For the first time in South Africa, there is the possibility of a statutory mechanism that secures the economic content of the rights that performers are routinely required to transfer to the producer. Through the Copyright Amendment Bill we have a realistic hope of negotiating equitable contracts.
Dept of Employment & Labour
Submissions by the South African Guild of Actors to Government Notice Number R1591 dated 11 December, 2019 entitled: "Intention to Deem Persons in the Film and Television Industry as Employees for provisions of some parts of the BCEA and LRA".
The International Labour Organisation has published numerous reports that identify actors as atypical workers who need protection and employment benefit. The ILO has also stated that atypical work is a trend which is set to increase in the future, and as a result more and more actors will be in a position where, without formal recognition of their status, they will be vulnerable to exploitative labour practice.
In pursuing formal recognition for actors we suggest that their right to contract is a necessity and we recognise that the ability for parties to enter into contractual relationships and negotiations remain. This is also a right that cannot be regulated, but within the ambit of the right to contract there should be a minimum recognition of dignity and protections, especially where there exists unequal bargaining power.
For the reasons mentioned above we feel that the best solution for actors is for there to be a sectoral determination for the Audio-visual and Live Performance industry that considers the peculiarities and intricacies of the sector. This sectoral determination would allow for a more robust and exact regulations for the sector so that the intended protections of labour legislation can be afforded to them.
The SAGA submission outlines issues with various proposals of Minister Nxesi's notice. Please read the attachments for the Government Gazette Notice and the full submission.
- The National Minimum Wage Act
- Compensation for Occupational Injuries & Diseases Act 130 of 1993
- Basic Conditions of Employment Act 75 of 1997
- Labour Relations Act 66 of 1995