Increased average temperatures, climate variability, and extreme weather events are taking a toll on the environment and disproportionately affecting the lives and livelihoods of vulnerable communities. This is intensifying challenges in the world of work.
Working on a warmer planet increases health and safety risks and affects workers’ well-being and productivity. These risks are a challenge for employment, labour standards, and the creation of decent work.
Temperatures in South Africa are rising faster than the global average. And finding ways to adapt to climate change and navigate its challenges is becoming increasingly urgent. These challenges are compounded by the disruptions of an energy transition. South Africa also has high levels of inequality and unemployment.
South Africa, one of the largest (CO₂) emitters in Africa, has committed to reducing its emissions with the aim of reaching net zero emissions by 2050. But how does the country balance the need to cut carbon emissions while protecting an already vulnerable working population during the energy transition?
Enabling a just transition is a focus for the constituencies of the National Economic Development and Labour Council. The council is South Africa’s national social dialogue institution. It consists of representatives from the state, organised labour, organised business, and community organisations. The council’s Labour Market Chamber has been working on how best to integrate principles of labour and environmental justice. And how labour laws can be used to support a just energy transition.
The University of the Western Cape’s Centre for Transformative Regulation of Work, of which I am the director, has supported the council and its social partners in labour law reform processes. The aim is to ensure that labour laws and policy are responsive to the changing world of work, and are “fit for purpose” in the just transition era.
Two priorities are to implement the Climate Change Act as envisaged. And to use and develop labour law to support a just transition.
The Climate Change Act
The Climate Change Act 22 of 2024 incorporates the goal of decent work within a commitment to a just transition. The act, which will take effect on a date yet to be determined, defines a just transition as
a shift towards a low-carbon, climate-resilient economy and society and ecologically sustainable economies and societies which contribute toward the creation of decent work for all, social inclusion, and the eradication of poverty.
The act is ambitious in its scope and leaves no part of society untouched. It aims to restructure the economy from one dependent on fossil fuels to a low carbon economy, at the same time contributing to decent work and an inclusive society.
New institutional arrangements are envisaged and existing institutions are expected to adapt. Relevant state actors must “review and if necessary revise, amend, coordinate and harmonise their policies, laws, measures, programmes and decisions” to “give effect to the principles and objects” of the act.
The act provides impetus for change and an opportunity to revisit the country’s labour law and industrial relations landscape.
Labour law in a just transition era
South Africa’s labour law promotes both collective bargaining and employee consultation processes — the “dual channels” for engagement. However, industrial relations are typically characterised by adversarial bargaining over wages and economic distribution. This approach falls short of the nuanced and collaborative processes needed to navigate a just transition. The first step requires a shift from familiar, adversarial patterns of engagement.
The energy transition and adaptation to climate change may have significant implications for job security and employment. These include
-
the adoption of new technologies, resulting in workplace restructuring
-
changes in the organisation of work or work methods
-
the discontinuation of operations, either wholly or in part.
The framework for constructive engagement on such developments includes institutions and mechanisms at workplace, sector and national levels. At the workplace, workplace forums were intended for this purpose.
Workplace forums are voluntary institutions introduced in the Labour Relations Act 66 of 1994 to ensure that workers are consulted and have a voice in decisions that affect them. Unfortunately, the uptake of workplace forums has been limited.
Industry and sector institutions include bargaining councils and the Sector Education and Training Authorities. These should be developed into spaces for consultation on measures to support a just transition and coordination of skills development and industrial policy.
Nationally, Nedlac is the apex social dialogue institution. There’s also the Presidential Climate Commission which was established by President Cyril Ramaphosa to oversee and facilitate a just transition. The commission is regulated by the Climate Change Act. It plays a critical role in steering just transition policy processes and building consensus on regulatory developments.
What are the gaps?
Labour law has limited scope to address environmental degradation or the concerns of communities. To plug this gap, programmes that integrate rights, policies and services for workers and communities affected by the energy transition should be considered. For example the framework for Social and Labour Plans in the mining sector could be augmented to support a just transition.
Labour law functions and mechanisms that support a just transition may need to be strengthened. Key areas for improvement include:
-
the framework and ecosystem for skills development to prepare workers for job transitions
-
occupational health and safety and labour standards for the protection of workers in conditions of increased heat and extreme weather events
-
the scope, application and objectives of social security schemes and social protection for workers affected by the transition to a low-carbon economy.
Other steps towards a just transition include:
-
policy coherence and co-ordination at multiple levels, including all levels of government, businesses, labour and communities
-
capacitation of local government to support communities and the creation of decent work.
Environmentally sustainable practices must be a priority in all workplaces. Consultation and coordinated responses should not be limited to workplaces, sectors and industries that are directly affected, such as the coal mining sector.
Adaptation to climate change should be at the forefront of the collective efforts of all South Africans. Perhaps even more so in higher education institutions, where the responsibility to educate, innovate, and lead by example is paramount.
South Africa’s climate change law envisages a pathway to social inclusion and decent work. Its labour laws provide critical tools for the transition.
Debbie Collier, Shane Godfrey, Vincent Oniga and Abigail Osiki co-authored the Nedlac report, Optimising labour law for a just transition (2024).
Debbie Collier receives funding from the National Research Foundation (NRF) and is the director of the Centre for Transformative Regulation of Work (CENTROW). CENTROW has received funding to assist the National Economic Development and Labour Council (NEDLAC) and social partners in labour law reform processes.
