Following a two day public hearing on labour brokers held in parliament, the chairperson of parliament's portfolio committee on labour, Lumka Yengeni, made a call on employers to become part of the process. The call comes after employers were absent at the public hearings held on 25 and 26 August in parliament. Yengeni said while the process now moved to the provinces and the portfolio committed wanted employers to step forward to tell their side of the story, they will not hesitate to intervene if it is needed.
"The Department of Labour did research on this issue and found that it was necessary for parliament to intervene. So we are calling on employers to come on board with the victims of labour brokers. When we intervene as parliament, we don't want people to say that they were not consulted. We sent out an invitation to the employers, but none of them attended the hearings. However, we are not waiting for them. If they don't come forward, we will intervene in a way we think is necessary," Yengeni told VOC's Breakfast Beat.
Beyond the absence of employers, Yengeni said they were fairly happy with the response to the two day hearing which was dominated by labour brokers, trade unions and victims of labour brokers. "One of the things we heard from the labour brokers in their defence is that it is not them exploiting workers; it is the employers who are exploiting them. So for the process to be complete, the employers must come into the process."
According to Yengeni, there was strong representation from the labour unions. "Cosatu and Nactwu were saying one thing - labour brokers must be banned. We also had many victims of brokers who testified on the treatment they received under their yoke."
Among others, research was tabled to the portfolio committee about African workers who had been brought in by farmers from the Eastern Cape to replace dismissed Coloured workers in the Western Cape. This had led to a volatile situation underpinned by racism.
"We learnt that on (some) farms people from the Coloured community who worked on those farms for years, had lost their jobs. Farmers then went to the Eastern Cape to get workers, but when they came here, they were only appointed as temporary workers, while the Coloured workers were permanent.
"So the new workers were doing the same job, but for less wages. This leads to a volatile situation where workers are divided on a racial basis. So there are a number of issues that are brought about by labour brokerage." In the interim, the process now moves onto the provinces during September and October, where after a final deliberation will take place.
Al-Jamah
One of the parties who made an oral submission at the hearing this week was Al-Jamah who concurred with the call to ban labour brokers and temporary employment services (TES). "Regulation of this industry should be limited to the expiry of the existing commercial contracts between labour brokers/TES and their clients which can exist for the next five years. This ban may exclude first time school leavers, but is subject to strict regulation if it is the first step to guaranteed employment for them on leaving school. In the longer term this can facilitate full employment in South Africa which should not be the domain of first world countries only," said Al-Jamah spokesperson, Ganief Hendricks.
He also called for the loopholes in the Act highlighted in the substantial submissions made to parliament. Hendricks said it should include a broader definition of dismissal "as this has been used by employers to opt out of job security and retrenchment legislation including the obligation of severance pay. Another loophole that must be sort out is the sectoral determination for contract cleaners which must be scrapped in spite of one or two good provisions as it has stripped 300 000 workers of their job security, their dignity and service benefits for life.
Hendricks said the committee will get nowhere with its recommendations if it does not address the perceptions of a "lame duck" department of labour. "They chop and change director generals and have acting CEO's. The sheltered employment sector under their watch is disgusted with their employment practices but that is another matter which we hope you will get round to investigate. The Department of Labour makes the Minister look like all thunder but no lightning," he said. VOC |
