High level of labour legislation non-compliance on KZN farms

The Department of Labour (DoL) has reported that 23 out of 29 KwaZulu-Natal farms recently inspected, did not comply with aspects of labour legislation.

High level of labour legislation non-compliance on KZN farms
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These inspections had been carried out in response to a number of grievances lodged with the DoL by farmworkers in the province.

Sithembele Tshwete, spokesperson for labour minister, Mildred Oliphant, said that these grievances included farmworkers having to work long hours, not being provided with protective clothing, having to work in unsafe conditions, and being expected to complete challenging tasks within limited time frames.

Most of those inspected were sugar cane farms.

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The inspections focussed on ensuring compliance with employment equity requirements, the Basic Conditions of Employment Act, the Compensation for Occupational Injuries and Diseases Act, occupational health and safety regulations, the Unemployment Insurance Fund (UIF), the Labour Relations Act, and relevant sectoral determinations.

The alleged infringements included employers not providing farmworkers with protective clothing, failing to pay the minimum wage, not issuing payslips, not making UIF contributions, employing undocumented foreign labourers, and not meeting employment equity requirements.

Lungelo Mkamba, spokesperson for KZN DoL, said that on farms where non-compliance with labour legislation was found, the DoL had issued employers with enforcement notices that would be followed up after the period given to remedy this non-compliance had expired.

“If there is non-compliance after follow-up, prosecution [of the relevant employers] will be recommended,” he said.