 Reformation
in SA
- land reform
Connections
- links
- search engine
STAFF
: E-MAILS
 |
wages on
farm workers
In the course of its work as a land rights NGO, Nkuzi
has acquired considerable knowledge of the wages, working conditions,
living conditions and general welfare of workers and residents on
white-owned commercial farms in the Northern Province. From this work,
it is clear that farmworkers, with some exceptions, are among the
poorest and exploited section of our society. Little has changed in
terms of the treatment of farmworkers since the apartheid era, and
farmworkers enjoy little effective protection by the state in terms
of enforcement of the labour laws or protection of human rights more
generally.
The exploitation of farmworkers and residents can be categorised under
five broad headings:
- Poor Wages
- Abuse of the labour laws
- Abuse of foreign workers
- Violence
- Abuse of residency/land use rights
Clearly, the introduction of a statutory minimum
wage cannot resolve all of these issues. It can, however, form a valuable
part of a broader strategy to improve the lives of farmworkers and
to extend the rule of law on farms. In order to be successful, a statutory
minimum wage will have to be accompanied by other supportive measures,
particularly in terms of monitoring and enforcement, and learn from
the failures of other reform efforts to impact significantly on the
condition of farmworkers.
Of the five categories listed above, the first three could be expected
to be positively influenced by the introduction of a statutory minimum
wage. This would come about directly, through a rise in the existing
wage rates, and indirectly through the greater supervision of employment
conditions on farms that such a policy would entail.
Poor Wages
Farm wages are amongst the lowest in the Limpopo Province,
comparable to the lowest level of casual work in other sectors. No
reliable statistics are available for wage rates in the Province,
but widespread observations and interviews with farmworkers suggest
that most farm wages fall in the range of R100 to R300 per month,
before deductions. Given the high levels of dependency in the Limpopo
Province, these wages translate into extreme poverty at the household
level. It is highly unlikely that either employers or government are
going to publicly advocate a wage rate towards the lower end of this
scale. Even at R300 per month, a statutory minimum wage would imply
an improvement for the great majority of farmworkers in the Province.
In consideration of household subsistence requirements, however, we
believe that a minimum wage should not be set below R500 per month.
Abuse of the Labour Laws
Applicable laws such as the Labour Relations Act and
the Basic Conditions of Employment Act are widely ignored on farms
in the Limpopo Province. Common abuses of the law include arbitrary
dismissals without compensation, dismissals for trade union activity,
no paid maternity, sick or annual leave, excessive working hours,
unsafe working environments, non-payment of UIF and the use of child
labour. The pervasiveness of these forms of abuse can be related to
the continuation of practices established during the apartheid era,
the extreme vulnerability of farmworkers and the failure of the relevant
authorities to inspect farms or prosecute employers who break the
law. Past experience suggests that widespread evasion of minimum wage
regulations can be expected. A statutory minimum wage will, therefore,
require a level of monitoring and enforcement far greater than what
exists at present. This, we believe, will have positive effects on
the wider application of the labour laws, and thus on the general
conditions on farms.
Abuse of Foreign Workers
Non-South African nationals are employed on farms throughout
the Limpopo Province and constitute probably the most exploited group
within the agricultural labour force. Foreign workers consist largely
of undocumented Mozambican refugees and Zimbabweans with temporary
permits or without permits. Workers from other countries, such as
Botswana, Zambia and Malawi are also found, but not in significant
numbers. The abuse of foreign workers takes many forms. Firstly, they
tend to be paid less than local (South African) workers, and for this
reason are often used to replace local workers. Secondly, they tend
to be employed 'off the books' and thus receive no benefits or legal
protection. Thirdly, many unscrupulous employers withhold wages at
the end of the period of employment and report their workers to the
authorities as illegal immigrants. We believe that a properly-enforced
statutory minimum wage for all farm workers would help to eliminate
these forms of abuse.
Conclusion
Nkuzi welcomes the debate around the introduction of
a statutory minimum wage and the involvement of all stakeholders.
We believe this will serve to highlight the extremely abusive and
exploitative conditions prevailing on farms, and will lead to both
direct material gains and wider improvements in conditions for farm
workers. We believe that the first step in this process is to build
support for the principal of a minimum wage among stakeholders, and
to identify the resources and mechanisms necessary for its effective
enforcement. The precise amount of the minimum wage should be a subject
for negotiation, but should be set with due regard to the realistic
subsistence requirements of farm workers and their families.
|
|
|
|
|
|
