Labour minister Membathisi Mdladlana says any farmer who retrenches
farm workers must do so within the ambit of law.
The minister was responding to threats made by AgriSA and its affiliates Agri Northern Cape and Agri Free State yesterday that members would dismiss workers if the department did not change certain provisions of the Sectoral Determination for the Agricultural Sector.
The minister last year announced the new salary scales for farm workers, set at R800 for high-income areas and R650 for the lower earning farms.
‘Any retrenchments must be lawful and comply not only with the provisions of the new Labour Law Amendments and the Basic Conditions of Employment Act, but with other relevant pieces of legislation, including the Extension of Security of Tenure Act,’ Mr Mdladlana said in a statement.
The minister also said he was surprised by AgriSA's announcement in a recent media release that it was exploring the possibility of suing the department for failing to consult adequately during the process leading up to the promulgation of the Determination.
‘As a result of a commitment to social dialogue and transparency extensive consultation precedes the promulgation of these regulations,’ the minister said.
He said an inclusive consultative process, in which AgriSA also played a leading role, preceded the promulgation of the Sectoral Determination.
According to the labour department, the process of consultation started with a meeting at the conceptual stage of the investigation way back in August 1997 where the intention to do an investigation into the sector was canvassed with stakeholders.
The department explained that the process was primarily planned to serve as information sessions and allowed to it an opportunity to establish a contact point in the different provinces.
‘Staff of the Directorate: Employment Standards of the department had visited some 27 towns in the nine provinces in order to meet with farmers, agricultural unions and trade unions.
The department’s statement further explained AgriSA arranged these workshops with the stakeholders as well as the farm visits in consultation with the provincial organizers of AgriSA.
‘The department undertook a comprehensive study that highlighted a number of issues. The report on this study is the result of a very thorough process. It included discussions with farmers and farm workers in public hearings across the country, an in depth look at the agricultural economy, case studies of approximately 70 farms and ground breaking research on the determination of poverty.’
Subsequently, the report was published in September 2001 for public comment and the public was given 90 days to comment on the report. Written submissions were received from a number of stakeholders.
On the basis of this report and the written submissions received, the department held a number of public hearings in order to allow for stakeholders to comment further on these proposals.
‘Our research has shown that wage levels as set by the determination will minimize job losses, while improving the lot of a significant number of workers. The levels at which wages have been set recognizes the need to create an enabling environment for national and international investment and employment creating economic growth by setting wages at levels that will not negatively impact on the creation of employment.
He said but low levels of education, high levels of malnutrition clearly pointed to the abject poverty that was being experienced in the agricultural sector.
‘As government, we believe that we have to strike a balance between the demands of unions and the demands of farmers. Unions were demanding a minimum of R1 200.00 per month and AgriSA demanded R500 per month. We believe we have struck the correct balance between these competing demands.’ – BuaNews
The minister was responding to threats made by AgriSA and its affiliates Agri Northern Cape and Agri Free State yesterday that members would dismiss workers if the department did not change certain provisions of the Sectoral Determination for the Agricultural Sector.
The minister last year announced the new salary scales for farm workers, set at R800 for high-income areas and R650 for the lower earning farms.
‘Any retrenchments must be lawful and comply not only with the provisions of the new Labour Law Amendments and the Basic Conditions of Employment Act, but with other relevant pieces of legislation, including the Extension of Security of Tenure Act,’ Mr Mdladlana said in a statement.
The minister also said he was surprised by AgriSA's announcement in a recent media release that it was exploring the possibility of suing the department for failing to consult adequately during the process leading up to the promulgation of the Determination.
‘As a result of a commitment to social dialogue and transparency extensive consultation precedes the promulgation of these regulations,’ the minister said.
He said an inclusive consultative process, in which AgriSA also played a leading role, preceded the promulgation of the Sectoral Determination.
According to the labour department, the process of consultation started with a meeting at the conceptual stage of the investigation way back in August 1997 where the intention to do an investigation into the sector was canvassed with stakeholders.
The department explained that the process was primarily planned to serve as information sessions and allowed to it an opportunity to establish a contact point in the different provinces.
‘Staff of the Directorate: Employment Standards of the department had visited some 27 towns in the nine provinces in order to meet with farmers, agricultural unions and trade unions.
The department’s statement further explained AgriSA arranged these workshops with the stakeholders as well as the farm visits in consultation with the provincial organizers of AgriSA.
‘The department undertook a comprehensive study that highlighted a number of issues. The report on this study is the result of a very thorough process. It included discussions with farmers and farm workers in public hearings across the country, an in depth look at the agricultural economy, case studies of approximately 70 farms and ground breaking research on the determination of poverty.’
Subsequently, the report was published in September 2001 for public comment and the public was given 90 days to comment on the report. Written submissions were received from a number of stakeholders.
On the basis of this report and the written submissions received, the department held a number of public hearings in order to allow for stakeholders to comment further on these proposals.
‘Our research has shown that wage levels as set by the determination will minimize job losses, while improving the lot of a significant number of workers. The levels at which wages have been set recognizes the need to create an enabling environment for national and international investment and employment creating economic growth by setting wages at levels that will not negatively impact on the creation of employment.
He said but low levels of education, high levels of malnutrition clearly pointed to the abject poverty that was being experienced in the agricultural sector.
‘As government, we believe that we have to strike a balance between the demands of unions and the demands of farmers. Unions were demanding a minimum of R1 200.00 per month and AgriSA demanded R500 per month. We believe we have struck the correct balance between these competing demands.’ – BuaNews
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