The South African Department of Employment and Labour has conceded in court that its Newcastle pilot project does not exempt factories from labour laws or the clothing bargaining council's collective agreement. The labour department agreed to an order, granted by Judge Edwin Tlhotlhalemaje, conceding that it had no authority to grant any amnesty, and that its pilot project focusing on compliance within the Newcastle clothing industry did not permit or endorse interference with the council's functions.
The National Bargaining Council for the Clothing Manufacturing Industry launched urgent court proceedings in the labour court in Durban in late August, after several Chinese-owned manufacturers refused access to its inspectors. The owners claimed they were protected by an 18-month labour department pilot project, under which they said 31 factories were exempted from complying with the council's main collective agreement.
The bargaining council has in recent months taken aim at what it calls non-compliant "sweatshops" around KwaZulu-Natal. In its application, it said the department had no right to interfere with its work and no other body could enforce the main collective agreement, or excuse compliance with it. The council said since the launch of the department's National Advocacy Pilot Project, its inspectors were being refused access to factories.
The G31 group of factories, however, refused to agree to the order and the matter against them was adjourned to 12 October to determine if they are bound by the collective agreement. Elias Yawa, the labour department's acting chief director of statutory and advocacy services, said the department had the same aims and objectives as the council: to enforce compliance with the main collective agreement.
According to Yawa, a group of companies had approached deputy minister Jomo Sibiya in February for assistance in achieving compliance and as a result the project "to educate the sector" was formulated. Yawa said at subsequent meetings with all stakeholders, it was made clear there would be no exemptions granted. The project, which was to be conducted in various stages, had not yet been implemented, he said.
The council said while the G31 companies were opposing the application, in their preliminary answering affidavit they had not disputed that they had refused access to inspectors and they did not disavow their reliance for this on the project. The G31 have however asked for leave to file a further affidavit.
The labour department's concession comes amid concerns that non-compliance with basic conditions of employment would continue and the victims would be vulnerable workers, and the rule of law. This would also result in a culture of impunity "which will set in and spread through the clothing manufacturing industry" – with other manufacturers taking the view that they also did not need to comply or that they should suspend the payment of fees to the council.
Key points
- The South African labour department has conceded that it has no authority to grant amnesty to clothing manufacturers failing to comply with labour laws.
- The National Bargaining Council for the Clothing Manufacturing Industry had taken aim at non-compliant "sweatshops" around KwaZulu-Natal.
- The matter against the G31 group of factories was adjourned to 12 October to determine if they are bound by the collective agreement.
