The unacceptable low level of compliance with Labour Legislations and numerous problems afflicting Private Security Sector workers in South Africa indicate an urgent and greater need for stakeholders to converge, to end the exploitation of workers. This surfaced out of a two-day seminar conducted by the Department of Labour in Polokwane (Limpopo) from Monday, 5 December and ended on Tuesday, 6 December 2011.
Attending the seminar were Commission for Conciliation Mediation and Arbitration (CCMA), Private Security Industry Regulatory Authority (PSIRA) South African Police Service (SAPS), Private Sector Security Provident Fund (PSSPF) and organised labour.
“Our observations through our inspectorate are that this sector is experiencing difficulties in complying with our legislations. In the financial year 2010/11 about 1 246 companies were inspected and only a mere 686 companies were found to be complying with Labour Legislations”.
“During our inspections we found the following to be common areas of non-compliance: non-payment of the annual bonus, underpayment of minimum wages, non-contribution to the provident fund (even though deductions were made) and services benefits”.
“In addition to that our inspectorate team is met with various challenges as and when they conduct their inspections. This is why we need your cooperation and understanding in order to put these challenges to an abrupt halt going forward.
These challenges include amongst others; the postponements of inspections due to the unavailability of the responsible persons/employers, while prior arrangement and appointment have been made beforehand, lack of relevant documents at workplaces, albeit prior indications during notices of inspections”. Chief Director: Provincial Operations, Mr. Albert Tshidavhu said.
During the seminar stakeholders suggested that it be a condition to have a compliance certificate before one can even be considered for a tender. It was also suggested that companies that continue to flout Labour Legislations should be blacklisted in a sense that they would find it difficult to make business again, until such time that they are prepared to come to the party.
On their deliberations stakeholders further suggested that the department will prepare and implement compliance profiles of security providers from court rulings, this to be used to substitute for inspection reports for internal security adjudication and for recommending maximum penalties in Basic Conditions of Employment Act (BCEA).
Siyanda Nxawe, Deputy Director-General for Inspection and Enforcement Services indicated that the Department of Labour cannot win the battle alone and therefore needs the interventions of Organised Labour, “because you are always there with the employees in our absence”, Nxawe said.
Enquiries:
Johannes Mokou
Cell: 083 494 2180
Morgan Mokwana
Cell: 082 908 4969
