One of the textile factories inspected during a three day biltz led by the Department of Employment and Labour, which forms part of a national initiative, was found to be in breach of a number of labour legislations as well as the Fire Brigade Services Act. Picture: Supplied.
The KwaZulu-Natal Department of Employment and Labour Inspector General Aggy Moiloa has ordered inspectors to set up camp in northern KZN to ensure compliance with labour laws after a three-day joint blitz operation in the Mandeni area found several violations.
The department’s blitz that started on Monday, in partnership with the Department of Home Affairs, the Mandeni Metro Police, SAPS and the textile sector bargaining council ended on Wednesday.
Provincial chief inspector Mlungisi Zondi said inspectors found violations including non-compliance with the Basic Conditions of Employment Act and the Occupational Health and Safety Act. Workers were also not being paid the minimum wage and Bargaining Council rates.
“Workers are earning as little as R4.50 per hour instead of R25.52 p/h. There was also non-payment of overtime rates,” he said adding that some employers implemented the “no-work, no-pay principle” incorrectly and violated paid sick or annual leave provisions.
Zondi said inspectors also found non-compliance with the Unemployment Insurance Contribution Act with regard to under-declaration and no contribution to the Unemployment Insurance Fund for workers.
He added that there was also non-compliance with the Compensation for Occupational Diseases Act including under-declaration of employees and non-compliance regarding returns of earnings and the employer not reporting injuries on duty to the department.
Zondi said other noticeable contraventions were regarding the Companies Act and the Co-operative Act with workers “fronting” as directors and founders.
In a statement on Tuesday, the department’s chief director of provincial operations in KZN, Edward Khambula, warned of a new and growing trend where companies in the industry were claiming to be trading as co-operatives and therefore not bound by labour laws.
“Co-operatives are bound by labour laws. There is no immunity. We need to fight this practice of a change in the names of establishments. People close down their operations and pop up elsewhere. It is becoming a case of the same faces, same premises and same operations,” he said.
In addressing these violations, Zondi said inspectors issued notices such as compliance orders, contraventions and prohibition notices.
“These are done so that the employer can rectify the situation accordingly. We shall monitor employers for implementation. Failing to rectify may lead to prosecution,” he said.
Moiloa said the inspectorate should avoid being led on a “wild goose chase” and camp in the area to carry out sustained inspections.
“If it means we have to deploy inspectors every week in the Mandeni area, we will do so. We need to clean the area. Inspectors are empowered to ensure compliance with the labour laws of the country. Mandeni and Newcastle have for a long time been problematic and we now need to act,” she said.
The Mercury