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Overall ResponsibilityDirector General: NPT Nhleko

Briefing on Implementation of the Sectoral Determination in Agriculture

22 November 2011

Briefing on Implementation of the Sectoral Determination in Agriculture

22 November 2011

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Table of ContentsTable of Contents

PurposeBackgroundApproach on farm inspectionsFindings and OutcomesKey ChallengesRecommendations

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PurposePurpose

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•The purpose of this presentation is to provide a report on the implementation of the Sectoral Determination in Agriculture.

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BackgroundBackground

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The Sectoral Determination establishing minimum wages and conditions of employment for employees in agricultural sector in South Africa came into effect on 1st March 2006.

The role of the labour inspectorate since then was to monitor its implementation and to ensure that compliance thereto is enforced.

Workers in this sector were identified as one of vulnerable groups which require prioritisation with regard to protection

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Approach on the farmApproach on the farm inspectionsinspections

. Inspectors conduct routine inspections both proactive and reactive as per provincial inspections plan, in this case farmers are notified in advance about the intended visitBlitz inspections as an attempt to heighten visibility of inspectors in workplaces, are conducted on farms, in this instance farms are visited without any notice.Agriculture has been identified as one of the high risk and problematic sectors and therefore targeted for these blitz inspectionsThe Minister also adopted this program and is currently leading blitz inspections in Agriculture

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Findings and outcomesFindings and outcomes

. There has been an increase in cases of child labour Poor living conditions, ablution facilities, housing etc No contracts of employment, where they exist they are not in line with Basic Conditions of Employment Act Increased use of labour brokers and consultantsEmployment of migrant workers in some provinces

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Inspections in Agriculture 2010/11Inspections in Agriculture 2010/11

.PROV Type of notices issued

# INSP

#COMPLAYIN

G # COMPLIANCE

# NOTIC

ES ISSUE

D

UNDERTAKING

COMPLIANC

E

CONTRAVENTION

IMPROVEMENT

Prohibition

GP 68 22 32 61 23 0 31 7 0

KN 232 137 59 95 51 5 36 0 3

EC 180 116 64 64 58 0 6 O 0

WC 226 222 98 164 123 0 36 4 1

FS 279 275 98 54 37 0 16 1 0

LP 140 78 56 66 45 0 20 0 1

NW 317 251 79 65 39 0 25 0 1

NC 199 163 82 32 7 1 23 1 0

MP 98 43 43 67 36 O 31 0 0

TOTAL

1739

130768

668 419 6 224 13 6

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Inspections in AgricultureInspections in Agriculture.

In this financial year 2011/12 the Free State Provinces has conducted 491 farm inspections and 120 enforcement notices issued.

Limpopo province has conducted 69 inspections and 51 enforcement notices issued in this first semester.

Mpumalanga province inspected 90 farms and issued 33 enforcement notices

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Key ChallengesKey Challenges

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Insufficient inspectors to visit every farm in this countryTools of trade such as vehicles are not sufficient for labour inspectorate to monitor compliance in each and every farm across the country.Access to farms remains a major challenge The formal protocol which regulates the relationship between the farming sector and department needs review.labour brokers also make it difficult for inspectors to identify the real employer.Organisation of farm workers to ensure collective bargaining on issues affecting their employment conditions and wages

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RecommendationRecommendation. It is recommended that Department secure sufficient

resources to ensure effective monitoring of the farms for compliance with the Sectoral Determination Enhance Strategic partnerships with all relevant stakeholders and other government departments The Protocol in the farming sector needs to be reviewed.Issues regarding labour brokers and outsourcing urgently addressed.A natonal meeting between the department, TAU; AGRISA;NAFU and FAWU to address challenges within the sector Regular advocacy and education sessions for both workers and employers

Thank youThank you

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