Delinquent employers fined R10m by labour department
The labour department conducted 2,681 inspections across SA in September
01 October 2024 - 15:57
UPDATED 03 October 2024 - 12:26
byLuyolo Mkentane
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Labour & employment minister Nomakhosazana Meth. Picture: DAILY DISPATCH/LULALMILE FENI
Businesses flouting SA’s labour laws have been instructed to pay more than R10m to shortchanged employees as the department of employment and labour intensifies raids on rogue employers.
The department conducted 2,681 inspections across the country in September, with many workplaces found to be in breach of laws pertaining to the national minimum wage, basic conditions of employment, occupational health and safety, compensation of occupational injuries and diseases, unemployment insurance and immigration.
Employment and labour minister Nomakhosazana Meth disclosed the information during a media briefing in Pretoria on Tuesday.
The countrywide inspections led to the arrests of 81 undocumented foreign nationals.
They comes after TikTok content creator Mihlali Nobavu posted a viral video exposing an alleged toxic working environment at the Babel restaurant in Menlyn, Pretoria.
In the video, which has achieved 1-million views, Nobavu detailed her experiences as a waitress at the restaurant including being told to purchase her own uniform after she was hired and other “unfair” treatment.
She said staff had to buy their own equipment (bottle openers, cigar cutters, cigarette lighters, etc.). She was hired without a contract or basic salary, her income being derived from tips of which the company took a percentage. Staff also had to pay a person who assists them during the day, referred to as a “runner,” a fee from their own pockets.
She also alleged she was asked to change her hairstyle by management without reason.
According to the labour department, the 809 inspections were conducted in the Western Cape, where there was a 43% noncompliance rate. It was followed by Gauteng with 764 and a 72% noncompliance rate; KwaZulu-Natal at 535 with noncompliance of 33%; North West at 217 with noncompliance of 42%; Limpopo at 106 with noncompliance of 22%; Eastern Cape at 82 with noncompliance of 40%, Free State at 69 with noncompliance of 32%, and Mpumalanga at 59 with noncompliance of 55%.
Meanwhile, the National Union of Metalworkers of SA (Numsa) said it welcomed a raid on Tradecor Steel and other steel companies recently for “flouting labour regulations by exploiting undocumented foreign nationals”.
Livi called on the department to look into VR Steel, and Africa Steel and Tube, saying: “We would call on them to finally take decisive action, in order to ensure that all employers adhere to the labour law when doing business in this country.”
Undocumented immigrants are vulnerable to exploitation because of their state, Livi said.
“Employers know that these workers are less likely to report them for gross violations, including health and safety violations in the workplace. It is also difficult for them to join unions because they do not have the right paperwork and so this makes it easy for employers to abuse them.”
Tradecor Steel, SA Steel Mills, Fortune Steel, VR Steel, and Africa Steel and Tube did not immediately respond to requests for comment.
With TimesLIVE
Update: October 3 2024 This article has been updated with new information.
Support our award-winning journalism. The Premium package (digital only) is R30 for the first month and thereafter you pay R129 p/m now ad-free for all subscribers.
Delinquent employers fined R10m by labour department
The labour department conducted 2,681 inspections across SA in September
Businesses flouting SA’s labour laws have been instructed to pay more than R10m to shortchanged employees as the department of employment and labour intensifies raids on rogue employers.
The department conducted 2,681 inspections across the country in September, with many workplaces found to be in breach of laws pertaining to the national minimum wage, basic conditions of employment, occupational health and safety, compensation of occupational injuries and diseases, unemployment insurance and immigration.
Employment and labour minister Nomakhosazana Meth disclosed the information during a media briefing in Pretoria on Tuesday.
The countrywide inspections led to the arrests of 81 undocumented foreign nationals.
They comes after TikTok content creator Mihlali Nobavu posted a viral video exposing an alleged toxic working environment at the Babel restaurant in Menlyn, Pretoria.
In the video, which has achieved 1-million views, Nobavu detailed her experiences as a waitress at the restaurant including being told to purchase her own uniform after she was hired and other “unfair” treatment.
She said staff had to buy their own equipment (bottle openers, cigar cutters, cigarette lighters, etc.). She was hired without a contract or basic salary, her income being derived from tips of which the company took a percentage. Staff also had to pay a person who assists them during the day, referred to as a “runner,” a fee from their own pockets.
She also alleged she was asked to change her hairstyle by management without reason.
According to the labour department, the 809 inspections were conducted in the Western Cape, where there was a 43% noncompliance rate. It was followed by Gauteng with 764 and a 72% noncompliance rate; KwaZulu-Natal at 535 with noncompliance of 33%; North West at 217 with noncompliance of 42%; Limpopo at 106 with noncompliance of 22%; Eastern Cape at 82 with noncompliance of 40%, Free State at 69 with noncompliance of 32%, and Mpumalanga at 59 with noncompliance of 55%.
Meanwhile, the National Union of Metalworkers of SA (Numsa) said it welcomed a raid on Tradecor Steel and other steel companies recently for “flouting labour regulations by exploiting undocumented foreign nationals”.
Livi called on the department to look into VR Steel, and Africa Steel and Tube, saying: “We would call on them to finally take decisive action, in order to ensure that all employers adhere to the labour law when doing business in this country.”
Undocumented immigrants are vulnerable to exploitation because of their state, Livi said.
“Employers know that these workers are less likely to report them for gross violations, including health and safety violations in the workplace. It is also difficult for them to join unions because they do not have the right paperwork and so this makes it easy for employers to abuse them.”
Tradecor Steel, SA Steel Mills, Fortune Steel, VR Steel, and Africa Steel and Tube did not immediately respond to requests for comment.
With TimesLIVE
Update: October 3 2024
This article has been updated with new information.
mkentanel@businesslive.co.za
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