This is a rough translation from Afrikaans
Commentary from The ReDress Consultancy
How positions seem to have changed during the course of the past six or so months. From reading this article we understand that it is now the clothing union, Sactwu that is reluctant to pursue the closing of non-compliant clothing companies that will result in massive unemployment.
Is this politics at play - election time? Or, is the union considering a revaluation of the state of the industry?
And what is the real position of AMSA. The organisation seems determined to now pursue legal recourse in shutting down non-compliant companies. Is there a solution?
THREATENED CLOTHING FACTORY WARS
25 May 2012 Dewald Van Rensburg
Sake24
Johannesburg. - The controversial shutting down
of clothing factories that
do not pay minimum wages could soon be resumed.
A total of 450 factories could be affected by this.
Between them, these factories employ "10 000 to 12 000" people, a full fifth
of the employees registered with the sector's Bargaining Council" says Johan
Baard, director of the Council's largest employer group, Apparel
Manufacturers of South Africa (AMSA).
A "phasing in period" for transgressors which was granted last year amidst
an inundation of factory strikes, expired at the end of April. According to
AMSA, the doors of anyone not yet paying the minimum wage would be locked.
He insists that the closing down of factories is not his first choice in
solving the problem.
The possibility of shutting down of factories could lead to labour unrest in
the industry, as relations between AMSA and SACTWU, the union in the
Bargaining Council, deteriorated spectacularly this year.
SACTWU does not agree about the phasing in period, and the demands (Amsa's) that whoever
does not ascribe to the prescribed wage levels should immediately be shut
down. The union has declared a dispute with AMSA.
A third party shall therefore have to decide if the agreement implies that
the shutting down of factories must be resumed.
Earlier this month the union said in a letter to AMSA that they "do not
share the employers' viewpoint that "there had been no way forward" to
reduce wage transgressions.
To the contrary, compliance with prescribed wages had actually improved.
The damage and rivalry between transgressors had caused AMSA members has,
according to the union, lessened and the time had come for less drastic
measures to be taken.
AMSA also insists that it does not want to shut down factories, but says
that it has no choice as their members, who do indeed pay the prescribed
wages, would be undermined by wage transgressors.
Since 2005 a number of shutting down campaigns have been put into operation
and at the beginning of last year the Council estimated that "between 200
and 300" factories had already been shut down since the National Bargaining
Council was formed a decade ago.
However, without SACTWU's agreement the Council cannot carry out the
shutting down of factories.
AMSA now intends to approach the Labour Court with an urgent proposal that
the standing agreement with the sector, which according to them indeed
compels the shutting down of transgressing factories, must be implemented
despite opposition by SACTWU.
According to Baard the Court application has already been drawn up and is
expected to reach the Court within a few days.
It is unknown how this will affect the dispute stated by SACTWU.
Andre Kriel, head secretary of SACTWU, told Sake24 yesterday that the fate
of the factories which are still not paying the minimum wage would have been
discussed on 18 April at a meeting with AMSA at the Service Board. "AMSA
unilaterally cancelled this meeting a day before it was scheduled" said
Kriel.
Thereafter AMSA also unilaterally withdrew from a loan negotiation meeting
on 18 April.
There is indeed an agreement that next Monday AMSA will furnish SACTWU with
a "new loan structure". For years AMSA has been promoting a system which
will couple wages to productivity, although yesterday Baard would not
disclose the proposed suggestions to SACTWU.
WAGE PLAN IN CLOTHING SECTOR FAILS
The agreement which was reached last year in the clothing sector to reduce
new employees' starting salaries in support of job creation appears to be a
total failure.
To date only between 200 and 250 employees have been appointed in the sector
at the lower starting salary said Johan Baard, Director of the sector's
prevailing employer group, Apparel Manufacturers of South Africa (AMSA).
In this agreement the target was set that the employers involved would
increase the number of posts by 15% within 3 years, approximately 5400
additional posts. Following on from this, by March this year there should
have been 3% more, or approximately 1000 new posts created.
According to Baard this drawback was predictable.
The new employees had soon become dissatisfied with earning between 20% and
30% less than other employees who are often doing the same work that they do
and who maintain the same productivity level, said Baard.
This leads to one of two things: Either the employees leave the factory or
the employer eventually pays them the standard wage.
The lower wages that were permitted for new employees ranged between R427
and R522 per week for machinists, the most common occupation within the
industry.
This is in comparison to the R489 to R740 which would otherwise be
applicable.
According to Baard, trade uncertainty is another reason why recruitment does
not grow in the sector.
do not pay minimum wages could soon be resumed.
A total of 450 factories could be affected by this.
Between them, these factories employ "10 000 to 12 000" people, a full fifth
of the employees registered with the sector's Bargaining Council" says Johan
Baard, director of the Council's largest employer group, Apparel
Manufacturers of South Africa (AMSA).
A "phasing in period" for transgressors which was granted last year amidst
an inundation of factory strikes, expired at the end of April. According to
AMSA, the doors of anyone not yet paying the minimum wage would be locked.
He insists that the closing down of factories is not his first choice in
solving the problem.
The possibility of shutting down of factories could lead to labour unrest in
the industry, as relations between AMSA and SACTWU, the union in the
Bargaining Council, deteriorated spectacularly this year.
SACTWU does not agree about the phasing in period, and the demands (Amsa's) that whoever
does not ascribe to the prescribed wage levels should immediately be shut
down. The union has declared a dispute with AMSA.
A third party shall therefore have to decide if the agreement implies that
the shutting down of factories must be resumed.
Earlier this month the union said in a letter to AMSA that they "do not
share the employers' viewpoint that "there had been no way forward" to
reduce wage transgressions.
To the contrary, compliance with prescribed wages had actually improved.
The damage and rivalry between transgressors had caused AMSA members has,
according to the union, lessened and the time had come for less drastic
measures to be taken.
AMSA also insists that it does not want to shut down factories, but says
that it has no choice as their members, who do indeed pay the prescribed
wages, would be undermined by wage transgressors.
Since 2005 a number of shutting down campaigns have been put into operation
and at the beginning of last year the Council estimated that "between 200
and 300" factories had already been shut down since the National Bargaining
Council was formed a decade ago.
However, without SACTWU's agreement the Council cannot carry out the
shutting down of factories.
AMSA now intends to approach the Labour Court with an urgent proposal that
the standing agreement with the sector, which according to them indeed
compels the shutting down of transgressing factories, must be implemented
despite opposition by SACTWU.
According to Baard the Court application has already been drawn up and is
expected to reach the Court within a few days.
It is unknown how this will affect the dispute stated by SACTWU.
Andre Kriel, head secretary of SACTWU, told Sake24 yesterday that the fate
of the factories which are still not paying the minimum wage would have been
discussed on 18 April at a meeting with AMSA at the Service Board. "AMSA
unilaterally cancelled this meeting a day before it was scheduled" said
Kriel.
Thereafter AMSA also unilaterally withdrew from a loan negotiation meeting
on 18 April.
There is indeed an agreement that next Monday AMSA will furnish SACTWU with
a "new loan structure". For years AMSA has been promoting a system which
will couple wages to productivity, although yesterday Baard would not
disclose the proposed suggestions to SACTWU.
WAGE PLAN IN CLOTHING SECTOR FAILS
The agreement which was reached last year in the clothing sector to reduce
new employees' starting salaries in support of job creation appears to be a
total failure.
To date only between 200 and 250 employees have been appointed in the sector
at the lower starting salary said Johan Baard, Director of the sector's
prevailing employer group, Apparel Manufacturers of South Africa (AMSA).
In this agreement the target was set that the employers involved would
increase the number of posts by 15% within 3 years, approximately 5400
additional posts. Following on from this, by March this year there should
have been 3% more, or approximately 1000 new posts created.
According to Baard this drawback was predictable.
The new employees had soon become dissatisfied with earning between 20% and
30% less than other employees who are often doing the same work that they do
and who maintain the same productivity level, said Baard.
This leads to one of two things: Either the employees leave the factory or
the employer eventually pays them the standard wage.
The lower wages that were permitted for new employees ranged between R427
and R522 per week for machinists, the most common occupation within the
industry.
This is in comparison to the R489 to R740 which would otherwise be
applicable.
According to Baard, trade uncertainty is another reason why recruitment does
not grow in the sector.