Employment Laws: Violations and Gaps Resulting in Human Rights Violations Human Rights Watch found violations by employers of the basic conditions of employment of farm workers that are provided for in the Sectoral Determination for the Farm Worker Sector, which became operational on March 1, 2006. The violations include: failure to pay minimum wages; overtime without workers’ consent and failure to pay overtime rates; remuneration based on piece rate; and unlawful deductions from workers’ remuneration. The failure of employers to comply with the basic conditions of employment for farm workers also contravenes section 23 of the constitution that provides for everyone to enjoy fair labor practices. Human Rights Watch also learned of legal gaps and exclusions affecting farm workers in the Basic Conditions of Employment Act, 1997, and other labor laws. The Sectoral Determination is silent about who should provide decent housing and living conditions for farm workers. All these violations affect all farm workers, and not just foreign migrant workers. Other labor law violations affect exclusively foreign migrant workers. The Sectoral Determination does not regulate employer deductions from workers’ wages for the cost of complying with corporate permit provisions. Also, employers must contribute to the workers’ compensation fund but, in practice, foreign migrants are not able to receive compensation. These legal gaps impede the ability of foreign migrants to enjoy “fair labor practices” as provided for in the constitution. Zimbabwean migrants also were victims of workplace discrimination. Employers’ failure to pay minimum wages, their unlawful use of piece rate, and their disregard of overtime rules Employers who do not pay the minimum wage or minimum hourly rate violate sections 2 and 3 of the Sectoral Determination, and the constitutional right of migrants to “fair labor practices.” The farmer’s organization TAU issued a public statement that its farmers would not comply with the minimum wage increases announced in February 2006.134 The TAU official for the Soutpansberg region, who hires only South Africans, said, “We’re not against a minimum wage but set it at a fair level. Most farmers are not adhering, and I’m 134 Neesa Moodley, “Transvaal Agricultural Union Vows to Fight Labour Minister. Minimum Farm Wages Draw Flak,” Business Report (IOL online edition), April 4, 2006, http://www.busrep.co.za/index.php?fSectionId=&fArticleId=3188566 (accessed July 11, 2006). HUMAN RIGHTS WATCH VOLUME 18, NO. 6(A) 38