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
Select target paragraph3
Add to table of contents