Question to the Minister of Employment and Labour - NW2769

23 September 2022 - NW2769

Masipa, Mr NP to ask the Minister of Employment and Labour

(1) What (a) is the breakdown of labour inspectors who are allocated in each (i) province and (ii) district in the agricultural sector, (b) number of farms were visited by each inspector in each province in the past 10 years and (c) were their findings and actions that were taken to address the specified findings; (2) (a) how is his department addressing the issues in the farming sectors with organised agriculture and farm workers if there are no labour inspectors allocated specifically for the farming sector and (b) on how regular a basis does he engage with the organised agriculture to address all labour issues on farms in each year; (3) will he furnish Mr N P Masipa with the minutes of such meetings and/or engagements with both organised (a) agriculture and (b) labour? NW3356E

Source
Link

Reply:

1(a) and (b). Number of inspectors and inspections

Province	Number of inspectors	Number of inspections
Eastern Cape	208	36140
Free State	188	9000
Gauteng	402	1075
KwaZulu-Natal	423	3783
Limpopo	171	8088
Mpumalanga	155	5158
Northern Cape	43	3076
North West	129	7233
Western Cape	218	6953

REPLY: 1(c) Findings and action taken

The following were the contraventions found across all the legislations:

Employment Equity Act No 55 of 1998 Provisions contravened:

Section 24 – appointment letter not signed by the CEO. EE Managers not appointed with the required resources and budged.
Section 16 and 17 – attendance registers not indicating the designated groups represented by the committee members.
Section 19 - analysis conducted post the development of the EE plan. Barriers not a true reflection of what is happening in the company
Section 20 – EE plans do not show reasonable progress towards transformation in line with goals and numerical targets set by employers.

Basic Conditions of Employment Act No 75 of 1997 and National Minimum Wage Act provisions contravened:

Section 9: Ordinary hours of work
Section 10: Overtime
Section 16: Pay for work on Sundays
Section 25: Maternity Leave
Section 29: Written Particulars of Employment
Section 31: Keeping of records
Section 32: Payment of remuneration
Section 33: Information about remuneration
Section 66: Powers to question and Inspect
Section 67: Co-operation with Labour Inspectors
Various sections in the Sectoral Determinations 9:
National Minimum Wage: Section 4(5): Non-payment of National Minimum Wage

Unemployment Insurance Contributions Act of 2002 provisions contravened:

Section 5 - Duty to contribute read with section 9 Payment of contribution to Unemployment Insurance Commissioner and refund;
Section 7: Deduction of employee’s contribution
section 9- Payment of contribution to Commissioner and refund; and
section 12 – interest of late payment
Section 13 – penalties and default
section 56 – Failure to register, submit declarations and make contributions to the Fund

Compensation for Occupational Injuries and Diseases Act of 1993 provisions contravened:

Section 80: Failure to register and furnish particulars with the DG
Section 81: Failure to keep records
section 82: Failure to furnish returns of earnings
section 86: Employer fail to pay assessments to the Commissioner
Section 87: Failure to pay assessments and other moneys.

Occupational Health and Safety no 85 of 1993 provisions contravened

General Safety Regulation 2(1), GSR 2(3)
Administrative safety regulations
COVID 19 -3(1), COVID 19 -3, COVID 19 -9, COVID 19- 3(7)
Hazardous Chemical substances 9
Environmental Regulations for Workplaces 9, ERW 6
Electrical Installations Regulations 7(1)
Facilities Regulations 2
Ergonomics regulations

Actions taken to address findings:

*Intervention*	*Activities*
Advocacy	Increased advocacy around the prescripts and provisions of the offerings of various Employment Laws through seminars, workshops, radio interviews etc.
Inspections	More than 90% of contravening workplaces served with notices on the spot. Follow up inspections, where applicable, are carried out.
Enforcement	Recoveries of monies through penalties and fines. Referral for prosecutions in instances where there could still be noncompliance where notices have expired.

(2) (a) how is his department addressing the issues in the farming sectors with organised agriculture and farm workers if there are no labour inspectors allocated specifically for the farming sector and (b) on how regular a basis does he engage with the organised agriculture to address all labour issues on farms in each year;

REPLY:

(a) All the inspectors of the Department conduct inspections in the Agricultural Sector. The inspectors are specialists and conduct inspections in line with their disciplines.

(b) Inspectors incorporate an element of advocacy whenever they carry out inspections, therefore, engagements happen on a continuous basis

(3) will he furnish Mr N P Masipa with the minutes of such meetings and/or engagements with both organised (a) agriculture and (b) labour?

REPLY:

There are no separate minutes as engagements happen during the inspection itself.

Source file

RNW2769-220923.docx

23 September 2022 - NW2769

Masipa, Mr NP to ask the Minister of Employment and Labour

Reply:

Source file

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