Question NW1127 to the Minister of Employment and Labour
25 October 2024 - NW1127
Marawu, Ms TL to ask the Minister of Employment and Labour
In light of the recent incident at a certain restaurant (name and details furnished) involving worker exploitation, what (a) immediate steps has her department taken to address the reported exploitation and (b) consequences will be imposed on the employer as a result of the findings; (2) (a) how does her department intend to investigate and/or resolve cases of worker exploitation to prevent future occurrences and (b) what measures will be implemented to ensure a systematic resolution to worker exploitation in the hospitality industry; (3) whether any specific policy and/or regulatory changes are being considered to enhance oversight and enforcement against worker exploitation, building on existing laws such as Sectoral Determination 14 for the Hospitality Sector; if not, why not; if so, what are the relevant details; (4) what is the total number of labour inspectors currently employed nationwide?
Reply:
1. (a) High impact blitz were conducted, the said restaurants were part thereof.
(b) non-compliant workplaces were issued with notices and subjected to penalties and fines, as per the response for
2. (a) Investigations are an integral part of our inspection process. Our notices have a lifespan ranging from 14 to 60 days. If a workplace is found to still be noncompliant after the expiry date, we refer them for prosecution.
(b) in order to sustain compliance, we intervene through the following interventions:
- Advocacy and stakeholder engagements.
- Work with all the role players such as unions, business and workers themselves. we have entered into MOU’s with various stakeholders and we continue to explore ways that we can establish such in industries that are struggling with compliance
- Conduct follow up inspections.
- Continuous capacity development both within the Department and externally through seminars and conferences.
3. The regulation of employment in South Africa's hospitality sector is governed by several key laws. The BCEA, through Sectoral Determination 14, sets specific standards for working hours and leave. The LRA ensures fair labour practices and collective bargaining, while the EEA promotes workplace equality and prevents discrimination. The NMWA establishes a base wage of R27.58 per hour, and the OHSA ensures safe working conditions, all working together to protect workers' rights and regulate employment.
Schedule Two of the BCEA enhances enforcement by setting fines for noncompliance with employment conditions, ensuring that employers in the hospitality sector adhere to labour laws. Additionally, the NMWA imposes fines on employers who fail to pay the minimum wage, which can be up to twice the value of the underpayment. These penalties act as a deterrent and help prevent worker exploitation by ensuring fair compensation.
The NMWA applies to all workers, including commission earners, common in the hospitality sector. Their total earnings (basic wage plus commissions) must not fall below the minimum wage of R27.58 per hour, providing a base level of income protection. The Department of Employment and Labour is also considering legislative amendments through the NEDLAC Labour Law Reform process to strengthen enforcement, including protections for on-call workers and tighter rules on benefit deductions.
4.
Number of filled inspectors posts
|
PROVINCE |
NO OF INSPECTORS |
|
EC |
205 |
|
FS |
169 |
|
GP |
382 |
|
KZN |
400 |
|
LP |
173 |
|
MP |
137 |
|
NC |
81 |
|
NW |
137 |
|
WC |
200 |
|
HO |
11 |
|
TOTAL |
1836 |