Labour inspections on most farms were often difficult to carry out as farmers denied government officials access to their properties, the inquiry into human rights violations on farming communities heard on Wednesday.
The Congress of South African Trade Unions (Cosatu) told the Human Rights Commission (HRC) in Pretoria that in most farms, inspectors from the Department of Labour were often locked outside the premises as farmers claimed they were impeding on their properties.
Cosatu legal co-ordinator Prakashnee Govender said that while the Labour Relations Act provided for inspectors to conduct raids at any workplace, the Property Rights Act was causing confusion because most farmers used the latter law’s interpretation of private property to refuse free inspections.
”This contradiction is being used at the expense of the employees, and the Department of Labour seems to be unable to do anything about it. This is the biggest problem in terms of trying to help farm workers and ensure their rights in terms of the Basic Conditions of Employment Act are adhered to,” Govender said.
She said some farm workers work overtime without any remuneration, while during the harvest season, farmers by law could extend working hours provided they compensate their employees.
Despite Cosatu’s numerous reports to the labour department on these violations nothing has been done so far.
”They (Labour officials) tell us they can’t go these farms and sometimes they’d give a notice to a worker to be passed on to the employer, but this has also not brought any result”.
Govender said the union had at one stage also met Labour Minister Membathisi Mdladlana about these matters but he referred them to provincial heads of the department.
According to Govender, farm workers were often made to work during public holidays and on Sundays without compensation, while annual or maternity leaves are also not granted.
The farmers union Agri SA was also not helpful either.
”The farmers’ union has acknowledged most of our complaints but maintains it can not dictate to its members on what to do,” she said.
The hearings continue. – Sapa