19 June, 2011
Why did NUMSA decide to make CAL a priority?
Contract and agency work is one of the big challenges for trade unions. The percentage of contract and agency work has gone up. That’s why NUMSA has demanded that the government ban labour brokers. Workers are exploited in a big way – because they are not employed by the primary employer they receive less benefits. They are easy to dismiss – a broker is just told to take that worker off my premises.
In the engineering sector, labour brokers are regulated, but there are many loopholes. There is no proper monitoring system to make sure there is respect for their rights.
In the auto sector, we won our demand – it was agreed that the use of labour brokers will be phased out until there are none. The workers who had been employed by brokers must become permanent. Despite the need the workers to have medical care, employers do not want to pay medical aid and also transport allowances. In the engineering sector, the employers have rejected our demand. In all sectors, there are more and more workers employed by brokers.
Do permanent workers and labour broker workers receive different wages? Does this create tensions?
This issue also divides workers. I work next to you but my conditions are not the same as yours. Why should I support you? If I am earning $US50 and you earn $US40 but we are doing the same work, that’s inequality. South Africa is seen as the most unequal country in the world. Workers employed through labour brokers are on the minimum wage of the industry.
What are the challenges in organising labour broker workers? Have you had successes?
In many of our companies, we organise labour broker workers. Some company unions are not strong, some workers are afraid. Labour broker workers are easy to dismiss. Labour brokers often say just don’t come back.
At ITRON, a company which manufactures pre-paid electricity meters, 100% of the workers are unionised. They have a history of dealing with the workers. They can challenge the primary employer if conditions are not up to standard.
Then there is the constitution. There is the constitutional right to be associated with any organisation of the workers’ choice. We can use the constitution to fight when it comes to labour brokers. The union must be strong to fight.
Canteen and cleaning workers are often outsourced. You find that these workers belong to another union.
What are the main concerns and priorities for labour broker workers?
In some companies, permanent workers get medical aid, but labour broker workers don’t qualify. Medical aid is not compulsory. Labour broker workers don’t have job security. They cannot plan in the long term. They live one day to the next. There is never stability in their life. The wages are different, mostly labour broker workers are paid the minimum wage of the industry. In terms of training and growth, as a labour broker worker you are compromised.
In the auto sector, when we go to negotiate, we look at what we can demand that responds to the challenges. It might take one-to-two years before labour brokers are completely out of the industry, but at least there is that agreement for them. The workers know the union will give legal support.
There are two parallel processes. We still continue to demand that labour brokers are banned and also, at the same time, we organise labour broker workers. The number of permanent workers has been drastically reduced. In the engineering sector, workers who have been retrenched must be employed first, but they do so with labour brokers – there are so many loopholes.
An argument against the use of labour brokers is that they are a form of modern day slavery. They are the worst kinds of exploitation. These workers are vulnerable but trade unions can fight for their rights. There are more women working for labour brokers.