"The department of labour must hang its head in shame for
its non-protection of farmworkers," said Fawu parliamentary representative
Gafieldien Benjamin.
He was speaking in Cape Town
at the second round of public briefings on amendments to the Labour Relations
Act and the Basic Conditions of Employment Act.
The Wine Industry Ethical Trade Association (Wieta) had asked if
seasonal farm workers who worked at the same place every year would be
considered permanent and safe from dismissal under the amendments.
Chief director of collective bargaining Thembinkosi Mkalipi's
reply was that the inclusion of protection for temporary employees excluded
those who worked seasonally, were on probation or were hired for a specific
fixed-term project.
"We cannot force farm owners to employ people for 12 months
if, by nature, they are only needed for three months," he said.
"[These amendments] are not applicable to seasonal
workers... That is the nature of the business."
The amendments stated that temporary work would be defined as
work that lasted no more than six months.
After six months, the worker had to be treated as permanent
regardless of whether they were employed by a labour broker or by the company
itself.
Wieta board chairman Mzukisi Mooi said after the briefing that
the amendments would further marginalise farmworkers.
"This will further entrench the kind of situations where
they don't have job security and in most cases, terms of remuneration and
benefits," he said.
"There is more and more of a move towards casualisation of
workers in the agriculture sector... they have become invisible workers."
Mooi said farm workers earned on average between R1 000 and
R1 200 a month.
Most were employed for about six months a year, to help with
pruning and harvesting of crops.
"Many are today worse off than they were before," Mooi
said.
A visit to 21 Western Cape
farms by Parliament's labour portfolio committee at the start of the year
revealed that very few complied with labour regulations.