The Department of Labour says employees at three Western Cape farms found not to be complying with several aspects of the legislation have indicated they were satisfied with their living and working conditions.
The department had served the farms, Constitution Road Winegrowers, Swiegers Broers (Pty) Ltd (t/a La Colline Farm) and Leeuwenkuil Farm Vineyards (W&E Boerdery, situated in Robertson and Paarl respectively), with notices of non-compliance with Basic Conditions of Employment Act, Employment Equity Act, Unemployment Insurance Act (UIA), Compensation for Occupational Injuries and Diseases Act (Coida) and the Occupational Health and Safety Act (OHSA) last year.
Advocacy was conducted for the benefits of the employees in relation to the legislation.
The department had taken action after its inspection and enforcement services (IES) conducted inspections to ascertain levels of compliance with labour laws in November.
Labour Department spokesperson Teboho Thejane said follow-up inspections were scheduled and conducted on the relevant farms by the inspectorate.
They found that the farmers were compliant with the OHSA and all farms were found to be compliant with the BCEA. Thejane said some inspections were warranted by several complaints the department had received.
“Some of the complaints need to be tested before notices are handed. In some cases we conducted these inspections as part of our routine. He said their engagements with unions representing farmworkers were yielding results in making sure there was compliance by employers.
“Employees indicated they were happy with their living and working conditions. The employees acknowledge that they were treated very well by the employer and had a very good working relationship.
“The farm employees indicated they were aware of the existence and functions of the Department of Labour; CCMA and Department of Land Affairs insofar as it affected them,” he said.
Activist and Rural Agricultural and Allied Workers Union chief negotiator Nosey Pieterse said there was still huge levels of non-compliance by employers in the Western Cape.
“They do not comply with simple stuff like what we call piecework. The law says that farm workers should get a minimum for the amount of work they do. That is not happening.
“Recently Schalk Burger (sr) has made headlines for not paying his workers.
‘‘There is still an issue of annual leave where workers are forced to sign warnings despite bringing a medical letter for being absent from work,” he said.
Pieterse said the department was battling to enforce some of the laws that protected workers as some farm employees still did not have services such as water and electricity.