Freedom of Association, Collective Bargaining and the Struggle for a

Minimum Wage

FOR ILO WORKSHOP: AGRICULTURE SECTOR13-17 August 2013

saliem patellabour research service

saliem@lrs.org.za

LRS MEMBER UNIONSMember Unions

Name Acronym Membership

Chemical, Energy, Paper, Printing, Wood and Allied Workers Union CEPPWAWU 80 000

Democratic Nursing Organisation of South Africa DENOSA 74 883Food and Allied Workers Union FAWU 127 000

Health and Other Service Personnel Trade Union of South Africa HOSPERSA 65 308

Independent Municipal and Allied Trade Union IMATU 67 684Metal Electrical Workers Union of South Africa MEWUSA 17 180National Education, Health and Allied workers Union NEHAWU 265 440National Union of Mineworkers NUM 310 382National Union of Metalworkers of South Africa NUMSA 273 996

South African Commercial Catering and Allied Workers Union SACCAWU 150 000

South African Domestic Service and Allied Workers Union SADSAWU 6 200

South African Democratic Teachers Union SADTU 252 907South African Municipal Workers Union SAMWU 160 000South African Transport and Allied workers Union SATAWU 165 859Transport Omnibus Workers Union TOWU 3 000Totals 15 Unions 2 023 678

Overview

The Right to Freedom of Association, Organise and Collective Bargaining Is there a problem of low wages?The argument for a minimum wageBut are we ready?Strategy and Tactics

GDP: All Components

Agriculture

Employment

Fundamental Conventions Adopted by SA• C029 - Forced Labour Convention, 1930 (No. 29) 05 Mar 1997. • C087 - Freedom of Association and Protection of the Right to

Organise Convention, 1948 (No. 87) 19 Feb 1996 • C098 - Right to Organise and Collective Bargaining Convention, 1949

(No. 98) 19 Feb 1996 • C100 - Equal Remuneration Convention, 1951 (No. 100) 30 Mar

2000 • C105 - Abolition of Forced Labour Convention, 1957 (No. 105)

05 Mar 1997• C111 - Discrimination (Employment and Occupation) Convention,

1958 (No. 111) 05 Mar 1997 • C138 - Minimum Age Convention, 1973 (No. 138)Minimum age

specified: 15 years 30 Mar 2000• C182 - Worst Forms of Child Labour Convention, 1999 (No. 182) 07

Jun 2000

Minimum Wage: Selected Industries (2012)

Distribution of Minimum Wages in 2012 Agreements

Poverty wages: 40% of workers and their families live on $2.50 a day

R 3 000X months 12

R 36 000divide by household average 4

R 9 000divide by number of days 365

amount per person per day R 24.66

Sectoral Determinations

MEDIAN MINIMUM WAGES BY BARGAINING LEVEL, 2012 (RANDS PER MONTH)

Sectoral Determination 13Farm Worker Sector

( Rand ) ( Rand ) % % % ( Rand) Real (Rand)Year/s Wage Increase Increase Inflation Real Increase Real Wage Increase/Decrease

2006-2007 994 5.42007-2008 1 041 47 4.7 9.7 -5.0 945 -492008-2009 1 090 49 4.7 8.0 -3.3 1 007 -342009-2010 1 232 142 13.0 5.4 7.6 1 173 832010-2011 1 317 85 6.9 3.6 3.3 1 273 412011-2012 1 376 59 4.5 5.5 -1.0 1 303 -142012-2013 1 504 128 9.3 5.7 3.6 1 426 50

infl. est. 2013-2014 2 275 771 51.3 5.7 45.6 2 190 686

infl. est. 2006 - 2014 1 281 128.9 40.0 88.9 1 877 883

The Arguments• Low wages contributes to poverty• Low wages leads to ill-health, high turn over of labour,

absenteeism – low productivity is a consequence of low pay rather than its cause.

• Low wages is a disincentive for companies to invest in tech and R&D to increase productivity.

• Low wages presents unfair competition to “good” employers and prevents them from long term planning as the “bad” employer is subsidised by paying low wages.

A national minimum wage can alleviate poverty but has its limitations. Broader policies are required – Social Protection, National Development Plan – but wages and conditions which should be an integral part of this – is excluded.

ARE WE READY?• Performance in sectoral determinations & CB• Performance in social dialogue• Performance in organising - decline in union density

• No effective strategies to build solidarity and unity.• No campaign/process to determine the minimum and no

agreement on the minimum

• Perhaps accusations that unions are aloof, out of touch, serving other interests is really guiding union strategies.

• Perhaps not – we just don’t know what to do – but then we better start trying!!

Strategy and TacticsNew methods to do the following:

Attention to needs on the ground,

Activism to mobilise mass campaigns

Accountability to constituency• Draw from our history• Draw from what other organisations are doing• Draw from international experience• Education, Education…..Theory and Practice

Group DiscussionWHAT HAPPENED IN THE WESTERN CAPE AGRICULTURAL AREA

DESCRIBE AND EXPLAIN

1. WHAT ACTIVITES OCCURRED?2. HOW INTENSIVE AND EXTENSIVE WERE THE ACTIVIITES?3. WHO PARTICIPATED, HOW DID DIFFERENT GROUPS/PEOPLE PARTICIPATE?4. WHO SUPPORTED; WHAT KIND OF SUPPORT?5. WHO DID NOT SUPPORT; WHY DID THEY NOT SUPPORT?6. WHO WAS AGAINST; WHAT DID THEY DO AGAINST IT?

WHY DID IT HAPPEN: EXPLAING THE MAIN CONTRIBUTING FACTORS

PROVIDE EVIDENCE

1. EXTERNAL /INTERNAL FACTORS?2. CHANGES IN PEOPLE’S SOCIAL, ECONOMIC, POLICAL CONDITIONS?3. CHANGES IN PEOPLES’ AWARENESS?4. CHANGES IN PEOPLES’ RELATIONSHIPS WITH EACH OTHER OR BETWEEN

GROUPS OF PEOPLE?

WHAT ARE THE LESSONS FOR UNIONS/MY UNION/MYSELF

REASON/S 1. WHAT IMPACT DID THE ACTIONS HAVE ON UNIONS/MY UNION/MYSELF2. WHAT IMPACT DID IT HAVE ON RELATIONSHIPS AND WHY THIS IS

SIGNIFICANT?3. IS THIS IMPACT SUSTAINABLE?