Employers off script – As long as no one knows!

Labour legislation did not change! Amidst numerous Regulations and Directions from inter alia the Minister of Labour in terms of Regulation 4(10) issued by the Minister of Cooperative Governance and Traditional Affairs in terms of section 27 (2) of the Disaster Management Act, 2002 (Act no 57 of 2002), we find ourselves at the mercy of employers who do not adhere to these Directions.

Lockdown Level 3

Sunday evening, 12 July 2020, it was confirmed that South Africa will remain in Lockdown Level 3. Some of the general measures employers are tasked to ensure, is as per clause 5 of the Direction: “(5) All employers must adopt measures to promote physical distancing of employees, including- (a) enabling employees to work from home or minimising the need for employees to be physically present at the workplace: (b) the provision for adequate space; (c) restrictions on face to face meetings: (d) special measures for employees with known or disclosed health issues or comorbidities, with any condition which or may place such employees at a higher risk of complications or death if they are infected with COVID-19; (e) special measures for employees above the age of 60 who are at a higher risk of complications or death if they are infected with COVID-19”.

Compliance or a Smoke Screen

As far back as I can remember, we are faced with the same challenges when it comes to legislation and directives. The challenge does not stop once a specific protection is codified in legislation, it goes beyond that! Compliance and enforcement seems to be a challenge on its own.

Many employers implemented the Direction and appoint specific senior employees to oversee compliance. Policies were written; rosters were drafted; directives handed to employees; safety regulations drafted and employees had to sign attendance registers, answer certain health questions and temperatures were jotted down.  All seems to be above board, or is it?

During Level 4 for instance, MISA was made aware of employees who, as per their roster, had to work every third day. They did however work every day and signed the register every third day. Subjectivity entered the playfield and employees were summarily refused traveling permits and as a result could not return to work and employees were either summarily taken off the roster or never allocated any shifts!

Blind Justice or Not?

In a recent criminal trial, the Chen Lu Fragrance Company, had to answer for their non-compliance and indifference to the Covid-19 pandemic regulations. One of the issues they had to answer to was their conduct in locking in 14 employees in their Durban factory, to guarantee that they met their target of producing surgical masks. Not only did they place the employees under duress, whereby they feared losing their jobs if they did not comply, they were also in breach of the labour law and failed to trade under lockdown with a licence.

The company was fined R70 000 and was ordered by the Chinese Consulate to donate masks worth R200,000 to the South African Police Service and the office of the KwaZulu-Natal Premier.

“The Minister of Employment and Labour, Thulas Nxesi, welcomed the court’s heavy fine against the company, noting that during this time of Covid-19, it is important for the workers to stand up for their rights and report abuse, as workers in Chen Lu Fragrances CC did.” (Own Emphasis)

Speak up!

As MISA member, you have a duty to stand up for yourself, do not let fear paralyze you and make you feel helpless. Together we can make a difference!

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