Comrades that is so true, but maybe we should mobilise comrades from
every sphere to go and debate this on the right platform as well, like
currently the department of Labour is conducting public hearings, like
Tomorrow in Germiston Civic Centre @17h00 comrades from Ekurhuleni
Region should gather in numbers to debate this capitalist agenda of
labour brokers, 

 

AMANDLA..!!!

 

 

Samuel Somcuba

 

'the only things that stand between a person and what they want in life
are the will to try it, and faith to believe its possible"

 

________________________________

From: [email protected]
[mailto:[email protected]] On Behalf Of Gugu Ndima
Sent: 06 October 2009 02:45 PM
To: [email protected]
Subject: [YCLSA Discussion] Labour brokers...... Trading our People away

 




 Labour brokers...... Trading our People away

The decision of the Minister of labour to opt to regulate the Labour
broking industry as opposed to the complete ban has been received with
mixed reaction from Unions, political organisations and society as a
whole. It's been proven on a preponderance of probabilities that the
usage of labour brokers has been detrimental to the working class; the
only beneficiaries of such a practise has been the labour brokers
themselves as well as the companies that choose to utilise this
mechanism for employment.  The Minister of labour was quoted in a
statement issued by the Department of labour on the 5th of August 2009
saying "labour broking is a form of human trafficking (not necessarily
in itself an act of human trafficking)" saying the practice was selling
the labour of workers to the highest bidder. He continued to say that
"It is an extreme form of free market capitalism which reduces workers
to commodities that can be traded for profit as if they were meat or
vegetables". Clearly this is an indication that the Minister has
justifiable grounds to declare the practise illegal and exploitative in
its very nature.

We should deviate from being narrow-minded about the implications of the
usage of labour brokers; the impact is not only within the context of
Labour, their impacts further manifest themselves within the socio
-economic framework of most workers. Firstly labour broking has
intensified exploitation by companies because the full wage that the
worker is entitled to is reduced as a result of this intermediary
broker. Secondly, it minimises the workers ability to be economically
active due to certain restrictions that are the default consequences of
being under the administration of a labour broker. Financial
institutions for example have certain requirements in place, which in
turn become obstacles for those that are not permanently employed by
companies e.g. one cannot apply for any long-term debt with a financial
institution regardless of how long they have been employed. It also
promotes perpetual casualisation of employees and that simply means that
permanency is not necessarily based on merit but it is at the discretion
of the employer when they see it fit; that on its own is an infringement
of one's' rights as you might end up spending years being considered a
casual employee and eventually finding yourself unemployed without being
given prior notice as rights enjoyed by those who are permanent are not
necessarily available to those that are under labour brokers. 

Monopolising the labour market

There seems to be a high trend of collusion in South Africa and the
labour brokerage industry has not been vindicated from the unscrupulous
practise. The tendency observed amongst employers and labour brokers is
that most posts that have been advertised on media always have a
reference made to a labour broker firm or recruitment agency; should one
attempt contacting the organisation directly, you are referred to the
labour broker direct. This now means that the working class will be
subjected to the mercy of labour brokers in order to be seen as
competent. The tests utilised by labour brokers in some instances, to
assess merit and skills competencies are disadvantageous to those with
no access to technology. The fact that some people need to register
their Resumes online already ostracises the poor and the working class
in our society. The fact that you need to first via the route of being
interviewed by the labour broker prior to the employer is an unnecessary
barrier for those that have limited resources to move around
logistically.     

Labour brokers: pro-employer and anti-trade unionism.

 Labour brokers are anti-union because they constantly move workers
around from one place to another often with no access to union
officials; with no possibility of stop order deduction for union
subscriptions. The usage of labour brokerage has frustrated the process
of organising employees to form unions within sectors that are labour
broker oriented. This has resulted in unfair dismissals and workers
accepting conditions of employment that are unbearable as a result of
fear instilled by those that hold the power to "hire and fire" without
consultation; this is another attribute to why the private sector is
advocating the retaining of labour brokers. It's easier to delegate
labour dispute matters to labour brokers to deal with as opposed to the
matter being dealt with by the Human resource structures or employee
representative structures. This compromises the process of dealing with
grievances raised by the worker as there is never a proper and objective
process in order to deal with the matter at hand. It would be a complete
betrayal to the working class should the Minister agree to allow such a
perverse practise to continue. As mentioned above, this is a "modern
slave trade" practise as the ideological connotation and underlying
fundamental principle utilised today is the same as that utilised in the
past where men of colour and plebeians were seen as commodities of
trade.         

Labour brokers have profited immensely since the boom of the call-centre
industry and retail industry (lest we forget that the majority of young
people are working within call-centers). This does not promote
progression as the ceiling is very low for those in that industry.
People employed within these sectors by labour brokers have found it
exhausting and futile to take up matters with the conciliation and
mediation institutions because they are always referred back to their
labour brokers who have no interest in worker disputes. It's imperative
that this matter is addressed holistically because it seems now that the
Minister has the private sectors' interests as well as those that are
the profiteers of the practise and suppressing the casualties of this
practise in the process. This has also exposed that companies blatantly
refuse to increase wages; if they can pay labour brokers why can't they
increase wages? There is no logic in having a human resource department
whereby 60% of the work is outsourced to labour brokers and people that
administer payrolls, but yet there is an employed HR manager that still
gets a full-scale market related salary. Clearly this indicates that
there is a huge resistance by the private sector to pay workers decent
wages, they would rather enrich other capitalists just like them and
continue to frustrate workers.

The newly founded marriage of convenience between the COPE and the DA on
the issue of Labour brokers has to a certain extent exposed COPE's
morality vacuum and its non-existent interest in advancing issues of the
poor and the working class. Self regulation is already taking place
tacitly within this industry as Labour brokers do not account to
structures of government. Having a regulatory board simply monopolises
the sector even further. The "newly-weds" suggested that those that
would control the board would be key players in the sector; however the
very same key players are the ones that have been named by the
Department as unscrupulous!  These two narrow minded organisations want
to justify their simplistic argument by using The Estate Agency Affairs
board an example, which is completely obscure as a model as the board
does not with workers but simply intermediary agents. Having a board
simply assists the Labour brokers in ensuring that their interests are
well secured. This marriage of no substance needs to understand that the
issue is LABOUR BROKERS themselves; they are not job creators, they are
the agents of red tape for the prospect employee and the modem of
convenience for the employer. These organisations have affirmed that
they represent those that seek to undermine the struggle of the poor and
the working class and advance the agenda of capitalism.

The call to ban Labour brokers must be heard and championed. 

 Gugu Ndima 

076 786 1516

[email protected]






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