Cde Mpho 

 

I understand very well what you are raising my leader, please then,
don't stop here go to this public places that the department of labour
is conducting debating forum on this issue of evil labour broker and
raise your views, comrades we must fight this until the last drop of our
blood, our history is written in blood no can erased it, 

 

Comrades we are the future no even a bullet can stop us,  

 

 

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 Mpho Lebese
Sent: 07 October 2009 03:58 PM
To: [email protected]
Subject: [YCLSA Discussion] Re: Labour brokers...... Trading our People
away

 

I couldn't have said any better than you did Cde Cedric. I am working
for the National Bargaining Council Road Freight Industry on the
Benefits department and are perceived as the custodians of the Labour
Relations Act, I don't know if it's a good idea to really comment on
this because this will pass through the Council's server. 

 

I and some of my colleagues have raised our concerns about the Labour
Brokers, we sugested that they should somehow be regulated because we
are generally not happy with the way they are functioning, is a total
and clear robbery to the workers. Let me say that I was so much excited
when I learn that the Trade Unions are calling for the abolishing of the
Labour Brokers. I am behind them all the way. Sometimes is so difficult
for a small voice to be heared, especially as someone from inside.

 

You see, the Road Freight Industry is one of the NBC's that carries a
lot of Labour Brokers because most of it's clients are from the
transport, manufacturing and the mining sector (which are seen as one of
the largerst sectors) and if the stike from the side of our sector is
waged massively by the Unions and the conscious vanguards from inside,
it will be a step ahead for the abolishment of this evil Labour Brokers.
The bosses from these sectors opt for labour brokers because mostly
don't comply or don't want to comply with the LRA and enjoys
superexploiting the working class. Let me not contribute further as this
might create a problem. I will contribute more on the issue using the
net from outside. You know Cdes that these people have access to even
out private mails especially when using the NBC server.  

 

But Cde, you shouldn't be shocked if there are some comrades who doesn't
know nor understand how Labour Brokers works, as long as they support
the struggle against labour brokers, it's ok, they will learn in the
process. 

 

Yours comradely

 

Lebese

On Wed, Oct 7, 2009 at 2:59 PM, sabelo gina <[email protected]>
wrote:

Hi Comrades,

 

I am not a regular contributor, but a regular reader and follower of the
forum. I have just arrived back from a demostration against labour
brokers and I am shocked that there is a comrade who still do not
understand why labour brokers must be banned.

 

However, I want to congratulate the comrade for bravery and I encourage
him to continue to be brave.

 

I am not going to declare whether I am a communist or not lest I am
asked how many volumes of Marx's Capital I have read but I want to
humbly ask the comrade to use the marxist/leninist tools of analysis to
analyse the issue of labour broking and no emotions.

 

I am in Numsa, I have tested the brutality of labour broker "employers"
on many occassion. Firstly, all workers-- communists and non-communists
will have to retire one day and they will need pension to take care of
themselves when they finish their term on Earth. I know that labour
brokers do not have pension or provident fund. I think even the nurses
that are brought by the agency are getting less benefit than permanent
nurses and I doubt if they have pension.

 

There are no health benefits for people. We witnessed the worse form of
hyprocrisy when Mr Botha from CAPES said that healthcare as envisaged by
NHI will ensure that all people are accessing the health benefits, since
when is NHI supported by business. They are engaging in a serious
campain to fight back against NHI and yet when it suits them they want
to say that NHI will cover the gap of the benefit that they deprive the
workers?

 

The threat by employers is that the employees cannot be guaranteed
employment is neither here nor there. For those of us who has
experienced workplace restructuring will attest that outsourcing does
not lead to reduction of the numberv of people who pass the
turnstiles/gate in any given company. This proves that those jobs
continue to happen albeit with a similar workers employed by this labour
brokers and with far reduced conditions of employment.

 

Many black families asked their children to do policing, nursing,
teaching etc, which were all government jobs and those were considered
the most secured jobs, but not anymore, you even get nurses supplied by
labour brokers in some hospitals. Whilst understanding the meagre
benefits that many government employees still get, but they cannot be
compared to those nurses supplied by labour brokers.

 

Last but not least, SADNU is a COSATU affiliate and communists are known
as firm believers in democratic centralism. The 10th National Congress
of Cosatu has pronounced on the labour brokers and for us is to
implement the decisions of the higher struggle.

 

Once again I applaud the bravery of the comrade to raise his view or
concern but no conditions must be put on participating in the campaign. 

 

Comradely,

 

Cedric Gina

 



 

On Wed, Oct 7, 2009 at 1:21 PM, Tsidiso Mmusi <[email protected]>
wrote:



Kindly receive herewith the attached. Samuel SomcubaRegards,

> 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]
>
>
>
>
>
>
> Please Note: This email and its contents are subject to our email
legal
> notice which can be viewed at
http://www.sars.gov.za/Email_Disclaimer.pdf
>
> >
>

Dear Cde.s

I am a communist and a member of COSATU by virtue of belonging to a
COSATU-affiliated trade union, but am quite perturbed by these
developments. Up to so far no one has ever managed to convince me as to
how is labour brokering tantamount to "slavery" and/or "human
trafficking". Surely we cannot compare people to vegetables and meat,
that
is just not practical! What is practical is the harsh reality that the
unemployment rate is appalling. just a few months ago the Premier of
Free
State froze all posts in all departments pending the forensic audits.
This
was despite the heart-stopping shortage of human resource especially in
the Health Department. Up to so far, I have never heard of any strategy
to
absorb all those people working for recruitment agencies into permanent
employment.

What happened to the notion of " the wealth of the country shall be
shared
by those who live in it"? If the client has a job, but cannot administer
permanent employees for himself, is it wrong for him to pay someone else
(the agency) to do this? Yes I understand that this might be some form
of
strategy by some clients to run away from their obligations as employers
towards permanent employees, but are we saying "let those who dont have
permanent jobs starve to death while waiting for the likes of Free State
premier to release and fund posts"?

I say let's cover all these loopholes, then you will hear my voice ontop
of anybody else's shouting "AWAY WITH LABOUR BROKERING"

Let's talk Maqabane!

--
T Mmusi (He)
SADNU-NSF Chairperson
tel: +2751 448 7551
fax: +2751 4486365
cell: 073 114 5448




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