** Issue 8, Vol 9: 15 March 2012
*In this issue:* - Ban Labour brokers Ban!! <#1361b0becb3fb493_one> Ban Labour brokers Ban!! On the 7th of March 2012, YCLSA came out in numbers in solidarity and support of COSATU on banning of labour brokers. While hundreds of thousands came out across all corners of this country, commercial media including SABC invited all sorts of self-proclaimed experts to propagate on how this demand was irrational and is hurting economy, the deadline in almost every newspaper was about how COSATU is flexing its muscle towards ANC elective congress in Mangaung and their childishness they were hurting economy, concerns were about how employers were to lose billions in profits. The lack of diversity of views in society in reporting was shocking, literal reading one newspaper was good as having read them all. One would have expected that in a democratic society when hundreds of thousands forfeit their day chips and fish wage and peacefully demonstrate, that should be seriously considered and acknowledged but 'NO', very few elite commentators whom do not know harshness of a day under a labour broker were all media, being experts on what is good for workers. This further confirmed that until the working class find its medium to propagate its views, no commercial media with the current ownership is to report contrary to aspiration of bosses, whom are having interest on retaining the current economic structure. Be that as it may, YCLSA came out in numbers in support of banning labour brokers not per se because it was only pledging support to COSATU its reliable ally or grandstanding for purpose of pleasing an old class friend but for primary reason that as advanced detachment of youth we were ensuring our future. We were clear in our minds and resolute in our actions that we dare bleak for a second and allow workers to be enslaved today, our future as a class of better life for all will be sealed and dusted. Therefore in ensuring our future we must roll back and curtail capitalist greed today. We said borrowing from words of Stock Hammer "*Of course, companies have always sought to maximize profit. What is new is the drive for profit through the elimination of productive capacity and employment*". We said the lust for employers to generate super profits remains uncontrollable albeit the current crisis capitalism has led itself into, workers always are soft targets of being super exploited while earning next to nothing. YCLSA stood with and beside workers, in defence of toiling millions of working class youth and not inauthentic and unproductive millionaires of petty bourgeoisie, we were ensuring our future than being pre - occupied with next tender, we stood with and beside workers day and night, we identify with workers struggles because they are too YCLSA struggles than being profound revolutionaries by day and business men and women rubbing shoulders and sipping expensive whiskey's with capital who either own or utilises labour brokers by night. The hundreds of thousands whom took to streets were loud, visible and clear in that not a single factory or farm has ever been created by a labour broker. The placards were correct in that brokers do not create work but are intermediaries for employers to allocate workers to already existing work, whom people can be employed even without their service. We know that employers prefer this arrangement of labour brokers because a worker in real terms remains employed not by employer whom has control over a worker in workplace but the worker is contracted with the labour broker. Product of this form of work is that a worker has no right against the person whom exercise control over him or her. If the worker was to be dismissed and gets an reinstatement award from CCMA the implications is that he or she cannot go back to work but must be included in the database of the Labour Broker for future prospects. This modern slavery also undermine a principle of equal pay for equal work, as employers prefer labour broker because they enter into deals with labour brokers, if the worker was to be paid R10 the employer first take R2 and the labour broker takes R 4, meaning the worker employed via a labour broker doing the same work as other workers who are paid R 10, he or she gets paid R4, with his or her R6 stolen by labour broker and the employer. If this is not a modern slavery then we must be told what it is. Labour Broker also promotes fire and hire willy nilly and that is also why employers prefer labour brokers because workers employed by a labour broker have no job security. We know of instances and public hearing further distilled this point wherein workers are just told not to return to work tomorrow without any due process followed and workers have no remedy whatsoever against this back door return of hire and fire and will. Workers employed by labour brokers have neither benefits nor rights against the employer. Expected of them is to avail themselves for exploitation before the employer, whom together with the labour broker first steal from this employee salary and thereafter give him or her crams. At a point where the employer does no longer need the services of employer he or she is thrown out with no benefit whatsoever. If this is not treating workers with disdain as employers private property whom the employer can use till it reaches it sell by date then thrown it in dust bin for a new commodity to exploit then let us be told what is worse. Capital convenient forget to inform society that of its desire to substitute and employ more workers through labour brokers as the replacement of normal jobs or other equally insecure forms of atypical employment effectively displaces and destroys decent jobs; substitutes insecure contractual relations and downgrades wages and employment terms. Equally majority of employees hired through labour brokers are denied their right to organise and collective bargain as every time they make such initiatives they stand a chance of not returning to work in the next day. This goes further to undermine a basic right of employees to protest as their employer is not even in workplace and once workers threaten to protest, a labour broker is advised to change the workforce. Labour broker agencies are also often called upon to provide "scab labour" as substitute workers for those on strike, with aim of undermining the rights to embark on industrial action, undermining collective bargaining rights. Sad instances are even where the employee does not even know his or her designated place of work, taken form one plant to another without consultation or notice, making union organising in the sector to be in disarray. In the final analysis employers know that labour brokers do not create work but employers them because they facilitate an environment where employers evade little due to workers, they can fire and hire willy nilly, pay workers nothing, de - unionise workers, undermine collective bargain, avoid benefits due to workers, deny workers any right, have at workplace exploiter but not an employer you can protest against, for workers to work under hazardous and life threatening conditions if they dare contest employer knows the reserve army of unemployed is growing so they would find another in the next hour. *Why labour brokers must be banned * People of South Africa during parliamentary public hearings came in their numbers and unmediated they did not mince their words in that they want labour brokers banned. In a democratic society that process must be accorded its respect and people's wishes be respected. While capital is clinging by its teeth on narrow interpretation of Section 198 (1) of Labour Relations Act which reads: *"Any person who, for reward procures or provide to a client other persons who - * 1. *who render services to, or perform work for, the client; and* 2. *Who are remunerated by the temporary employment service".* The context we approach this section is founded on Constitution of the Republic. In that with the invent of democracy, South Africa constitution of South Africa10, section 23 sets out various rights, including amongst others the rights to fair labour practices, workers' rights to join and form trade unions, participate in strikes, and the right to engage in collective bargaining. We submit that if South African Constitution was to be interpreted progressively as it should then this form of worst unfair labour practice, inherently hostile for workers to join or form trade unions, undermines collective bargain and right to strike should not allowed. But owing to conservative interpretation of our constitution for interest of big capital we are hauled at in that our call to ban labour brokers is the one that is unconstitutional, we shall never succumb nor subscribe to this liberal interpretation of our constitution. Therefore as YCLSA we are convinced that legislative framework allows for banning of labour brokers. Labour broking amounts to refusal of the true employer to comply with obligations resulting in workers unable to enforce their rights against any party that may be deemed to be the employer. Super exploitation and gross abuse are inherent in labour broking otherwise labour brokers would no longer be categories as employers, equal pay for equal work would be observed, decent work would respected, all workers would have equal benefits and rights, collective bargaining and right to organise would be respected, right to picket and strike would be protected then you are left with something else and not labour brokers. It is therefore impractical to regulate labour brokers if exploitative elements are resolved. If we are serious about fair labour practise as enshrined in the constitution, serious about decent work as carried in ANC led alliance Manifesto, convinced on equal pay for equal work then labour brokers have no place in our democratic South Africa. -- You are subscribed. This footer can help you. Please POST your comments to [email protected] or reply to this message. You can visit the group WEB SITE at http://groups.google.com/group/yclsa-eom-forum for different delivery options, pages, files and membership. To UNSUBSCRIBE, please email [email protected] . You don't have to put anything in the "Subject:" field. You don't have to put anything in the message part. All you have to do is to send an e-mail to this address (repeat): [email protected] .
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