Freedom of Association, Collective Bargaining and the Struggle for a Minimum Wage FOR ILO WORKSHOP: AGRICULTURE SECTOR 13-17 August 2013 saliem patel labour research service saliem@lrs.org.za LRS MEMBER UNIONS Member Unions Name Acronym Membership Chemical, Energy, Paper, Printing, Wood and Allied Workers Union CEPPWAWU Democratic Nursing Organisation of South Africa Food and Allied Workers Union DENOSA FAWU Health and Other Service Personnel Trade Union of South Africa HOSPERSA 65 308 Independent Municipal and Allied Trade Union Metal Electrical Workers Union of South Africa National Education, Health and Allied workers Union National Union of Mineworkers National Union of Metalworkers of South Africa IMATU MEWUSA NEHAWU NUM NUMSA 67 684 17 180 265 440 310 382 273 996 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 South African Municipal Workers Union South African Transport and Allied workers Union Transport Omnibus Workers Union Totals SADTU SAMWU SATAWU TOWU 15 Unions 252 907 160 000 165 859 3 000 2 023 678 80 000 74 883 127 000 Overview The Right to Freedom of Association, Organise and Collective Bargaining Is there a problem of low wages? The argument for a minimum wage But 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 X months divide by household average divide by number of days amount per person per day R 3 000 12 R 36 000 4 R 9 000 365 R 24.66 Sectoral Determinations MEDIAN MINIMUM WAGES BY BARGAINING LEVEL, 2012 (RANDS PER MONTH) Sectoral Determination 13 Farm Worker Sector Year/s 2006-2007 2007-2008 2008-2009 2009-2010 2010-2011 2011-2012 2012-2013 infl. est. 2013-2014 infl. est. 2006 - 2014 ( Rand ) Wage 994 1 041 1 090 1 232 1 317 1 376 1 504 2 275 ( Rand ) Increase % Increase % Inflation 47 49 142 85 59 128 771 4.7 4.7 13.0 6.9 4.5 9.3 51.3 5.4 9.7 8.0 5.4 3.6 5.5 5.7 5.7 1 281 128.9 40.0 % Real Increase ( Rand) Real (Rand) Real Wage Increase/Decrease -5.0 -3.3 7.6 3.3 -1.0 3.6 45.6 945 1 007 1 173 1 273 1 303 1 426 2 190 -49 -34 83 41 -14 50 686 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 Tactics New 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 Discussion WHAT HAPPENED IN THE WESTERN CAPE AGRICULTURAL AREA DESCRIBE AND EXPLAIN 1. 2. 3. 4. 5. 6. WHAT ACTIVITES OCCURRED? HOW INTENSIVE AND EXTENSIVE WERE THE ACTIVIITES? WHO PARTICIPATED, HOW DID DIFFERENT GROUPS/PEOPLE PARTICIPATE? WHO SUPPORTED; WHAT KIND OF SUPPORT? WHO DID NOT SUPPORT; WHY DID THEY NOT SUPPORT? WHO WAS AGAINST; WHAT DID THEY DO AGAINST IT? WHY DID IT HAPPEN: EXPLAING THE MAIN CONTRIBUTING FACTORS PROVIDE EVIDENCE 1. 2. 3. 4. EXTERNAL /INTERNAL FACTORS? CHANGES IN PEOPLE’S SOCIAL, ECONOMIC, POLICAL CONDITIONS? CHANGES IN PEOPLES’ AWARENESS? CHANGES IN PEOPLES’ RELATIONSHIPS WITH EACH OTHER OR BETWEEN GROUPS OF PEOPLE? WHAT ARE THE LESSONS FOR UNIONS/MY UNION/MYSELF REASON/S 1. 2. WHAT IMPACT DID THE ACTIONS HAVE ON UNIONS/MY UNION/MYSELF WHAT IMPACT DID IT HAVE ON RELATIONSHIPS AND WHY THIS IS SIGNIFICANT? IS THIS IMPACT SUSTAINABLE? 3.