ECC UNSKILLED LABOUR SECTOR REPORT REPORT OF THE EMPLOYMENT CONDITIONS COMMISSION ON THE INVESTIGATION INTO THE UNSKILLED LABOUR SECTOR, SOUTH AFRICA. CHAPTER ONE ........................................................................................................................................4 1. 1.1. 1.2. INTRODUCTION.......................................................................................................................4 BACKGROUND TO THIS INVESTIGATION ..................................................................... 4 TERMS OF REFERENCE ....................................................................................................... 5 1.3. METHODOLOGY .....................................................................................................................6 1.3.1. 1.3.2. 1.3.3. 1.4. PHASE ONE – INFORMATION GATHERING ................................................................... 6 PHASE TWO – CONSULTATION WITH STAKEHOLDERS .......................................... 7 PHASE THREE – ECC PROCESS ....................................................................................... 11 STRUCTURE OF THE REPORT ..........................................................................................11 CHAPTER TWO .....................................................................................................................................12 2.1. 2.2. 2.2.1. 2.2.2. 2.2.3. 2.2.4. 2.2.5. 2.2.6. 2.2.7. 2.2.8. 2.3. DESCRIPTION OF THE TRADES........................................................................................12 Trades with protection .............................................................................................................16 Manufacture of glucose, dextrose, cornflower, starch or gelatine ......................................16 The manufacture of fertiliser, Purification, grinding or packing of salt (sodium chlorite), and Waste glass recovery .........................................................................................................16 Construction plant hire service, Demolition of buildings, Excavating, levelling and pumping sand, soil and gravel, and preparing sites for building or other purposes. .........16 Carpets and Mending of hessian, other bags .........................................................................17 Quarrying and Stonecrushing .................................................................................................17 Nightsoil removal, Sale or delivery of sand, Shipping agencies, Delivery services, including messenger services (except delivery by means of power driven vehicles.), and Bunkering ....17 Waste paper recovery ...............................................................................................................18 Maintenance of agricultural/industrial show grounds ..........................................................18 Trades without protection. .......................................................................................................18 CHAPTER THREE .................................................................................................................................19 3.1. 3.1.1. 3.1.2. 3.1.2.1. 3.1.2.2. 3.1.2.3. 3.1.2.4. 3.1.3. 3.1.3.1. 3.1.3.2. 3.1.3.3. 3.1.3.4. 3.1.4. 3.1.4.1. The feasibility of having a sectoral determination. .................... Error! Bookmark not defined. Garden Services ........................................................................................................................19 Pest Control ...............................................................................................................................20 Views of Employees ...................................................................................................................20 Views of Employers ....................................................................................................................21 Departmental Recommendations ................................................................................................21 ECC Recommendation................................................................................................................21 Tending of racehorses ...............................................................................................................21 Views of Employees ...................................................................................................................22 Views of Employers ....................................................................................................................22 Departmental Recommendations ................................................................................................22 ECC Recommendations ..............................................................................................................22 Funeral Undertaking ................................................................................................................22 Views of Employees ...................................................................................................................23 2 Unskilled Labour Sector ECC Report 3.1.4.2. 3.1.4.3. 3.1.4.4. 3.1.5. 3.1.5.1. 3.1.5.2. 3.1.5.3. 3.1.5.4. 3.1.6. 3.1.6.1. 3.1.6.2. 3.1.6.3. 3.1.6.4. Views of Employers .....................................................................................................................23 Departmental Recommendations .................................................................................................23 ECC Recommendation.................................................................................................................24 Manufacturing of bone meal ....................................................................................................24 Views of Employees ....................................................................................................................24 Views of Employers .....................................................................................................................24 Departmental Recommendation...................................................................................................24 ECC Recommendation.................................................................................................................24 Manufacturing of food for domestic animals .........................................................................24 Views of Employees ....................................................................................................................25 Views of Employers .....................................................................................................................25 Departmental Recommendations .................................................................................................25 ECC Recommendations ...............................................................................................................25 CHAPTER FOUR ....................................................................................................................................27 EVALUATION IN TERMS OF ECC CRITERIA ...............................................................................27 The alleviation of poverty........................................................................................................................27 Cost of living .............................................................................................................................................29 Other information that could be relevant to the ECC..........................................................................29 Conclusions ...............................................................................................................................................31 Tables Table 1: Schedule of Information Sharing Sessions: Dates, Venues & Attendance .................................. 8 Table 2: Organisation Visited: Province, City or Town, Trade, Name of Organisation ............................ 8 Table 3: Schedule of Public Hearings: Province, City or Town, Dates, Venue and Attendance ............. 10 Table 4: The 24 trades reviewed ............................................................................................................... 12 Table 5: A brief description of the trades and the economic sectors in which they are located ............... 12 3 Unskilled Labour Sector ECC Report CHAPTER ONE 1. INTRODUCTION In accordance with Section 54(3) and (4) of the Basic Conditions of Employment, Act 75 of 1997 (BCEA), the Employment Conditions Commission (ECC) presents you with a report on the investigation into the Unskilled Labour sector. 1.1. BACKGROUND TO THIS INVESTIGATION When the Basic Conditions of Employment Act (BCEA) of 1997 came into effect, one of the already existing wage determinations was the Unskilled Labour Wage Determination. This determination automatically became a sectoral determination, but was not subsequently amended. As a result, some of the conditions in the determination were inferior to those provided for in the BCEA. Further, with no amendments to the prescribed minimum wages, there was a serious decrease in the real value of the wages. The Employment Conditions Commission (ECC) recognised, however, that some form of protection was still necessary in the unskilled labour sector. In respect of the sector and/or trades covered by the Unskilled Labour Determination, the ECC recognized the need for an investigation to determine whether any of these sectors/trades were accommodated or covered through other means and whether any of them still required protection by means of specific sectoral determinations. As a result, a preliminary investigation was commissioned by the Department of Labour (DoL), which found that the complete cancellation of some of the wage determinations would adversely affect employees in certain sectors. The results of the preliminary investigation commissioned by the DoL found that complete cancellation of some of the unskilled labour wage determinations would adversely affect employees in these sectors: Unskilled Labour (WD 467) determination cuts across many labour-intensive sectors employing some of the most vulnerable employees. The view was expressed because this determination covers the largest number of unskilled workers, to cancel it without replacing it with a new sector determination would leave a large number of those workers without any wage protection. Funeral Undertaking (WD 470) determination is staffed mainly by managers, undertakers and a few general workers and it was felt that this determination could perhaps be merged with the unskilled sector to cover the general workers in the sector. 4 Unskilled Labour Sector ECC Report Stone-crushing Industry (WD 475) determination if cancelled would leave vulnerable unskilled workers in this sector without minimum wage protection. This determination covers a large number of unskilled workers and stakeholders would like to see the sector investigated. Cement Products Industry (WD 448) has no bargaining council or agreement applicable and inclusion with the Unskilled Labour determination could be considered to protect vulnerable workers, lest employees be left open to exploitation. As a result of these findings, the Department of Labour has commissioned a research to examine conditions of employment and wages in respect of unskilled workers in 24 trades spread among specific economic sectors 1.2. TERMS OF REFERENCE The Department published a notice in the Government Gazette No 32933 of 05 February 2010 under Government Notice No 69. The notice called upon interested parties to send written representations to the Department within 90 days of publication of the notice. The terms of reference for the investigation into the Unskilled Labour sector were set out as follows: (a) (b) To investigate the following cancelled wage determinations: (i) Wage Determination 488: Cement Products Industry (ii) Wage Determination 467: Unskilled Labour Industry (iii) Wage Determination 475: Stone Crushing Industry; To establish the feasibility of grouping them together in a single determination for the Unskilled Labour; (c) To determine how best to group all classes of employees in the under-mentioned sectors in the Republic of South Africa: 1. Brewing or bottling of beer and/ or mineral water. 2. Bunkering 3. Cement products. 4. Construction plant hire services. 5. Delivery services, including messenger services. 6. Demolition of buildings. 7. Excavating, levelling or pumping of sand soil or gravel. 8. Garden services. 9. Maintenance of agricultural or industrial show grounds. 5 Unskilled Labour Sector ECC Report (d) 10. Manufacturing of bone meal. 11. Manufacturing of carpets. 12. Manufacturing of food for domestic animals. 13. Manufacturing of fertilizer. 14. Manufacture of glucose, dextrose cornflower, starch or gelatin. 15. Manufacture or mending of Hessian, jute or other bags. 16. Manufacture of tanning extract 17. Pest control services 18. Preparing sites for building or other purposes. 29. Purification, grinding or packing of salt. 20. Quarrying including stone crushing 21. Shipping agencies 22. Tending of racehorses 23. Water paper recovery 24. Funeral undertaking To make recommendations regarding wages and working conditions in the Republic of South Africa pertaining to this sector. 1.3. METHODOLOGY A four-phased project framework was developed for this investigation, as follows: 1.3.1. PHASE ONE – INFORMATION GATHERING The purpose of the first phase was to address the administrative aspects of the investigation and identify areas of focus. The administrative aspects dealt with in this phase included, in particular, the publication of a notice in the government gazette as required by section 52(3) of the BCEA, the processes to ensure that the appropriate legislation was complied with in respect of the investigation of the unskilled labour sector, As an addition the Department commissioned a preliminary study into the unskilled labour sector to report on the gap that has been left by the cancellation of Wage Determination 467, Unskilled Labour, published under Government Notice R.259 of 30 March 2007. The study found that Wage Determination 467 was applicable to unskilled workers in 39 trades and was made to specifically address the question of wages for the most vulnerable workers, i.e. those employed as unskilled workers 6 Unskilled Labour Sector ECC Report in the lowest category of employment such as general workers not covered or subject to any other wage determination or bargaining council agreement. The cancellation of 18 wage determinations from 1 June 2007, left thousands of employees without the protection of a minimum wage. These exclude workers that are covered by a BC. The preliminary study recommended that by providing a minimum wage for the unskilled labour sector would address vulnerability in respect of the unskilled labour sector. As a result of the findings of the preliminary study the department commissioned research. The research had to address the criterion set out in the BCEA and in addition provides the following information. 1. Labour market information on: (i) Labour force composition (ii) Conditions of employment (iii) Wages 2. Other measures currently regulating wages and conditions in these sectors’ During the first phase of the research process, the researchers developed a literature review (secondary research) which included: Desktop analysis – economic profile and structure Analysis of data Analysis of both cancelled sectoral determination and the existing sectoral determinations, and collective bargaining agreements Review of other sources with relevant information The second phase of the research process was the primary research which included: Stakeholder interviews Sample survey (900 employers and 1087 employees) 1.3.2. PHASE TWO – CONSULTATION WITH STAKEHOLDERS After the completion of the research process, the Department conducted information sharing sessions in order to disseminate the research report and findings. In ensuring extensive consultations, all nine provinces were visited during the information sharing sessions. Stakeholders in the sector, i.e. employers 7 Unskilled Labour Sector ECC Report (including employer’s organisations) and employees (including labour unions) were invited to be part of these sessions. Information sharing sessions were conducted nationally in all provinces. The table below shows the information sharing sessions together with sites visits schedule and attendance figures: Table 1: Schedule of Information Sharing Sessions: Dates, Venues & Attendance Province City or Town Date and Time Eastern Cape Port Elizabeth 2010/08/16 10:00 Gauteng Pretoria 2010/08/16 10:00 Limpopo Polokwane Mpumalanga Nelspruit Number of Employees Number of Employers Labour Centre Boardroom 0 2 Laboria House Room 101 Boardroom 2 2 2010/09/09 10:00 Site Visit 30 4 2010/09/10 10:00 Provincial Boardroom 2 1 2010/09/15 10:00 Labour Centre Boardroom 0 0 2010/09/16 10:00 Site Visit 4 2 2010/09/07 10:00 Site Visit 21 6 2010/09/08 10:00 Rustenburg Old Town Hall 18 6 2010/09/16 10:00 Site Visit 22 11 2010/09/17 10:00 Provincial Boardroom 6 12 2010/09/20 10:00 Provincial Boardroom 0 0 2010/09/21 10:00 Site Visit 7 0 2010/10/05 10:00 Sites Visit 15 8 2010/10/06 10:00 Free State Provincial Office Boardroom 10 3 99 31 Total Information Sessions 38 26 Total 137 57 North West Rustenburg Northern Cape Kimberley Western Cape Cape Town Free State Bloemfontein Venue Total (Sites Visit) Subsequent to both information sharing sessions and public hearings, site visits were arranged which was another effort to interact with employees and employers in their workplaces and issuing them with questionnaires to complete. The questionnaire required information regarding the current status conditions of employment and wages paid in the sector. In compiling this report, inputs received through the questionnaires were incorporated. The following table reflects the organisations visited during the site visits. Table 2: Organisation Visited: Province, City or Town, Trade, Name of Organisation Province City or Town Trade Name of Organisation Eastern Cape Port Elizabeth Courier Courier it Talisman Plant & Tool hire Gauteng Johannesburg Tending of Racehorses Limpopo Polokwane Cement Brick & Pave City Cement Concrete Image Funeral Undertaking Northern funerals 8 Unskilled Labour Sector ECC Report Mpumalanga Witbank Quarry and Stone Crushing Rockcotta Crete Cement and Stone Crushing Kwano Bricks Waste Paper Recovery Anti waste Cement and Stone Cra Lafarge Cement Funeral Undertaking AVBOB Funeral Undertaking Doves funeral co Funeral Undertaking Northern funerals Funeral Undertaking Bopape funerals Cement and Stone Cra Red Rock Tombstone Funeral Undertaking Capricorn funerals Funeral Undertaking Zenzele Funeral Undertakers Brewing or bottling beer/mineral water Coca-Cola (Shanduka Beverage) Brewing or bottling beer/mineral water SAB Quma Plastic CC North West Northern Cape Western Cape Rustenburg Kimberley Cape Town Quarry and Stone Crushing Kudu Granite Quarry and Stone Crushing Red Graniti S.A Pest Control Rustenburg Pest control Funeral Undertaking Motsisi funerals Funeral Undertaking Everest Funerals Pest Control Kill-A-Bug Funeral Undertaking Family Friends Manufacturing of food for domestic animals Funeral Undertaking Leeufontein Voere B.K Funeral Undertaking Galeshewe Funerals Funeral Undertaking Tsepang Funeral Parlour Funeral Undertaking AVBOB Funeral Undertaking DHL Worldwide Express Courier THWI Trading Mineral Waters Water @ waterworks co Courier Time Freight Courier Debonaire Lawns Garden Service SKYNET corrier Courier Keipoletse Funerals Cement Eureka Bricks & Blocks Cement AJ Bricks & DBL Transport Cement Pro Brick and Block CC Funeral Undertaking Avbob Bellville Funeral Undertaking Harmony Funeral Services Waste Paper Recovery Cape Waste Paper Williams Funeral Undertaker On the Dot George Free State Kwa-Zulu Natal Bloemfontein Durban Cement Lafarge Quarry Funeral Undertaking AVBOB Funeral Undertaking Twilight funeral service Funeral Undertaking Turningheads funeral services Garden Service Garden service- Mangaung Funeral Undertaking Ncanda Funeral Parlour Ubambo Resources HR consulting 9 Unskilled Labour Sector ECC Report Richard’s Bay Garden Services Ridgeview Crushing Plant Cement Quary Lafarge Funeral Undertaking Thembalabantu Funeral Service Funeral Undertaking AVBOB funeral service Funeral Undertaking Izwelethu garden service Funeral Undertaking Doves funeral service Subsequent to the information sharing sessions, public hearings were conducted in all provinces. The table below shows both public hearing together with sites visits schedule and attendance figures: Table 3: Schedule of Public Hearings: Province, City or Town, Dates, Venue and Attendance Province City or Town Date and Venue Number of Time Employees Eastern Cape Free State Gauteng Kwazulu Natal Limpopo Mpumalanga North West Northern Cape Western Cape Port Elizabeth Number of Employers 2010/10/05 10:00 Sites Visit 4 2 2010/10/06 10:00 Port Elizabeth Provincial Boardroom 27 15 East London 2010/10/07 10:00 Labour Centre Boardroom 11 13 Mthatha 2010/10/08 10:00 All Saints Hall 25 15 Bloemfontein 2010/10/13 10:00 Free State Provincial Office Boardroom 2010/10/13 13:00 Site Visit 4 0 2 0 Bethlehem 2010/10/14 10:00 SAPS Bethlehem Sport & Recreation Club 11 8 Welkom 2010/10/15 10:00 Protea House 12 9 Pretoria 2010/10/04 10:00 Head Office Boardroom 19 13 Alberton 2010/10/05 10:00 Labour Centre Boardroom 11 4 Boksburg 2010/10/06 10:00 Labour Centre Boardroom 10 5 Randfontein 2010/10/07 10:00 1 8 Vanderbijlpark 2010/10/1110:00 1 14 Durban 2010/10/12 10:00 Site Visits 17 2 2010/10/13 10:00 Provincial Boardroom 20 7 Richard's Bay 2010/10/14 10:00 Municipal Auditorium 14 10 Newcastle 2010/10/15 10:00 Majuba Lodge 0 0 Polokwane 2010/10/12 10:00 Sites Visit 9 0 Thohoyando 2010/10/13 10:00 Moufhe Lodge 10 30 Tzaneen 2010/10/14 10:00 Fairview Lodge 7 27 Polokwane 2010/10/15 10:00 Provincial Office Boardroom 0 12 Witbank 2010/10/26 10:00 Site Visit 21 1 Nelspruit 2010/10/27 10:00 Labour Centre Boardroom 0 0 Ermelo 2010/10/28 10:00 Msukaligwa Municipality Civic Centre 5 4 Witbank 2010/10/29 10:00 Labour Building Boardroom 4 12 Rustenburg Mafikeng 2010/10/19 10:00 Sites Visit 2010/10/20 10:00 Rustenburg Old Town Hall 2010/10/21 10:00 Getaway Guest Lodge 12 4 6 2 6 9 Klerksdorp 2010/10/22 10:00 Pyramids No 1 4 4 Upington 2010/10/27 10:00 Sites Visit 0 0 Upington 2010/10/28 10:00 Protea Hotel Upington 0 0 Kimberley 2010/10/29 10:00 Provincial Boardroom 2 8 Cape Town 2010/11/01 10:00 Provincial Boardroom 0 0 West Rand District Municipality Mayoral's Parlour Emfuleni Local Municipality 10 Unskilled Labour Sector ECC Report George 2010/11/02 10:00 George Museum 13 16 2010/11/03 10:00 Site Visit 9 2 Total (Sites Visit) 72 9 Total Public Hearings 242 241 Total 314 250 The hearings thus provided information from a total of 250 employers and 314 employees. This brings a total number of 309 employers and 451 employees consulted. It should further be noted that the representation was both from individual employees and employers as well as those representing organised business and labour. As part of the information gathering process, the Department was invited by the Funeral Undertaking Sector employers to come and make a presentation during their seminar which took place in Louis Trichard (Makhado) wherein 100 employers attended the session of which they later submitted their inputs in relation to the investigation. 1.3.3. PHASE THREE – ECC PROCESS During this phase the Department presented its findings and proposals to the ECC for its consideration. The findings and proposals of the Department are discussed in the chapters dealing with the discussion on conditions of employment and wages, followed by the ECC’s recommendations. 1.3.4. PHASE FOUR- PUBLICATION OF THE SECTORAL DETERMINATION AMENDMENT This phase will see the publication of the sectoral determination or ministerial report, once approved by the Minister, in the Government Gazette and subsequent awareness raising. 1.4. STRUCTURE OF THE REPORT The report consists of 4 chapters; Chapter 2 of this report outlines the sector profile and current status of the South African Unskilled Labour sector. Chapter 3 is the discussion on application and scope of the sectoral determination, wages and remunerations, demarcation, regulated hours of work, and other conditions of employment, and this is followed by Chapter 4 containing the ECC evaluation criteria. 11 Unskilled Labour Sector ECC Report CHAPTER TWO 2.1. DESCRIPTION OF THE TRADES According to the Terms of reference, the research had to look at the following 24 trades in order to provide information in relation to the current status of conditions of employment. Table 4 below reflects a list of the trades that the research had to focus on. Table 4: The 24 trades reviewed Brewing or bottling beer/mineral water Manufacturing of fertilizers Bunkering Manufacturing of glucose, dextrose, cornflower, starch Cement Products Manufacture/mending hessian, jute or other bags Construction plant hire services Manufacturing of tanning extract Delivery services, including messenger services Pest control services Demolition of buildings Preparing sites for building or other purposes Excavating, levelling and pumping sand, soil, gravel Purification, grinding or packing of salt Garden services Quarrying including stone crushing Maintenance agricultural/industrial show grounds Shipping agencies Manufacturing of bone meal Tending of racehorses Manufacturing of carpets Waste paper recovery Manufacturing of food for domestic animals Funeral undertaking The table below provides a list and brief description of the 24 trades reviewed, the economic sector in which they are located and the various occupations as per the Organising Framework for Occupations1 (OFO). Table 5: A brief description of the trades and the economic sectors in which they are located Sector A brief description of trade/s that fall within the sector Chemicals each trade as per the Organising Framework for Occupations (OFO) Manufacturing of fertilizers – organic and Unskilled worker categories found within non-organic materials combined to make fertilizers. are Chemical Plant Worker Performs routine tasks in a chemical processing plant such as delivering materials to processing areas, dumping ingredients into hoppers, 1 The OFO is disaggregated into five (5) skill levels, with level 5 representing the highest skill level required for any occupation. For the purposes of this study, skill level one (1) occupations is used to represent the unskilled workers throughout. Note that the list of occupations is only an extract from the OFO and does not represent all the occupations surveyed. 12 Unskilled Labour Sector ECC Report operating machines to heat, cool and agitate chemical solutions, filling and fasting covers on containers, and attaching labels and information on products. Mill Worker (Skill Level 1) Manufacture of bone meal – the manufacture of bone meal is largely mechanised but the sorting of bones remains the task of workers. – in this trade grinding and crushing is done in order to make pet foods. Brewing and bottling beer / mineral water –involves working in factories to ensure & the brewing and bottling of beer and beverages mineral water. Manufacture glucose, dextrose, agents (natural fibres, etc) are mixed, blended and combined to manufacture the products of glucose, dextrose, cornflower and starch. Purification, grinding or packing of salt – salt is extracted from salt pans and the sea, and then purified, ground and packaged. gardens in both residential and business areas. Services Maintenance of Stock feed Miller Lucerne Pellets Maker Brewer/Brewery Worker (Skill Level 1) tasks to make beer and package, store and dispatch beer in bottles, cans and kegs. Other Job Titles Beer Brewer Beer Production Worker Brewery Worker Bottling Attendant Jar or Bottle Filler Garden Workers (Skill Level 1) Assists in cultivating and maintaining Farm Maintenance Worker (Skill Level 1) agricultural/industrial show grounds – the Pruner (Skill Level 1) employees of Pest or Weed Controller (Skill Level 1) collectors and interest general are garbage maintenance grounds. Animal Feed Mill Worker gardens. workers at agricultural or industrial show Other Job Titles Labelling Machine Operator Garden services – the maintaining of a) products to make flour, meal and stock Operates machines and performs routine of cornflower, starch – chemicals and other food tasks to mix, mill and treat grains and by- feed. Manufacture of food for domestic animals Food Operates machines and performs routine Applies pest or weed management techniques to kill and control pests or Pest control services – involves the weeds in domestic, commercial and spraying and dissemination of pesticides to industrial areas, roadsides, private and eliminate insects and other pests. public lands. Tending of racehorses – involves the Other Job Titles 13 Unskilled Labour Sector ECC Report feeding, cleaning and caring for of Fumigator racehorses. Knapsack Spray Operator Funeral undertaking – involves the Chemical Sprayer/Sprayer Supervisor grave-digging, cleaning, dressing of dead bodies and the related activities. Cement and Concrete Plant Worker (Skill Level 1) Performs routine tasks in manufacturing cement and concrete products such as Cement products – moulding cement greasing and assembling concrete moulds, into various products. holding reinforcing steel in position during Construction plant-hire services – construction plants are hired out and the tenants Construction hire various employees to concrete pours, striping mould from dried concrete products, and finishing products. Other Job Titles operate the plant. In the operation of the Cement Finisher Worker plant, various levels of employees are Concrete Finisher hired. Concrete Processing Worker Demolition of buildings – this involves Earthmoving Worker (Skill Level 1) the tearing down of existing buildings Performs routine tasks in excavating earth, and structures to make way for new clearing and levelling sites, and digging buildings. irrigation channels. Excavating, levelling and pumping sand, Builder’s Worker (Skill Level 1) soil, gravel – involves the digging of Performs routine tasks in erecting and sand, soil and gravel for building and repairing structures and facilities on other construction purposes. building and construction sites and in Preparing sites for building or other factories producing prefabricated building purposes – involves the clearing of components. building sites and the levelling of the Other Job Titles ground for the purpose of construction. Bitumen Mixer Roading Bricklayer's Assistant Carpenter's Assistant Demolition Contractor/Labourer Joinery Worker Tiller's Assistant Manufacture of carpets – threading and other weaving of materials is done by Textiles Level 1) Performs routine tasks in a fabric and hand. Fabric and Textile Factory Worker (Skill Manufacture/mending of hessian, jute or textile factory such as cutting canvas, other bags –involves the mending and upholstery and curtain fabrics, delivering 14 Unskilled Labour Sector ECC Report threading of materials to create bags materials to machines, operating automatic from Hessian, jute and other organic machines using computerised patterns, materials. pressing partially completed and finished garments, and inspecting and finishing completed garments. Other Job Titles Loom Threader Textile Products Cutting Worker Thread and Yarn Piecer Delivery Driver (Vehicle) (Skill Level 1) Drives a van or car to deliver goods. Delivery Driver (Motorcycle) (Skill Level 1) Drives a motorcycle or scooter to deliver Delivery services, including messenger services – involves the delivery of goods Transport Bunkering –involves the loading of coal Shipping agencies administration of Collects leaflets or newspapers from a collection point and delivers them to mainly onto ships. Leaflet or Newspaper Deliverer (Skill Level 1) utilising messengers. goods. – involves goods that the are homes in a specified area. Waterside Worker (Skill Level 1) Transfers cargo between ships and other transported by ship. forms of transport or storage facilities. Other Job Titles Boat and Ship Cargo Loader Docker Wharf Longshoreman Wharf Labourer Recycling or Rubbish Collector (Skill – Level 1) involves the combination of dyes and Collects Manufacture of tanning extract other colouring agents to make extract to Forestry dye leathers and other materials. Waste paper recovery – involves the collection of waste or recycling paper. household, commercial and industrial waste for recycling and disposal. Paper and Pulp Mill Worker (General) (Skill Level 1) Other Job Titles Pulp, Paper Making and Paper Products Labourer Mining minerals & Quarrying – is the extraction of building Mining Support Worker (Skill Level 1) stone or slate from an open surface Performs routine tasks in mining and 15 Unskilled Labour Sector ECC Report quarry. mineral ore treating operations such as assembling, operating and dismantling mining equipment, taking ore, rock and dust samples, and mixing ore treating chemicals and catalysts. Other Job Titles Gravel Worker Pit Crew Support Worker Quarry Hand/Worker Sand Pit Worker 2.2. Trades with protection Out of the 24 trades the research revealed that most of these trades are covered by either a Bargaining Council agreement, sectoral determination or collective agreements. The following trades have been identified as having such coverage: 2.2.1. Manufacture of glucose, dextrose, cornflower, starch or gelatine The National Bargaining Council for the Chemical Industry has a jurisdiction in these trades and it is bound to be extended to all the activities mentioned in this sector. 2.2.2. The manufacture of fertiliser, Purification, grinding or packing of salt (sodium chlorite), and Waste glass recovery Presently the manufacture of fertilizers is subject to the National Bargaining Council for the Chemical Industry. The unskilled workers are generally not regarded as vulnerable due to the activities of four effective trade unions actively engaged in the Chemical Industry. 2.2.3. Construction plant hire service, Demolition of buildings, Excavating, levelling and pumping sand, soil and gravel, and preparing sites for building or other purposes. Traditionally this trade has been regarded as a trade in its own right. However, employers and employees in the Civil Engineering Sector who excavate, level, prepare the site for foundations etc are subject to Sectoral Determination 2. In cases where an employer’s business is only to prepare a site, then it is contended that such activity does not fall within the scope of the Civil Engineering Sector. The numbers of unskilled workers are few in relation to plant operators who are regarded as semi-skilled or skilled workers. Due to the wages prescribed in Sectoral Determination 2 they have a ripple effect on the 16 Unskilled Labour Sector ECC Report hiring of construction plant employees and unskilled workers are usually paid on a comparable level. 2.2.4. Carpets and Mending of hessian, other bags In 2009, the collective agreement that was concluded in the National Textile Bargaining Council was declared as binding on the parties which concluded the agreement as well as on the other employers and employees in this Industry with effect from 2 February 2009. In this regard the textile industry was defined as an enterprise in which the employers and the employees are associated, either in whole or in part, for any activity relating to the processing or manufacture of fibres, filaments or yarns, natural or man-made and the processing or manufacture of products obtained there from, including all activities incidental thereto or consequent thereon. Due to bargaining council intervention many unskilled workers in the trade have been replaced by semi-skilled workers in a highly mechanised industry. 2.2.5. Quarrying and Stonecrushing This trade must be considered together with Determination 475 Stonecrushing Industry which by definition includes the quarrying or minning of stone if carried on by employers who are engaged in the crushing of stone. The sector is one of the sectors which is represented by the strongest labour trade unions in the country. These trade unions have negotiation powers on issues like wages and conditions of employment in the mining sector. With all the negotiation power and bargain for better salaries in the industry there is no need for a further protection for this sector. 2.2.6. Nightsoil removal, Sale or delivery of sand, Shipping agencies, Delivery services, including messenger services (except delivery by means of power driven vehicles.), and Bunkering Where nightsoil removal is undertaken by municipalities then the South African Local Government Bargaining Council has jurisdiction. When nightsoil is transported for reward then the National Road Freight Industry Bargaining Council claims jurisdiction. Sectoral Determination 9 does not exclude the sale or delivery of sand from its scope activities are subject to Determination 9 in view of the cancellation of Wage Determination 467. The sale of sand includes certain basic unskilled operations and for employers to pay the minimum wage laid down in Determination 9 for unskilled workers and drivers of motor vehicles might cause undue hardship to certain employers. Further, where sand is conveyed for reward by a cartage contractor such operations fall under the scope of the National Bargaining Council for the Road Freight Industry as the latter claims jurisdiction over such activities. Transport of sand by Transnet falls under the jurisdiction of the Transnet Bargaining Council. Sand sold and delivered by hardware establishments are now considered to fall within the 17 Unskilled Labour Sector ECC Report scope of Sectoral Determination 9. If retained as an unskilled labour sector activity then the exclusion found in clause 1(3)(a) of Sectoral Determination 9 could apply. Unskilled workers employed in bunkering services by Portnet are subject to the Bargaining Council Agreement for Transnet. The two trades examined in this project, namely bunkering and shipping agencies, belong to one of the four transport chambers, (the maritime chamber of the transport sector). Moreover, they represent this chamber only partially because this chamber comprises more than bunkering and shipping agencies. 2.2.7. Waste paper recovery Whilst the definition of “Wood and Paper Sector” covers “pulp and paper “ which includes the manufacture of pulp, paper, dissolving pulp and paper board including incidental activities in terms of the Bargaining Council for the Wood and Pulp Industry is sufficiently wide to cover the actual collection of waste paper. Individual persons who on their own for their benefit collect and sell waste paper are not regarded as employees in this trade. 2.2.8. Maintenance of agricultural/industrial show grounds This trade is not subject to any wage regulating measure and is usually conducted over a short period whilst the show is in progress utilising casual labour. Where cleaning operations are conducted by contract cleaning firms the provisions of Sectoral Determination 1, Contract Cleaning Sector applies. The employees of store owners selling goods at a show are subject to Sectoral Determination 9. Where local authorities collect garbage during shows such activity is governed by the South African Local Government Bargaining Council. Where garbage is conveyed for reward, other than by a municipality the National Bargaining Council for the Road Freight Industry claims jurisdiction. 2.3. Trades without protection. Out of the 24 trades which were focused on eighteen trades have protection, however the report will focus on six trades without protection which include the following trades: 1. Garden services 2. Tending of racehorses 3. Funeral undertaking 4. Pest Control 5. Manufacturing of bone meal 6. Manufacturing of food for domestic animals. 18 Unskilled Labour Sector ECC Report CHAPTER THREE In line with the discussions in Chapter two this chapter will focus on the six trades that are not covered in terms of a bargaining council agreement, sectoral determination or collective agreement, furthermore the chapter will also discuss the feasibility of establishing a sectoral determination for the unskilled labour sector. 3.1. Trades without protection 3.1.1. Garden Services When Wage Determination 467 was investigated in 1993 by the Wage Board this sector was found to pay the lowest wages. Now that Determination 467 has been cancelled there is no wage regulating measure applicable to this sector. The number of employers providing gardening services has increased due to the publication of Sectoral Determination 7, Domestic Workers. Employers rendering gardening services usually employ 4 to 5 unskilled workers per unit who do gardening in the place of domestic employees who are subject to Sectoral Determination 7. Apart from that there are employers who perform garden service for both household premises and industrial premises on a fixed term contract basis. 3.1.1.1. Views of Employees In terms of the questionnaire analysis the majority of employees support the establishment of a sectoral determination. The main reason why garden service employees supported the need for sectoral determination was because of the current level of wages being paid in the sector which ranges from R50 to R60 per day. 3.1.1.2. Views of Employers The employers support the need for a sectoral determination in order to regulate the sector. They however argued that a sectoral determination should not include all trades under one umbrella since each trade operates differently. The employers further indicated that the Department should take into consideration the current economic climate when pegging a minimum wage, business operational cost, productivity of the worker. 19 Unskilled Labour Sector ECC Report The majority of employers were not in support of a single minimum wage in the unskilled labour sector and asked the department to check the difference when in comes to the cost of living at each province for an example, comparing Johannesburg and Bloemfontein. 3.1.1.3. Departmental recommendation. The Department considered the research findings, views of various stakeholders and wish to concur with the view that protection is indeed needed for the garden service trade. The Department however would suggest a different approach in terms of dealing with this trade. The Department proposes that the trade should be aligned to Contract Cleaning Sectoral Determination no 1 if it is performed on a contract cleaning basis. 3.1.1.4. ECC Recommendation. The ECC believes that the sector can be covered by Contract Cleaning Sectoral Determination no 1. Considering the scope and application of the determination they believe that it is the suitable determination for the garden service trade although the challenge it will be the issue of wages due to the fact that the current wages in the contract cleaning are higher than what currently garden service trade are paying. The ECC indicated that if wages are pegged at the current contract cleaning minimum wage rate level it will negatively impact on the affordability. The ECC therefore proposes that an investigation should be conducted for this sector to determine the feasibility of aligning this trade with the Contract Cleaning Sectoral Determination. 3.1.2. Pest Control Apart from one or two large registered companies the services of pest control is in the hands of small one and two employee establishments. There is no bargaining council for this sector and in respect of individual businesses there are few collective agreements in operation. The majority of workers in this sector are skilled due to the nature of work (dealing with highly intoxicant chemicals). The sector employs very few unskilled workers like those workers who spray the insects and it’s only seasonal so they mainly use casual workers to complete the task. 3.1.2.1. Views of Employees No inputs received from employees on this matter. 20 Unskilled Labour Sector ECC Report 3.1.2.2. Views of Employers The Employers indicated that they need a sectoral determination but further pointed that their workers are trained as they deal with poisonous chemicals and those who can be regarded as unskilled worker in their work place is cleaners, pest control assistant and handyman. They further stressed that pest control services should be included, especially for the above mentioned employees. They proposed a single wage in opposition of the provincial based minimum wage. They believe that the cost of equipment as well as poisons, used to fumigate, is more or less the same even outside Rustenburg depending on the quantity they buy and they also believe that the minimum wage should be the same as well. 3.1.2.3. Departmental Recommendations The Department is of the view that pest control trade is a trade that employs mostly skilled employees, and that means the sector employs very few of unskilled worker as indicated above and the unskilled workers who are employed are only seasonal so they mainly use casual workers to complete the task. Taking that into consideration the Department propose that if regulation of this trade is needed as called for by employers the Department would suggest that they aligned to Chemical Industry Bargaining Council. 3.1.2.4. ECC Recommendation After considering all the different proposals and information provided, the ECC recommends that the process should be establish to look at the viability of extending the scope of the Chemical Industry Bargaining Council to cover this trade. 3.1.3. Tending of racehorses There is no bargaining council for the tending of racehorses. This sector comprises mainly of unskilled workers and although termed the sport of kings they are not always paid handsomely. In some cases the only major financial benefits is if a horse wins or is placed in the top three a bonus is paid. In the absence of a trade union specifically for this sector it is doubtful that any collective agreements exist. As far as the breeding of racehorses on farms is concerned such activity falls within the scope of Sectoral Determination 13, Farm Worker Sector. Unskilled workers, other than farm workers, who tender racehorses, are regarded as farm workers. During the current investigation it was revealed that wages paid in this sector for the emerging racehorse tenders are similar to those paid in Farm Workers sector, whereas for bigger racehorse tenders pay a minimum of R1800, 00 per month with benefits like free accommodation, provident fund and 13th cheque. 21 Unskilled Labour Sector ECC Report 3.1.3.1. Views of Employees During the site visit employees in this sector indicated that they don’t think it is necessary to establish sectoral determination for this trade as they are currently receiving most of the benefits as stipulated in the Basic Conditions of Employment Act. They further indicated that they are currently receiving benefits like provident fund and they are also getting accommodation free of charge. The employees concur with the fact that their activities in the trades are familiar with those in farm workers. Most of the employees stay in hostels which are provided by the employers and they are not restricted who to bring along. 3.1.3.2. Views of Employers Employers indicated that their activities are familiar with those activities performed in farm worker sector. They also pointed out that the lowest earner in the sector is paid R1600 per week. Big employers indicated that they have a concern about those small employers who are usually paying less in the trade. 3.1.3.3. Departmental Recommendations The Department is of the view that the activities and the scope of this trade is equivalent to the farm worker sectoral determination and therefore the Department propose that this trade should be align the Farm Worker Sectoral determination 13, to address those employees who are employed by small employers in this trade. 3.1.3.4. ECC Recommendations ECC recommends that those working on farms breeding racehorses they are already covered by Farm Worker Sectoral Determination however tending of racehorses should be left alone because the ECC do not find areas of vulnerability. 3.1.4. Funeral Undertaking Funeral Undertaking is a sector on its own. The sector employs a large number of unskilled workers in both rural and urban areas. Since the cancellation of the wage determination no 470 the employers complied with Basic Condition of employment Act which does not prescribe minimum wages. Employees particularly those who are employed by the emerging funeral undertakers mostly in rural areas are paying lower wages as compared to those in urban areas. 22 Unskilled Labour Sector ECC Report 3.1.4.1. Views of Employees The majority of the employees in this trade across the country they indicated that they wanted a sectoral determination that will address specifically the issues in funeral undertaking due to the fact that their trades are totally different in operation. SACCAWU stated that unskilled sector is very complex and the Department needs to conduct a thorough investigation in relation to this sector. They indicated that in most areas and industries the concept “unskilled” has different meanings. They indicated that in many sectors if you have worked for a particular period, you are considered to be semiskilled. The union emphasized that the establishment of Sectoral Determination will have adverse consequences if thorough investigation was not done. The employees in the sector further proposed that the Department must establish the Sectoral Determination for funeral undertaking separately. 3.1.4.2. Views of Employers There are diverse feelings in terms of this issue wherein some employers feel that they don’t need a sectoral determination and stated that they currently comply with Basic Conditions of Employment Act which is working for them and while others feels that introduction of sectoral determination in the sector will set a standard that will basically assist in issues of wages. Employers who are against the issue of establishing a sectoral determination they further indicated that it will be difficult to establish a Sectoral Determination for unskilled because of the different backgrounds of the Sector; for example, funeral undertaking is completely different from other sectors. The small business employers were concerned that a sectoral determination would set the minimum wages high that will hamper the operating of the business. The employer currently remunerate the employees R75 per day, the driver R 2800 and the lowest employee is paid R 1500 per month. Some employers indicated that they can’t afford to employ full time workers, specifically drivers, as they are not busy during the course of the week but only busy during weekdays, therefore they employ casual drivers who will only come when there is a funeral. 3.1.4.3. Departmental Recommendations Given the situation and considering recommendations from both stakeholders in this trade, the Department is of the view that this trade need to be investigated separately to establish the feasibility of reviving wage determination 470 Funeral Undertaking if necessary. In addition to that Funeral Undertaking stakeholders concur with the fact that this trade it is very different as compared to other 23 Unskilled Labour Sector ECC Report trades as employees in many occasions have to work extreme hour in order to complete their obligations. 3.1.4.4. ECC Recommendation With respect to the Funeral Undertaking trade, the ECC recommends that there should be a separate investigation for the sector investigating wages and conditions of employment. 3.1.5. Manufacturing of bone meal The manufacture of bone meal in itself is largely mechanised but the sorting of bones remains the task of the unskilled worker. This trade is not subject to any wage regulating measure since Determination 467 was cancelled. The number of unskilled workers in this trade is considered to be small and conducted in very few areas. The unskilled workers in this trade are protected by Basic Conditions of Employment Act which does not regulate wage. 3.1.5.1. Views of Employees No inputs received from employees on this matter. 3.1.5.2. Views of Employers No inputs received from employers on this matter. 3.1.5.3. Departmental Recommendation The Department is of the view that this trade needs a further investigation to determine whether it is feasible to align it to either bargaining council, or sectoral determination or collective agreement. 3.1.5.4. ECC Recommendation The ECC believes that manufacturing of bone meal and manufacturing of food for domestic animals is the same thing and would recommends that they should be checked and if viable group them together. 3.1.6. Manufacturing of food for domestic animals This trade has been limited by the exclusion of employers whose undertaking is in conjunction with the grinding, gristing or crushing of cereals or the production of any raw cereal products by grinding, gristing or crushing. There appears to be no compelling reason for the said exclusions. However, the main reason for the exclusion appears to be that some employees are subject to the Bargaining Council agreement for the Grain Co-operative Trade. This trade does employ a small labour corps which is considered to be unskilled. The unskilled workers in this trade most of them are covered by the 24 Unskilled Labour Sector ECC Report Bargaining Council Agreement. Employers who do not form a part of bargaining council have indicated that they comply with the BCEA in terms of conditions of employment and in terms of wages they pay R50, 00. Through the extension of the bargaining council agreement to these employees the elements of vulnerability could be alleviated. 3.1.6.1. Views of Employees There was no proposal from the employee received from this trade. 3.1.6.2. Views of Employers Employers in this trade indicated that there is a need for a sectoral determination that will regulate wages and conditions in the sector. They requested that general workers must be covered as the use or employ casual staff for packaging food in their containers. They also indicated that this workers start by packaging food including loading in the trucks then afterwards they clean their work stations as well as the entire building. Employers also indicated that it’s no feasible for them to have each employee delegated to do a specific task e.g. because they package food then the floor and/ or work stations becomes dirty and they can’t clean as they go instead they have to do the same work first then after they all clean. Employers suggested a provincial based minimum wage and further indicated that it should be demarcated or categorized into Area A and Area B. 3.1.6.3. Departmental Recommendations Considering the fact that there is an existing bargaining council for Grain Co-operative Trade, the Department is of the view that through the extension of the bargaining council agreement to these employees the elements of vulnerability could be alleviated. 3.1.6.4. ECC Recommendations The ECC recommends that the two trades manufacturing of bone meal and manufacturing of food for domestic animals should be aligned to the bargaining council for Grain Co-operative. 3.2. The feasibility of having a sectoral determination. The study found that most of conditions of employment in the investigated trades are aligned to the Basic Conditions of Employment Act. The majority of employers are complying with such conditions of employment as ordinary hours of work, meal intervals, Sunday work and contributions to UIF. The majority of employees reported not getting any medical benefits, bonuses or 13th cheques and any pension or provident funds. 25 Unskilled Labour Sector ECC Report In most of the trades, written contracts are widely used. The research further revealed that most employees work 40 to 45 hours which is in line with the maximum ordinary hours prescribed in BCEA regulations. In terms of wages the research indicated that 51% of unskilled workers in 24 trades earned more than R2,000 per month. The standardised analysis shows that in most trades, more than 50% of unskilled workers reported that their salaries meet their basic needs. The research concludes that while a small majority of employees in the trades under review earn more than R2, 000 per month, most of them have large households (more than five members), do not have medical benefits and do not earn bonuses or 13th cheques. 3.2.1. Departmental Recommendations The Department considered the research findings, views of various stakeholders and the Department is of the view that protection is indeed needed for the trades without protection, however there should be careful to what extend are this trades exploited, taking it consideration that currently most of this trades comply with BCEA. The Department would like to point out that for the fact that this investigation deals with more than one trade with different conditions of employment it does pose a challenge in terms of establishing a uniform legislation which will cater this six different trades. The Department is mindful of the difference existing in conditions of employment in this trade’s and the fact that the issue of wages depends on the affordability in those trades. With that note the Department would like to propose that for those trades which have been identified to be without protection should be either looking at the possibility of aligning them with the applicable bargaining council or establish a separate investigation for this specific trades. In essence the Department proposes that the sectoral determination for unskilled labour should not be established as it will confuse that labour market. 3.2.1. ECC Recommendations The ECC supports the view put forward in the departmental report. 26 Unskilled Labour Sector ECC Report CHAPTER FOUR EVALUATION IN TERMS OF ECC CRITERIA The alleviation of poverty The introduction of social protection measures in the form of social grants has played an important role in bringing much sought-after relief to people living in poverty, however, accelerated economic growth is still a necessary ingredient to assist in the battle against poverty in conjunction with strengthened labour market policies and an improved education system. South African business leaders have always argued that the need of unskilled employees to have the alleviation of poverty addressed should be considered against the backdrop of the need for more relaxation of current labour laws. However, Barnard (2009) has found that overall, employment protection legislation (EPL) in South Africa appears to be relatively flexible, with respect both to the average of OECD countries and to those other non-OECD member economies (Brazil, Chile, China, and India), and that South Africa’s labour legislation seems to live up to its creators’ aim of providing for “regulated flexibility”. He does point out that it is true that ease of firing is one area where South Africa shows up as being less flexible, but that even in this case, South Africa scores below the average for OECD economies in this regard. This finding suggests that the perception of business that the South African labour market is overburdened by regulation is distorted and that compared to developed and developing countries, South Africa’s employment protection legislation is relatively flexible. The majority (71.4%) of elementary workers in the different sectors studied indicated that their salaries do not cover their basic needs. This 71.4% spans both the group that earned more than R2,000 per month (51%) and the group that earns under this amount (49%). This suggests that unskilled workers feel that they are living in poverty. That even the group earning over R2,000 monthly felt that their salaries do not cover their basic needs emphasises the deprivation experienced by the group earning less. The report argues that this must be balanced with what the poverty line in South Africa is. If the “lower bound” poverty line, which provides for essential food and non-food consumption and amounts to R322 per capita per month in 2000 prices is used, then only 32.4% of the study sample can be said to be living 27 Unskilled Labour Sector ECC Report below the poverty line. This corroborates the finding by Armstrong et al (2008) that the consumption levels of 33.2% of all households were below the "lower-bound" poverty line. Armstrong et al used two absolute poverty lines that they indicate were proposed by Statistics South Africa. The “lower bound” poverty line, which provides for essential food and non-food consumption, amounts to R322 per capita per month in 2000 prices. The “upper bound” poverty line, which includes an additional R271 for non-essential non-food items, amounts to R593 per capita per month. They found that the consumption levels of 33.2% of all households were below the "lower-bound" poverty line, while 53.3% of households consumed less than the "upper-bound" poverty line. Poorer households were bigger, on average, than richer ones; hence, there was even more poverty when measured in terms of the proportion of individuals rather than the proportion of households who were poor. The proportions of the population that consumed less than the "lower-bound" and the "upperbound" poverty lines were 47.1% and 67.6% respectively. The income earned from employment will be important, particularly since the aim is to reduce unemployment and poverty. Strengthening broad-based economic participation can be the best way to ensure a more equal distribution of income. This requires, not only low rates of unemployment, but also rising income earned from work. In other words, some path is needed that would create jobs and also enable real wage growth in a way that is supportive of long run economic expansion. In South Africa, earnings from employment and self-employment are low relative to the cost of living. The Labour Force Survey shows that about 65% of all workers earned less than R2, 500 per month, and 39% earned less than R1, 000 per month. Low earners are not only found in the informal sector: just over half of formal sector workers earned less than R 2,500 per month. Low earners in the formal sector are not only found in low level jobs: about two-thirds of craft workers and plant and machinery operators earned R2, 500 per month or less. What does this mean for poverty? There is no official poverty line, but the National Treasury recently released a discussion paper suggesting that it might initially be set at the equivalent of R 430 per person per month in 2006 Rand. About 50% of the population would fall below this level. What if the unemployment problem were virtually resolved and fell from about 25% to 13% to 6.5%? Most of us assume that this would dig deeply into the poverty problem. 28 Unskilled Labour Sector ECC Report Cost of living Absolute earnings for African workers are still quite low relative to living costs, with 28.5% of workers earning less than R1,000 per month in 2004, and 64.7% earning less than R2,500 per month (Altman, 2006). Great inequality persists. As discussed earlier in this report, wage differentials by race continue to be significant and it has been shown that there is no room to reduce real wages, all things being equal. As discussed elsewhere in this report, the option of increasing the social wage to reduce the pressure on private wages for firms and households through a widened social security net has already been exercised to arguably the point where further widening could be unsustainable in the long run. In these circumstances, other forms of ensuring that the consumption levels of low paid workers are at least maintained or improved need to be examined taking into account their potential impact on inflation. Inflation in terms of household expenditures particularly affects the poor. Those who are worst affected by rising inflation are the poor because they spend the bulk of their household income on basic necessities such as food, transport, education and medical care (NALEDI, 2008). The NALEDI report further observes that on average, low income groups experience higher rates of inflation in comparison with those in the middle- and high-income brackets. Importantly, people in the very low- to low-income groups spend the bulk of their household income on necessities, such as food, transport, medical care and education among others. So when compared with those in the middle- and higher-income groups, the higher rates of food inflation and other basic necessities affect them disproportionately. With the majority of workers earning less than R2,500 per month, increasing inflation and very high food prices, it is safe to suggest that between 2006 and 2007, wages have not kept pace with inflation. Consequently, the purchasing power of the majority of workers has continuously been eroded. Other information that could be relevant to the ECC A significant proportion (65%) companies indicated that were moving towards a 50-50 labour-capitalintensive split in their mode of production, suggesting that companies are generally not looking towards major investments in transforming their modes of production to more capital-intensive and automated modes. This could mean that the number of current jobs is not generally or imminently in danger due to a shift in the mode of production, however, it could have an impact on the availability of jobs and wages 29 Unskilled Labour Sector ECC Report earned particularly by unskilled workers in that these workers rely on labour-intensive jobs that do not require much skills and if the mode of production required more skilled workers, these workers would be negatively affected. The findings revealed that in small and medium-sized organisations, wage agreements were primarily made on a one-on-one basis with the majority of employers surveyed reporting that they recruited a large number of unskilled workers through walk-ins and informal referrals. In large organisations, these agreements were equally negotiated at industry-level and on a one-one-one basis. The study also found that although sectoral and wage determinations for unskilled labour were cancelled in 2007, certain sectors continue to have Bargaining Councils which meet annually to negotiate wages, conditions of employment and other related issues. A number of substantive wage agreements were reached within these sectors and industries in 2009 and a summary of agreements that are relevant to the trades under review in this study is provided below. Fast Moving Consumer Goods sector The following trades were included: Manufacture of glucose, dextrose, cornflower, starch. Brewing or bottling beer/mineral water. Industrial Chemicals Sector The following trades were included: Manufacturing of fertilizers Civil Engineering Industry The following trades were included: Construction plant hire services Demolition of buildings Excavating, levelling and pumping sand, soil and gravel Preparing sites for building or other purposes Textiles This sector had binding agreements to 31 December 2009, subsequent to which only the clothing manufacturers reached an agreement binding between 2009 and 2010. A textiles sector agreement was reached in 2009 binding until 31 August 2010 but it only covered clothing and excluded the textile trades under review in this study, which now renders these trades vulnerable. However, there are still a significant number of trades and sectors that have not negotiated any agreements which, according to this study, can be classified as being vulnerable and could need a determination to ease their vulnerability. These trades and sectors are listed below: 30 Unskilled Labour Sector ECC Report Services Garden services Maintenance of agricultural/industrial show grounds Pest control services Tending of racehorses Food and beverages Manufacturing of bone meal Manufacturing of food for domestic animals Textiles Manufacturing of carpets Manufacturing/mending hessian, jute or other bags Transport Delivery services, including messenger services Shipping agencies Mining and minerals Quarrying including stone crushing Forestry Waste paper recovery Conclusions In terms of the three criteria researched in this study, i.e. labour force composition, wages and conditions of employment in the unskilled labour sector, this study provides insight into the unskilled labour market and provides a baseline of the 24 trades that was previously unavailable. This was achieved through using LFS data and information gleaned through various sector Skills Plans for the affected sectors. In terms of the other two criteria, the primary research that was conducted provided significant information on wages and employment conditions in the unskilled labour sector. Regarding conditions of employment, the findings suggest that there is a relatively high level of compliance by employers with some key aspects of the Act. With regard to wages, the research concludes that while a small majority of employees in the trades under review earn more than R2,000 per month, most of them have large households (more than five members), do not have medical benefits and do not earn bonuses or 13th cheques. It should be taken into that the borderline nature of this majority indicates that almost half of unskilled workers therefore earn less than R2,000 with which to survive. The study has also shown that since the cancellation of the unskilled labour sectoral and wage determinations in 2007, a significant proportion of the trades under review has been left vulnerable 31 Unskilled Labour Sector ECC Report which was not helped by the world-wide recession that also affected a large part of the South African economy. International experience has also shown that maintaining or increasing wages at the lower levels of the pay scale, particularly in recessionary periods, may counteract weakening aggregate demand and boost prospects for recovery and that allowing a decline in the purchasing power of lower-end wages could lead to a rise in poverty and an added downward twist to the recession. The research suggests that the ECC considers a wage determination for unskilled workers across the trades identified as vulnerable by this study and taking into account that these workers do not have any other financial benefits other than their salaries. 32 Unskilled Labour Sector ECC Report