REASONS TO BE PROUD? African retail unions’ alliance concludes a Global Framework Agreement with Shoprite Checkers in the continuing fight for decent work By Saliem Patel and Michelle Taal, LRS, South Africa Published in February 2011 By Friedrich-Ebert-Stiftung Trade Union Competence Centre 34 Bompass Road, Dunkeld West, P.O. Box 412664 Craighall 2024, Johannesburg, South Africa Phone: + 27 11 341 0270, Fax: +27 11 3410271 e-mail Gerd.Botterweck@fes-southafrica.org www.fes-southafrica.org. In collaboration with Labour Research Service 7 Community House 41 Salt River Salt River 7925 Cape Town, South Africa Phone: +27 21 4471677 Fax: +27 21 447 9244 E-mail: lrs@Irs.org.za http:/www.Irs.org.za And UNI Global Union Avenue Reverdil 8-10 1260 Nyon , Switzerland Phone: +41223652143 Fax: +41223652121 Email: jakob.thiemann@uniglobalunion.org and keith.jacobs@uniglobalunion.org www.uniglobalunion.org All rights reserved: The material in this publication may not be reproduced, stored or transmitted without the prior permission of the publisher. The views expressed in this publication are not necessarily the ones of the Friedrich-Ebert-Stiftung or of the organization for which the author works. Contents Foreword by Gerd Botterweck .....................................................................................................................................2 Geographic Spread of Shoprite 2009 ....................................................................................................................... 2 The Shoprite Shop Steward Alliance ........................................................................................................................ 4 The Global Framework Agreement ........................................................................................................................... 4 Shoprite Company Analysis ..........................................................................................................................................5 Spread .................................................................................................................................................................................. 5 Structure ..............................................................................................................................................................................6 Strategy ................................................................................................................................................................................6 Financials .............................................................................................................................................................................7 Directors ...............................................................................................................................................................................8 Employment .......................................................................................................................................................................9 Challenges for the Shoprite Alliance ........................................................................................................................12 Ownership and control .................................................................................................................................................12 Management style ......................................................................................................................................................... 12 Financial .............................................................................................................................................................................12 Expansion ..........................................................................................................................................................................12 The Wage Gap and Wage Differentials ....................................................................................................................13 Nature and conditions of employment ..................................................................................................................13 The Way Forward ............................................................................................................................................................13 This report title draws on the name of the Shoprite 2008 Annual Report ‚ ”Reasons to be proud” but poses it as a question. In the eyes if management and shareholders expansion and profitability are sufficient reasons to be proud, for unions and workers however labour practices, management style and social responsibility need much improvement. Retail unions in Africa can be proud of forming The Shoprite Union Alliance and pushing the company to sign a Global Framework Agreement. The Alliance will continue to build solidarity between workers of Shoprite Checkers everywhere it operates to improve wages and conditions, make management more responsive to social responsibility and monitor company operations to build equitable regional economic integration. UNI will lead and support this Alliance to achieve its goal of decent work and a decent life for all. The Labour Research Service conducted research with the Shoprite Alliance. This report critically examines Shoprite, identifying challenges for unions in the Alliance to pursue with the company. Friederich Ebert Stiftung (FES) has supported the Alliance financially as well as practically assisting with the collection of information in various African countries where they have offices. Objectives of the Shoprite Shop Steward Alliance: To engage in dialogue with Shoprite on a regional level to improve the conditions of workers To develop campaigns for improving conditions of employment, wages and working conditions at Shoprite To serve as a resource/information network for the unions involved. To enable building solidarity between unions in the region. 1 Foreword ‘Reasons to be proud?’ is the second publication published by the Friedrich- Ebert- Stiftung (FES) Trade Union Competence Centre, in collaboration with the Union Network international (UNI) and the Labour Research Service (LRS)in Cape Town with regard to the South African Retail Giant Shoprite. The publication emerges out of research conducted by LRS to support the work of UNI and its affiliated retail unions from all over Africa, in their endeavour to regulate the labour policy of Shoprite and its operations all over the continent. In their efforts to influence the labour and social practices of Shoprite, UNI and its affiliated retail unions have established a continental union network to co-ordinate their activities and enhance their voice as representatives of Shoprite employees. ‘Reasons to be proud’ is the title derived from the Shoprite 2008 Annual Report, in which the company celebrates its successes in terms of growth and profitability. Shoprite recorded increases in sales and profits even during the height of the recent devastating global economic crisis. In 2009 the company’s sales increased by 25% while its profits increased by 23%. According to research the company’s financial achievements have been attributed to its problematic procurement and labour strategy: Shoprite is known for sourcing its goods from outside the host countries and for pursuing an employment strategy based on increasing use of various forms of flexible low-wage non-permanent labour. Of further concern to the unions, is the seeming injustice in how the company’s achievements are distributed. The research unveiled that the company’s executives and shareholders score handsomely in huge salaries, bonuses and dividends, while workers receive a raw deal in terms of wages and working conditions. It is in this context that the Friedrich-Ebert- Stiftung supports efforts by unions to pursue objectives of sound corporate practices and decent work at Shoprite. To this end FES supported efforts by UNI to achieve a negotiated Global Framework Agreement (GFA) between UNI and Shoprite which was signed last year between the parties to pursue responsible and sustainable corporate behaviour and starting a social dialogue for the betterment of the employees and the company. We trust that this publication will be of value in pursuing these objectives, and that our overall co-operation with UNI and the union network at Shoprite will achieve improvements in the terms and conditions of employment for Shoprite workers all over Africa so that they too can have reasons to be proud! Foreword by Gerd Botterweck 2 Geographic Spread of Shoprite 2009 India Nigeria Ghana Uganda Tanzania Angola Malawi Zambia Zimbabwe Nambia Botswana Madagascar Mauritius Mozambique Swaziland South Africa Lesotho Source: Shoprite website 3 Unions In The Shoprite Shop Steward Alliance Country Union Botswana Botswanan Wholesale, Furniture And Retail Worker Union Ghana Union Of Industry, Commerce And Finance Workers UNICOFW Lesotho National Union Of Retail And Allied Workers NURAW Madagascar Confederation Generale Des Syndicates Des Travailleurs De Madagascar FISEMA BWFRWU (Workers General Trade Union Federation Of Madagascar) Malawi Commercial Industrial And Allied Workers Union Mauritius Clerical, Administrative, Financial, Technical Employees Union CAFTEU Mozambique Sindacato Nacional Dos Empregados De Commercio, Seguros E Services SINECOSSE Namibia Namibian Food And Allied Workers Union NAFAU Nigeria National Union Of Shop And Distributive Employees NUSDE South Africa South Africa Commercial, Catering And Allied Workers Union SACCAWU Swaziland Swaziland Commercial And Allied Workers Union SCAWU Tanzania Tanzanian Union Of Industrial And Commercial Workers TUICO Uganda Uganda Hotel, Food And Allied Workers Union UHFTAWU CIAWU (National Commercial, Insurance And Service Workers’ Union) Zambia National Union Of Commercial And Industrial Workers NUCIWU Zimbabwe Commercial Workers Union Of Zimbabwe CWUZ currently in merger negotiations with other affiliates of BFTU The first meeting of the Shoprite Union Alliance took place in Port Elizabeth, South Africa, in 2003 where 9 African countries were represented, at the initiative of South African based Shoprite shop stewards’ council and SACCAWU. The Alliance met 4 times since this inaugural meeting and currently comprises 15 of the 16 African countries where Shoprite has operations. The Alliance involves shop stewards, making it an African alliance of unions rooted on the shop floor. To ensure that the Alliance is strong, countries are in the process of forming shop steward councils at a national level. South Africa, Zambia and Tanzania have already established such National Shop Steward Councils with other countries to follow suit. The Global Agreement A major achievement of the Alliance has been the signing of a Global Agreement (GA) between Shoprite Checkers and UNI. After three years of stalling and reluctance on the part of the company to the inclusion of ILO conventions, the GA was signed on 23rd February 2010 in Cape Town. The agreement adheres to the ILO’s declaration on the Fundamental Principles and Rights at Work, namely – Freedom of association and the effective recognition of the right to collective bargaining; The elimination of forced labour; The prohibition of child labour; The elimination of discrimination in respect of employment and occupation. 4 Shoprite Company Analysis The GA was a milestone; however, an analysis of the company reveals further challenges. The Alliance will monitor and engage the company on a range of issues identified through this analysis. Spread Shoprite is a South African based company which is the largest food retailer in Africa, operating in 16 countries across the continent. Shoprite operates under various brand names and its geographic spread is revealed in the table below. Currently it has 1,146 operations in South Africa and 206 in the rest of Africa. The number of Shoprite stores increased from 366 in 2007 to 383 in 2009. Over the same period Checkers stores increased from 115 to 134, Usave from 99 to 154 and OK Furniture from 170 to 204. This expansion occurred mainly in South Africa and Namibia. Two new Shoprite stores were opened in Swaziland and one in Mozambique while one store closed in both Tanzania and Madagascar. Shoprite Geographic Spread Of Operations Shoprite South Africa Angola Botswana Ghana India Lesotho Madagascar Malawi Mauritius Mozambique Namibia Nigeria 310 3 5 1 1 4 7 2 1 5 13 1 Swaziland Tanzania Uganda Zambia Zimbabwe 6 4 2 17 1 Total 383 Checkers 130 Checkers Hyper Usave 24 129 5 Ok Ok Furniture Express 180 13 House & Home Hungry Lion Ok Franchise 44 103 1 7 213 2 1 4 44 1 4 6 6 1 3 4 1 3 4 11 2 10 2 2 2 7 134 24 154 204 14 46 125 268 5 Structure Shoprite Holdings Ltd is a public company listed on the JSE Limited, with secondary listings on both the Namibian and Zambian Stock Exchanges. It is therefore ‚owned by approximately 5, 000 shareholders. Actual control of the company though rests centrally in the hands of the CEO and the Chairman, James (Whitey) Basson and Christo Wiese. The non-executive chairman, Christo Wiese, effectively holds 44 percent of the voting shares at Shoprite and has the power to block any moves he does not favour. The management structure of Shoprite is highly centralised with all company decisions being made at the Head Office in Cape Town, South Africa. Unions from other African countries have raised that negotiations with the company are consistently delayed as issues are referred back to the Head Office in South Africa. Financial control is also centralised with all revenues and supplies directed by the Head Office. Strategy Shoprite is focusing on further rapid expansion. While this has happened in South Africa, the company aims to reach a goal of 50 percent of total revenue coming from abroad. In 2008 Africa outside of South Africa accounted for 12.3 percent of revenue, up from 11 percent in 2007. In 2009 it is reported at 13.6 percent of total revenue. Shoprite’s growth focus is particularly in the oil-driven west coast including Nigeria, where it has one store, Democratic Republic of Congo, where construction of two stores is underway, and Angola. This drive for rapid growth is impeded both by a lack of infrastructure, and licensing issues. In Swaziland newly hired workers who had been stocking shelves were sent home days before store-opening as Shoprite had not obtained a proper licence of the store. As of the time reported they had been without pay for three months and unsure of their future. Delays and closures may be frustrating to Shoprite’s head office; it is far more serious for the workers who are without work and pay. As it seeks to grow operations quickly in the regions it will also close operations quickly where stores have proved unprofitable leaving workers unemployed as is the case in Tanzania. After closing Slipway store in Dar es Salaam in April 2009, the retailer shut the one at Mayfair Shopping Centre, where it had 32 employees, in October 2009 because it was making losses. This was the fourth outlet in Tanzania to be closed since it started operations in the country in December 2001. 6 Financials Shoprite continues to prosper. Both sales and profit maintain an upward trend despite global economic misery. In 2009 sales increased 24.5 percent to nearly R60 billion. Profits likewise increased by 23 percent to R3 billion. The success of Shoprite in Africa has been attributed by some analysts to its sourcing of a high proportion of goods from outside the host country very quickly applying a highly centralised form of sourcing and distribution where goods are stored and distributed from one central point in South Africa. Figure 1: Rising Sales at Shoprite R59,318,600,000 R60, 000, 000, 000 R50, 000, 000, 000 R47,651,500,000 R40, 000, 000, 000 R30, 000, 000, 000 R33,511,300,000 R38,949,800,00 R29, 704, 200, 000 R20, 000, 000, 000 R10, 000, 000, 000 R2005 2006 2007 2008 2009 Source: Shoprite annual reports 2005 - 2009 Figure 2: Rising Profits at Shoprite R3,018,100,000 R3,000,000,000 R2,461,300,000 R1,434,600,000 R2, 000, 000, 000 R1,708,100,000 R1,002,900,000 R1, 000, 000, 000 R2005 2006 2007 2008 2009 Source: Shoprite annual reports 2005 - 2009 The cheaper imports and economies of scale give Shoprite its competitive edge over other bigger and smaller retailers in Africa. Recent research in Zambia shows that about 65 percent of Zambian store products originated in South Africa, with some perishable items coming from Zimbabwe. This raised concerns among local Zambian producers who lost their consumers as their goods were regarded as inferior. The standards and efficiency requirements that Shoprite puts on its producers for quality and standardization has barred the entry of many small-scale local suppliers despite the company’s stated policy of nurturing local producers. 7 Directors The 2009 annual report reveals that the executive directors earned on average nearly R7 million in 2009, a rise of 28 percent on the previous year. This is 5 percent more than the increase in profits over the same period. But what the average executive earned is small compared to what the CEO, James (Whitey) Basson, took home in 2009. His salary of R 19.3 million was a 47 percent increase on his 2008 figure, with benefits this figure rises to R24 million. His increase was double the percentage increase of profits for that year. Figure 3: Average executive pay at Shoprite R6,863,000 R6,000,000 R5,635,000 R4,795,000 R4,000,000 R2,000,000 R2007 2008 2009 Source: Shoprite annual reports 2007 - 2009 Figure 4: CEO pay at Shoprite R24,128,000 R20,000,000 R16,640,000 R12,638,000 R10,000,000 R0 2007 2008 2009 Source: Shoprite annual reports 2007 - 2009 8 When asked about it, the chairman of the board said that the CEO received this salary because he was worth it. It raises the question as to what value Shoprite attributes to its workers. According to the agreement between Shoprite and SACCAWU the minimum wage in South Africa was R22,800 per year in 2007 and it would therefore take 554 years for the average worker to earn what the CEO earned in that year. The CEO’s remuneration in 2009 was R24, 128 ,000, double that of 2007, while the minimum wage increased by less than 10 percent to R24, 000. A worker in South Africa had to work 1, 005 years to earn what the CEO earned in 2009. The 2007 study, ‘The Sting in the Tail’, revealed that wages were even lower in other countries. The annual minimum wage in 2007 was an equivalent of R3,168 in Madagascar which means that an average Shoprite worker in Madagascar would have to work nearly 4,000 years to earn what the CEO earned in that year. On top of his annual pay the CEO also cashes in share options valued at R276 Million just before Christmas 2009 and still holds around 10.7 Million shares worth R702 Million Employment The 2009 Annual Report states that ‚At the end of the reporting period the Group provided permanent employment to 83 866 people in the 17 countries where it does business. An additional 10 493 people were employed in a time when thousands of people were made redundant. Of the total number of people employed, 61 050 are black, 15 861 coloured, 2 950 Indian and 4 005 white. Women represented 65.4% of staff. The number of casual and other labour employed is not noted in the report. The February trading update states that the total employee figure is now 89 000. Unionisation is extremely difficult at Shoprite, however, unions in most countries have made great strides as unions have indicated in the table below. 9 Country Union Number Of Workers Number Of Shoprite Workers Percentage Of Shoprite at Shoprite belonging to Union Workers belonging to Union Men Women Total Men Women Total Men Women Ghana UNICOF 118 85 203 55 83 110 47 98 54% Madagascar FI SE MA 227 178 405 32 39 71 14.1 21.9 17.5% Malawi CIAWU 113 177 290 50 60 110 44 34 38& Mauritius CAFTEU 128 177 305 128 177 305 100 100 100% Namibia NAFAU Nigeria NUDSE 96 80 70 80 72.9 100 85.2% South Africa SACCAWU Tanzania TUICO 170 182 352 117 120 237 69 66 67% Uganda UHFTAWU 138 119 257 60 44 104 43.5 37 40.4% Zambia NUCIW Zimbabwe CWUZ 11 10 11 10 100 100 176 150 36% 24 173 67 383 48.6% 1000 2058 21 100% 505 505 21 Total 100% As reported by national unions there is still a low level of union organisation of casual workers with only South Africa, Mauritius and Ghana reporting union organisation of casual or non-full-time workers. The total number of workers in Madagascar has risen as has the number of union members and union density has increased by over 10 percent since the previous survey, while both union numbers and percentage membership has dropped by nearly 20 percent in South Africa with 49 percent (2007 – 75 percent) of full time workers organised and 30 percent (2007 – 42 percent) of part-time workers in the union as at February 2010. It has been highlighted that unions continue to be weakly organized in Namibia, Botswana and Swaziland; Alliance members must assist these countries with their organizing efforts. Industrial Relations Since the last report two years ago trade unions have taken up issues of wages, conditions of employment, racism and the casualisation of labour with Shoprite. Some of this has led to industrial action as has been reported in Malawi, Zambia and Namibia. Malawi: In October of 2009 workers at the operation in Blantyre went on strike demanding better working conditions and protesting against racist remarks made by management against local workers. The store also refused to employ casual workers on a full-time basis after they had worked there for many years. It was prepared to ‘upgrade’ them to part-time employees. The Malawi Shoprite Workers Union demanded that ‘white’ managers change their attitude towards local employees and stop calling them ‘kafirs’, ‘monkeys’ and other racist names. The government intervened to resolve the dispute calling on management to change its attitude to workers. 10 In December 2009, workers at Lilongwe’s main Shoprite store went on strike demanding 50 percent annual increment from management due to increasing commodity, educational and rental prices. The company reached a settlement of 15 percent; however, subsequently worker leaders were fired for ‘staging an illegal strike’. Workers were reinstated after government intervention. Zambia: In July 2009 Shoprite workers in Zambia went on strike demanding higher wages and a pension scheme. Negotiations on the pension scheme had dragged on for four years. Government intervened asking the company to reach a settlement with workers; however, workers came out on strike in August after the company refused to make acceptable offers. After a meeting between the Minister of labour and the Shoprite CEO, a Memorandum of Understanding based on workers’ demands was agreed to between management and the NUCIW. Namibia: In February 2010 a consumer boycott of Shoprite was called for by the National Union of Namibian Workers (NUNW) to which NAFAU is affiliated to highlight the continued rise in the in-formalisation and casualisation of labour especially by companies of foreign origin such as Shoprite. Shoprite denies that it uses casual labour in Namibia, insisting that all its employees are on contracts. The union however remains unsatisfied with precarious employment at Shoprite. Tanzania: In the 2008 negotiations TUICO achieved a 51 percent increase for workers when allowances such as meals, transport and house rentals are included. TUICO achieved this after mobilising workers and showing management the huge wage disparities between workers in Tanzania and workers in South Africa using the research produced for the Shoprite Alliance. 11 Challenges for the Shoprite Alliance Ownership and control With the bulk of shares in the hands of the Chairman and the CEO, their interests dominate and become the interests of the company as a whole. While other shareholders have to actively protect themselves within the little space provided in company law, as was the case when the executive mooted a private equity buy-out, unions have no space to challenge these dominant interests other than relying on their organised power. As with the case of the signing of the GFA, it is only through solidarity and organising that the union will win space for dialogue, access to information and a voice for workers interests. Management style The management of Shoprite is highly centralised with store and country managers having to report to and obtain consent from Head Office which impedes the company’s responsiveness to workers’ issues at a local and national level. Unions have raised that management needs to be more responsive to workers’ and local issues. This should be done through creating consultative processes at branch and national level as well as the appointment of managers that understand local dynamics, respect workers and are prepared to engage with the union as a partner. To date the company has shown little enthusiasm for embracing consultation and dialogue and it will require huge efforts on the part of trade unions to bring about this change. Financial Shoprite repatriates all profits from regional operations back to South Africa which entrenches unequal regional integration in Africa. Given the highly centralised financial strategy of the company, unions will be at pains to re-orientate the company towards contributing to equitable regional integration of the continent. Expansion The company’s expansion strategy is driven purely by short-term profit-making. This will lead to sporadic opening and closing of stores with little regard for workers employed at these stores or communities in which these stores operate. Unions will not find it easy to introduce corporate social responsibility in a company whose triple bottom line is ‘profit, executive bonuses and shareholder dividends’. 12 The Wage Gap and Wage Differentials Shoprite pays low wages using national minimum wages as a benchmark wherever it goes. This has led to unequal wages being paid to workers in different countries who do the same work. The wage gap between workers and directors continues to grow annually. The unions will be hard-pressed to undo this long-practiced unfair distribution of reward within a company that values the rich and powerful. Nature and conditions of employment While employment at Shoprite increased by eleven thousand in the 2009 financial year, unions in the Alliance expressed concern that most workers are employed on a part, ‚key or flexi-time basis with a massive replacement of permanent employees with labour brokers. This has been a long-term strategy of Shoprite to ensure reduced labour costs. Trade unions will have an uphill battle to get the company to introduce full-time employment, pension schemes, reduced hours of work and other benefits. The Way Forward The Shoprite Shop Steward Alliance is committed to grab the bull by the horns. At the Alliance meeting in April 2010 the following organising and bargaining strategies were discussed and adopted. Recruitment at new stores: Unions will monitor the opening of stores in new regions and deploy organisers to recruit new employees to increase union representation and defend the rights of new employees. Recruitment across all forms of employment: Unions will recruit workers in all forms of employment and across grades and job functions to combat the divide and rule tactics of Shoprite. Trade union unity: In countries where more than one union organises at Shoprite, UNI will assist to build unity and lay the basis for one union in Shoprite. 13 National Shop Steward Councils: Unions will ensure the formation of national shop steward councils to provide a democratic structure through which workers can struggle for their rights. Collective bargaining: Trade unions will intensify collective bargaining in all countries and share their experiences with each other. Communication: UNI will develop communication systems and tools to raise awareness among Shoprite workers and the broader public about the struggle of the Alliance for decent work and decent life. The next milestone for the Alliance is the successful outcome of the first discussion forum between UNI and Shoprite management. While UNI will table proposals coming from national unions to management, it is sure to encounter resistance and inflexibility. The Alliance will mobilise from branch to national to regional in preparation for this meeting. 14