<\/p>\n
The Department of Employment and Labour on Tuesday agreed to an order that it cannot lawfully grant any grace period or amnesty to employers in the clothing manufacturing industry who continue to flout labour laws.<\/p>\n
The National Bargaining Council for the Clothing Manufacturing Industry launched urgent court proceedings in the labour court in Durban in late August, after several Chinese-owned manufacturers refused access to its inspectors.<\/p>\n
The owners claimed they were protected by an 18-month labour department pilot project, under which they said 31 factories (called the G31) were exempted from complying with the council\u2019s main collective agreement.<\/p>\n
Read:<\/p>\n
\u2018Sweatshop\u2019 conditions behind proudly South African clothes
\nSweatshops: Action taken against another clothing manufacturer<\/p>\n
Because of administrative issues at the court, the matter was not fully argued.<\/p>\n
Instead, lawyers for the department agreed to an order, granted by Judge Edwin Tlhotlhalemaje, conceding that it had no authority to grant any amnesty, and that its pilot project focusing on compliance within the Newcastle clothing industry did not permit or endorse interference with the council\u2019s functions.<\/p>\n
The G31 group, however, refused to agree to the order and the matter against them was adjourned to 12 October to determine if they are bound by the collective agreement.<\/p>\n
\u2018Sweatshops\u2019<\/p>\n
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The bargaining council has in recent months taken aim at what it calls non-compliant \u201csweatshops\u201d around KwaZulu-Natal.<\/p>\n
In its application it said the department had no right to interfere with its work and no other body could enforce the main collective agreement, or excuse compliance with it.<\/p>\n
The council said since the launch of the department\u2019s National Advocacy Pilot Project titled \u2018Decent Work in the Chinese Business Community, KwaZulu-Natal Province \u2013 Textile Sector, Newcastle\u2019, its inspectors were being refused access to factories.<\/p>\n
Read:<\/p>\n
Migrant exodus leaves gap SA may battle to close
\nKZN clothing factory owners warn of collapse as immigrant workers leave<\/p>\n
In written submissions filed with the court, the council said for as long as the G31 factories are permitted to operate outside of its reach, non-compliance with basic conditions of employment would continue and the victims would be vulnerable workers, and the rule of law [ignored].<\/p>\n
This would also result in a culture of impunity \u201cwhich will set in and spread through the clothing manufacturing industry\u201d \u2013 with other manufacturers taking the view that they also did not need to comply or that they should suspend the payment of fees to the council.<\/p>\n
In spite of the council\u2019s attempts to get clarity from the department, none had been forthcoming.<\/p>\n
The council said while the G31 companies were opposing the application, in their preliminary answering affidavit they had not disputed that they had refused access to inspectors and they did not disavow their reliance for this on the project.<\/p>\n
\u201cThat silence is telling,\u201d the council submitted.<\/p>\n
The G31 has however asked for leave to file a further affidavit.<\/p>\n
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While the department, through the minister, initially noted an intention to oppose the application, it then only filed an \u201cexplanatory affidavit\u201d in which it withdrew opposition.<\/p>\n
Elias Yawa, who is deployed as the labour department\u2019s acting chief director of statutory and advocacy services, said this was because the department had the same aims and objectives as the council: to enforce compliance with the main collective agreement.<\/p>\n
Read: New rebate on certain imported yarns and textiles is complex [2021]<\/p>\n
He said a group of companies had approached deputy minister Jomo Sibiya in February for assistance in achieving compliance and as a result the project \u201cto educate the sector\u201d was formulated.<\/p>\n
Yawa said at subsequent meetings with all stakeholders, it was made clear there would be no exemptions granted. The project, which was to be conducted in various stages, had not yet been implemented, he said.<\/p>\n
\u00a9 2026 GroundUp. This article was first published here.<\/p>\n
#Labour #department #amnesty #Chineseowned #clothing #factories<\/p>\n","protected":false},"excerpt":{"rendered":"
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