South Africa
The dirty truth about SA’s clothing bargaining council
Comment by The ReDress Consultancy
We told you that the Phase-in Agreement would not work.
On the 25th March 2011, The ReDress Consultancy wrote, “All non-compliant companies can undertake to meet the 70% compliance needed by the end of this month and follow the Phase-In Agreement. However, there is no guarantee that they would be able to sustain the Phase-in approach due to a fluctuating trading regime, further wage increases and input cost rising. There is a clause in the agreement stating if any company violates the agreement they are liable to face legal action.”
We again mentioned this in May.
Surely, by admitting that the bargaining council now has to take action against companies who cannot meet the Phase-In Agreement validates The ReDress Consultancy’s argument that the entire process is flawed and would not work.
It is imperative that both Sactwu and the bargaining council come to this realization and seek an alternative. The alternative was provided to them months ago but they refused to even contemplate it. Months of resources, energy and money has been spent on this worthless process and along the way hundreds of workers lives have been destroyed through factory closures. Sactwu and the bargaining council must admit defeat.
The dirty truth about SA’s clothing bargaining council
A sick, sick system that no one will fix.
JOHANNESBURG - While the clothing industry’s National Bargaining Council has assumed a moral high-ground and refuses to entertain a new wage structure for factory workers, some of the council’s own members are outsourcing their manufacturing to other factories that do not comply with minimum wages.
And when they are not outsourcing to non-compliant SA factories they are outsourcing to factories in Lesotho and Swaziland which pay lower wages than those in SA.
This is happening as the bargaining council has issued writs of execution – 15 in the last two weeks alone - to 109 non compliant companies affecting roughly 6 400 employees. “That is the end of the line for those companies. At this point the assets of those companies are attached,” says Leon Deetlefs, compliance manager for the NBC. Another 252 companies are likely to meet the same fate. These factories signed a memorandum with the union and agreed to raise their wages in three steps until they are fully paid up and compliant by April next year. But these 252 have already fallen behind the 70% (of the minimum wage) due in April this year. “We will have to act against those companies,” he says.
The bargaining council is a 50/50 partnership between the trade union Sactwu and the formal manufacturing sector, represented by the Apparel Manufacturers of SA (Amsa), which collectively sets wages and other terms of employment which are then applied across the rest of the industry.
Johann Baard, executive director at Amsa says the problem is that as fast as the council acts against one factory, another springs up. “Non compliant companies are ‘mushrooming’ throughout SA. We have to act to protect our members. If you can’t be compliant you shouldn’t be in the industry.”
NBC members argue that non compliant companies are creating unfair competition by paying lower wages. The non compliant companies reply that the minimum wage – which has risen from R262 in 2003 to R516 in 2010, and is set to rise in September – is unsustainable in the face of pressure from retailers who squeeze them for every cent. Labour accounts for 50% of a manufacturer’s costs.
No integrity
But the members themselves perpetuate the problem. As one manufacturer explained to Moneyweb: “The way it works is that factory A (which is registered with the bargaining council and which is compliant) will outsource some of its work to factory B, which is not registered with the bargaining council and pays lower wages and which operates under the radar of SA labour legislation.”
Another well established manufacturer, who won’t rock the boat for fear of losing government work added: “Yes some of the advocates pushing for the closure of companies have relocated their manufacture to Lesotho. There they are paying slave type wages. Where is the morality in that?” He says his company is not following suit. All manufacturers approached by Moneyweb denied they outsourced to non-compliant companies.
SA’s second largest clothing manufacturer, Durban-based Kingsgate Clothing is considering opening a factory in Swaziland. The company supplies retailers such as Jet Stores, Edgars, Sales House and Ackerman’s from 12 factories spread across SA. “We are not relocating,” says Yusuf Vahed, Kingsgate CEO. “The Swaziland Investment Promotion Authority and Industrial Development Corporation are promoting investment in their region. It is not only a wage issue. They are offering other benefits including company tax relief and the waiver of all withholding of taxes on dividends.”
He adds that there is no plan at this stage to reduce employment levels in SA.
Retailers cut orders to Newcastle
While these events take place, the beleaguered factories in Newcastle and Ladysmith face another threat – the loss of business. Retailers fearing the factories will be closed have started to place orders with other factories – often outside of SA– because their supply can be relied upon.
“We have to have stability in the supply chain,” says National Clothing Retailers Federation executive director Michael Lawrence. “Retailers are placing summer orders and right now there is a lot of uncertainty - if these compliance orders are enforced it will affect supply.”
This will ripple throughout the entire industry. “The local supply chain is complex and interwoven. Everyone outsources - the larger manufacturers outsource a lot of work. Ultimately both non compliant and compliant companies will be affected,” says Lawrence.
There is no solution it seems. The bargaining council maintains the status quo. To be fair it is simply enforcing the laws of the country. And there are unscrupulous factory owners in the mix. But this does not justify the intransigence of the bargaining council and the union in particular, on the subject of a new wage dispensation.
Baard rejects the idea that the manufacturers on the bargaining council are complicit in upholding a system that is out of touch with SA’s realities. “We are not the ones shutting those factories down. We have been arguing for 15 years for a new wage dispensation in the industry. We cannot force the unions to change. We have agreed to two moratoriums on these writs. Then we sit for six months and say to the union we need a solution, we need a new wage model. It is my members who are suffering too. It is not that we are uncaring, we are left with no alternative. It would be different if the unions, Cosatu, the politicians and Luthuli House had the will – we need to re-invent the wage dispensation in the country.”
The tragedy is that sourcing merchandise out of China is an increasingly expensive option for SA retailers. Timeframes are long and reliability is deteriorating. If ever there was a time for a revival in SA’s clothing manufacturing industry – this is it.
Court action
Out of desperation The United Clothing Textile Association and a number of factories in Newcastle and Ladysmith – which are painted as the villains in the piece [see link for Palmi's article]– are taking the Bargaining Council and the Minister of Labour to court. Court papers have been filed by Webber Wentzel which is acting on behalf of the manufacturers. “We are waiting for a response from the union and then a court date will be set,” says Alex Liu, chairman of the Newcastle Chinese Chamber of Commerce. “Our fight is not about paying low wages,” says Liu. “It is about the legal status of non compliant companies. They should have the opportunity to legalise, but on realistic terms. We need to link wages to productivity of workers.”
However, this legal battle does not enjoy the support of the broader industry. “This is an industry that is operating in fear,” says Renato Palmi from the Redress Consultancy. “It is fear of intimidation, fear of what may happen to owners and their businesses if they speak to the media or show public support for the Newcastle clothing sector that is under siege.”
It is this fragmentation and lack of collaboration that is making the industry weak, he says. It gives the space for the clothing union and the bargaining council to exploit this vulnerability and in so doing create the impression that it is the Newcastle’s Chinese employers that are the villains, he says.
The non compliant manufacturers have attempted to negotiate with the bargaining council – they retained the services of Palmi’s Redress Consultancy to find a solution to the impasse. “We agreed a minimum wage with the employees and brought it to the union. We wanted to implement incentive schemes – so we can draw in the unskilled and teach them. As they start growing their skills their wages will increase. Further wage increases will be on productivity output,” Palmi says.
The answer was no.
Even compliant manufacturers, such as John Comley who runs Celrose (which produces for Edgars) and Eddles Footwear have found the bargaining council’s refusal to negotiate wages frustrating. “We do have an incentive scheme in place that is linked to productivity, but we wanted to bring in unskilled workers on a lower wage, and gradually bring their salary up to that of a skilled worker as their own skills increase,” Comley says.
The answer was no.
Eighteen months ago manufacturer Richard Garde closed down his factory, rather than have to negotiate with the union.
Today he is a middle man. “We buy materials and contract labour to cut-make-trim operations in SA and Lesotho.”
So what is the solution?
Government needs to decide how badly it wants to create jobs. And then it has to act with authority in an industry that has become expert at blaming someone else for their woes.
Of course that means that the departments of Economic Development, Labour, and Trade & Industry need to sing off the same hymn sheet. Until that happens factories will close and jobs will be lost.
The biggest loser is the country.
Sactwu comment for this story was requested.
Reference:
Moneyweb, Sasha Planting, 13 July 2011