Honourable Members of the Chinese Diplomatic Corps
Members of the Chinese Business Community
Inspector-General
DDG: PES
CCMA Commissioner
Senior Management & Officials of the Department
Distinguished guests and Stakeholders
Today's Strategic Advocacy Session with the Chinese Business Community in Gauteng in general, and Johannesburg in particular, is long overdue. This is due to serious and unacceptable working conditions that workers are subjected to and have had to endure in Chinese workplaces. This statement may seem harsh, but it is a reality that we cannot run away from. A case in point would be the textile factories in the Mandeni and Newcastle area. I have had a first-hand experience of the plight of workers in those areas. However, all is not lost. Because of the dire state of affairs in those areas, It necessitated interventions of this nature and at this level.
The Department has officially met with the Chinese Diplomatic Service in Pretoria and shared our concerns about the flagrant non-compliance with South African employment and labour laws by Chinese businesses in South Africa.
Today's advocacy session is aimed at raising awareness of our South African Labour Laws to Chinese businesses. We remain optimistic that there will be full compliance to our employment and labour laws. After all, where there is a will, there is always a way. This event comes at the heels of a similar intervention that was held in Newcastle earlier this month. I must say that these gatherings are a silver lining in the dark cloud of noncompliance.
I am urging strict compliance with South African labour laws, safe working conditions, and the provision of proper working contracts. Our South African Government is committed to support foreign investment and economic growth. However, this cannot be at the cost of non-compliance with labour legislation.
I am therefore highlighting the following:
Where non-compliance is persistent, there must be consequences. Failure to comply with labour laws undermines worker dignity, fair competition, and economic stability. Fair and equitable wages, working hours, leave periods and fair working conditions in general must be adhered to. Furthermore, it should be an anomaly to have workers who get injured in the course of work, contract diseases or worse, lose their lives.
I am calling for a move from Compliance to Prevention. It will not only require a shift in the mindset to achieve this, but a different way of doing things. Compliance is the starting point. Prevention is the destination. Compliance is a sprint; prevention is a marathon.
There has been strong support for decisive action against non-compliance and greater collaboration in enforcement processes. Labour Inspectors remain at the centre of the efforts; they are not merely regulators. They are protectors of workers' lives and dignity. At the same time, enforcement must be understood not as punishment, but as a corrective mechanism ensuring that workplaces meet the standards of Decent Work and Health and Safety, as well as fairness and dignity as expected in our country.
This requires partnership. While employers and workers work together to achieve this reality, government must provide a strong regulatory framework, effective enforcement, and coordination across institutions.
When employers and workers work together, compliance to employment and labour laws becomes a culture and both parties as well as South Africa benefits. I therefore urge all Chinese businesses to comply with our labour laws and regulations.
I THANK YOU.
© 2019 - The South African Department of Employment & Labour