GLOBALG.A.P. Risk-Assessment on Social Practice (GRASP) GRASP Module - Interpretation for South Africa
←
→
Page content transcription
If your browser does not render page correctly, please read the page content below
GLOBALG.A.P. Risk-Assessment on Social Practice (GRASP) GRASP Module – Interpretation for South Africa GRASP Module Version 1.3-1-i June 2020 Valid from: 14 October 2020 Mandatory from: 1 November 2020 English Version Developed by NTWG South Africa (Updated October 2020)
Control Point Compliance Criteria Interpretation for South Africa
EMPLOYEES’ REPRESENTATIVE(S)
1 Is there at least one Documentation is available which The employee’s representative is not a management
employee or an demonstrates that a clearly identified, named representative, but clearly represents the interests of the
employees’ council to employees’ representative(s) or an employees.
represent the interests employees’ council representing the interests
of the staff to the of the employees to the management is It is suggested that the size of the employee's council shall reflect
management through elected or in exceptional cases nominated by the total number of employees working on the farm (e.g. one
regular meetings where all employees and recognised by the representative per 50 employees), as well as the gender and race
labor issues are management. The election or nomination of the workforce.
addressed? takes place in the ongoing year or production It is recommended to give training to management and
period and is communicated to all
employees. The employees´ employees / committee members on the functions of such
representative(s) shall be aware of committees, meeting procedures, leadership, etc.
his/her/their role and rights and be able to
discuss complaints and suggestions with the For GRASP compliance, in addition to the local law, the farm shall
management. Meetings between employees´ have a representative or a form of representation when the farm
representative(s) and the management occur has more than 1 employee (employee concept is defined in
at accurate frequency. The dialogue taking section 9.2 of the GRASP General Rules).
place in such meetings is duly documented. Any producer with minimum of one (1) employee shall have a
form of employees’ representation that can be applied to meet the
GRASP requirements as indicated in the different control points
with respect to the employees’ representative (ER).
The ER or in alternative scenarios, the person (people)
responsible for the system of representation shall be present
during the assessment.
This form or representation could take any form (could be a
person, group of people, several temporally appointed people,
etc.) as long as:
• It is independent from management
• It is decided by the employees
• It is communicated to the employees
• It is recognized by the employees
–– GRASP Module - Interpretation for South Africa 2 / 10 ––Control Point Compliance Criteria Interpretation for South Africa
COMPLAINT PROCEDURE
2 Is there a complaint and A complaint and suggestion procedure All employees are protected by the Labour Relations Act No.66 of
suggestion procedure appropriate to the size of the company exists. 1995, and Chapter 2, Section 9, specifically refer to grievance
available and The employees are regularly informed about procedures.
implemented in the its existence, complaints and suggestions Employees must first try to solve their dispute internally, and if it is
company through which can be made without being penalized and are unsatisfied they can refer the dispute to the CCMA.
employees can make a discussed in meetings between the It is recommended that employees (and management) are trained
complaint or employees´ representative(s) and the in both the grievance and disciplinary procedures of the company.
suggestion? management. The procedure specifies a time
frame to answer complaints and suggestions
and take corrective actions. Complaints,
suggestions and follow-up solutions from the
last 24 months are documented.
SELF-DECLARATION ON GOOD SOCIAL PRACTICES
3 Has a self-declaration The management and the employees’ Subcontracted labor shall be included in the scope of GRASP and
on good social practice representative(s) have signed, displayed and its obligations.
regarding human rights put in practice a self-declaration assuring
been signed by the good social practice and human rights of all Is there any national legislation on data protection that does not
management and the employees. This declaration contains at least allow to share documents or to visit premises
employees’ commitment to the ILO core labor of the subcontractor?
representative and has conventions (ILO Conventions 111 on
this been communicated discrimination, 138 and 182 on minimum age South Africa has ratified all the core conventions of the ILO.
to the employees? and child labor, 29 and 105 on forced labor, It is recommended that the declaration also include, all SA Labour
87 on freedom of association, 98 on the right
to organize and collective bargaining, 100 on Legislation in this regard, specifically discrimination (Labour
equal remuneration and 99 on minimum Relations Act No.66 of 1995, Schedule Seven Part-B 2 (a)), Child
wage) and transparent and non- Labour (Basic Conditions of Employment Act No. 75 of 1997,
discriminative hiring procedures and the Chapter 6), freedom of association and the right to organize and
complaint procedure. The self-declaration bargain collectively (Labour Relations Act No.66 of 1995, Chapter
states that the employees´ representative(s)
can file complaints without personal 2) and minimum wages (Government Gazette 31888 Part B).
sanctions. The employees have been The declaration as well as all applicable legislation (summaries)
informed about the self-declaration and it is need to be made available to the workplace and as far as
revised at least every 3 years or whenever
–– GRASP Module - Interpretation for South Africa 3 / 10 ––Control Point Compliance Criteria Interpretation for South Africa
necessary. possible in the language(s) of employees, and employers shall
explain these to employees. In case of illiteracy amongst the
employees, an according communication strategy shall be
implemented (e.g. use of pictograms, training etc.).
ACCESS TO NATIONAL LABOR REGULATIONS
4 Do the person The responsible person for the In case the workers do not elect an employees’ representative, an
responsible for the implementation of GRASP (RGSP) and the alternative system shall be in place to provide for the role of
implementation of employees’ representative(s) have the employees’ representation in this CP.
GRASP (RGSP) and the knowledge of or access to national
employees’ regulations such as gross and minimum
representative(s) have wages, working hours, trade union It is a legal requirement that the latest versions of the following
knowledge of or access membership, anti-discrimination, child labor, acts (summaries) are available to all employees (e.g. on posters,
to recent national labor labor contracts, holiday and maternity leave. in the language appropriate to the workforce, where available):
regulations? Both the RGSP and the employees´ • Basic Conditions of Employment Act, No.75 of 1997 (BCEA)
representative(s) know the essential points of
working conditions in agriculture as • Sectoral Determination 13; Farm Worker Sector
formulated in the applicable GRASP National • Labour Relations Act No.66 of 1995
Interpretation Guidelines. • Extension of Security of Tenure Act No.62 of 1997
• Occupational Health & Safety Act No.85 of 1993
• Employment Equity Act No.55 of 1998
• Skils Development Act No.97 of 1998
• Unemployment Insurance Amended Act, No 32 of 2003.
• Compensation for Occupational Injuries and Diseases Amended
Act, No 62 of 1997.
It is suggested that management, staff and employee
representatives receive training in all current applicable labour
legislation.
WORKING CONTRACTS
5 Can valid copies of For every employee, a contract can be All employees shall be informed in writing and with
working contracts be shown to the assessor on request (on a comprehensible data about their employment conditions and its
shown for the sample basis). Both the employees as well
–– GRASP Module - Interpretation for South Africa 4 / 10 ––Control Point Compliance Criteria Interpretation for South Africa
employees? Are the as the employer have signed them. Records compliance with national legal requirements.
working contracts contain at least full names, nationality, job
compliant with description, date of birth, the regular working Employers are by law obliged to keep records of all employees.
applicable legislation time, wage and the period of employment
and/or collective (e.g. permanent, period or day laborer etc.) These include pay slips as well as a service agreement (Basic
bargaining agreements and for non-national employees their legal Conditions of Employment Act No.75 of 1997, Chapter 4).
and do they indicate at status and working permit. The contract does Records need to be kept for 3 years (Basic Conditions of
least full names, a job not show any contradiction to the self- Employment Act No.75 of 1997, Chapter 4).
description, date of birth, declaration on good social practices. Records According to the Basic Conditions of Employment Act No.75 of
date of entry, wage and of the employees must be accessible for the
the period of last 24 months. 1997 Chapter 4 (29)), all employees must have contracts of
employment? Have they employment.
been signed by both the The contract must include the following:
employee and the (a) full name and address of the employer;
employer? (b) name and occupation of the employee, or a brief description
of the work ;
(c) various places of work;
(d) date of employment;
(e) ordinary (regular) hours of work and days of work;
(f) wage or the rate and method of calculating;
(g) rate for overtime work;
(h) any other cash payments;
(i) any payment in kind and the value thereof;
(j) frequency of remuneration;
(k) any deductions;
(l) leave entitlement;
(m) period of notice or period of contract;
(n) description of any council or sectoral determination which
covers the employer’s business;
(o) period of employment with a previous employer that counts
towards the period of employment;
–– GRASP Module - Interpretation for South Africa 5 / 10 ––Control Point Compliance Criteria Interpretation for South Africa
(p) list of any other documents that form part of the contract,
indicating a place where a copy of each may be obtained.
PAY SLIPS
6 Is there documented The employer shows adequate Pay slips and a pay slip acceptance signature of the employee
evidence indicating documentation of the salary transfer (e.g. are a legal requirement.
regular payment of employee’s signature on pay slip, bank The Basic Conditions of Employment Act No.75 of 1997,Chapter
salaries corresponding transfer). Employees sign or receive copies
to the contract clause? of pay slips / pay register that make the 4 (33-35)) prescribes what must be reflected on a pay slip:
payment transparent and comprehensible for (a) employer’s name and address;
them. Regular payment of all employees (b) employee’s name and occupation;
during the last 24 months is documented. (c) period of payment;
(d) remuneration in money;
(e) any deduction made from the remuneration;
(f) the actual amount paid; and
(g) if relevant to the calculation of that employee’s remuneration;
(h) employee’s rate of remuneration and overtime rate;
(i) number of ordinary and overtime hours worked during the
period of payment;
(j) number of hours worked on a Sunday or public holiday during
that period;
and
if an agreement to average working time has been concluded, the
total number of ordinary and overtime hours worked in the period
of averaging.
WAGES
7 Do pay slips / pay Wages and overtime payment documented Minimum wages are regulated through Government Gazette No.
registers indicate the on the pay slips / pay registers indicate 31888, which is available at the government printers or the
conformity of payment compliance with legal regulations (minimum internet (http://www.labour.gov.za/DOL/legislation/sectoral-
with at least legal wages) and/or collective bargaining
regulations and/or agreements as specified in the GRASP determinations/sectoral-determination-13-farm-worker-sector).
collective bargaining National Interpretation Guideline. If payment Minimum wages change at the discretion of the Minister of
–– GRASP Module - Interpretation for South Africa 6 / 10 ––Control Point Compliance Criteria Interpretation for South Africa
agreements? is calculated per unit, employees shall be Labour.
able to gain at least the legal minimum wage
(on average) within regular working hours.
NON-EMPLOYMENT OF MINORS
8 Do records indicate that Records indicate compliance with national Children or young workers of company management shall be
no minors are employed legislation regarding minimum age of included in the GRASP assessment.
at the company? employment. If not covered by national
For GRASP compliance, no young worker (between 15 and 18)
legislation, children below the age of 15 are shall work in any activity that is dangerous to their health and
not employed. If children -as core family safety, jeopardizes their development or prevents them from
members- are working at the company, they finishing their compulsory school education.
are not engaged in work that is dangerous to
their health and safety, jeopardizes their
development or prevents them from finishing The Basic Conditions of Employment Act No.75 1997 (Chapter 6,
their compulsory school education. 43 and 44 amended Government Gazette No 37955, 29 August
2014) prohibits the employment of persons under the age of 15
and restricts the employment of children age of 15 or older (age
15-18 (Government Gazette No 28518, 17 February 2006) ) as
follows:
• No overtime
• No dangerous/hazardous work.
• Not more than 35 hours of work a week.
• Specific records of these employees to be kept with copy of ID
document
(Basic Conditions of Employment Act No.75 1997 (Chapter 6, 47
amended Government Gazette No 37955, 29 August 2014)
All legal conditions of employment described in the other control
points are equally applicable for young workers (contracts,
minimum wage etc.).
–– GRASP Module - Interpretation for South Africa 7 / 10 ––Control Point Compliance Criteria Interpretation for South Africa
ACCESS TO COMPULSORY SCHOOL EDUCATION
9 Do the children of There is documented evidence that children According to SA legislation, the minimum school leaving age is 15
employees living on the of employees at compulsory schooling age (South African Schools Act, 1996 (Act No. 84 of 1996)).
company´s production/ (according to national legislation) living on
handling sites have the company´s production/ handling sites
access to compulsory have access to compulsory school education,
school education? either through provided transport to a public
school or through on-site schooling.
TIME RECORDING SYSTEM
10 Is there a time recording There is a time recording system Records are regularly revised by the employees and accessible
system that shows implemented appropriate to the size of the for the employees´ representative(s)
working time and company that makes working hours and Farm management shall look for an alternative means
overtime on a daily overtime transparent for both employees and of employees’ representation to avoid non-compliance in those
basis for the employer on a daily basis. Working times of CPCCs. The alternative means shall keep the objectivity, be
employees? the employees during the last 24 months are decided, appointed or elected by the workers and keep the
documented. Records are regularly approved separation from the management.
by the employees and accessible for the
employees´ representative(s). If a daily time recording system is not implemented (e.g. fixed
contracts, fixed working hours, fixed monthly salary), alternative
way(s) of recording working hours shall be available. Evidence
and explanation shall be provided.
Records need to be kept of working hours to determine overtime
and also to ensure working hours.
Records need to be kept for 3 years (Basic Conditions of
Employment Act No.75 of 1997, (Chapter 2).
WORKING HOURS AND BREAKS
11 Do working hours and Documented working hours, breaks and rest For GRASP compliance, even when permitted by the law, the
breaks documented in days are in line with applicant legislation total number of hours, including overtime and ordinary, SHALL
the time records comply and/or collective bargaining agreements. If NOT exceed 60 hours per week in any week of the year.
with applicant legislation not regulated more strictly by legislation, This shall be checked by auditor.
and/or collective records indicate that regular weekly working
–– GRASP Module - Interpretation for South Africa 8 / 10 ––Control Point Compliance Criteria Interpretation for South Africa
bargaining agreements? hours do not exceed a maximum of 48 hours,
during peak season (harvest), weekly The Basic Conditions of Employment Act No.75 of 1997, Chapter
working time does not exceed a maximum of 2) clearly specifies normal working hours, overtime, breaks, etc.
60 hours. Rest breaks/days are also
guaranteed during peak season. Normal working hours are 45 hours / week, however the detailed
calculation of working hours is complex and therefore specified in
the Act.
ONLY APPLICABLE FOR PRODUCER GROUPS
INTEGRATION INTO QMS
QMS Does the assessment of The assessment of the Quality Management --
the Quality Management System of the producer group demonstrates
System (QMS) of the that GRASP is correctly implemented and
producer group show internally assessed. Non-compliances are
evidence of the correct identified and corrective actions are taken to
implementation of enable compliance of all participating
GRASP for all producer group members.
participating producer
group members?
ADDITIONAL SOCIAL BENEFITS
R1 What other forms of Under this control point, any social benefit provided to the
social benefit does the employees by the producer can be documented (e.g. skills
company offer to development plans, measures taken in the frame of Broad Based
employees, their
families and/or the Black Economic Empowerment etc.).
community? Although Broad Based Black Economic Empowerment is not a
Please specify legal requirement in South Africa, BBBEE can be seen as the
incentives for good and most contributing factor to social development as this measures a
safe working company’s contribution to the development of previously
performance, bonus
payment, support of disadvantaged people. For BBBEE a business is measured in the
professional following categories (as outlined in Broad Based Black Economic
development, social Empowerment Amendment Act 46 of 2013 Government Notice 55
benefits, child care, in Government Gazette 37271, 27 January 2014):
–– GRASP Module - Interpretation for South Africa 9 / 10 ––Control Point Compliance Criteria Interpretation for South Africa
improvement of social • Ownership
surroundings etc.). • Management Control
• Employment Equity
• Skills Development
• Preferential Procurement
• Enterprise Development
• Social-Economic Development
The BBBEE Act code of good practice define social-economic
development as follows:
• Development programmes (especially for Black Designated
Groups as defined in Code 100)
• HIV/ AIDS and healthcare support
• Support to schools and educational assistance through
bursaries
• Skills development for the unemployed; ABET programme
support
• Support for arts and culture
• Guarantees/ security for beneficiaries
• Development capital for beneficiary communities
• Training/ mentoring of communities to assist them to increase
their financial capacity
• Investment in the social wage of employees (e.g. housing,
transport and healthcare
–– GRASP Module - Interpretation for South Africa 10 / 10 ––You can also read
