Durban - The arbitration process against employers not paying agreed minimum wages to clothing industry workers will take a step forward next week when employers start appearing at hearings for failing to respond to National Bargaining Council (NBC) compliance orders.
Leon Deetlefs, the NBC's national compliance manager, said yesterday that the next step would involve applying to the labour court and the Commission for Conciliation Mediation and Arbitration to convert the arbitration awards into court orders.
"Employers who do not comply will then be issued with a writ of execution giving the NBC the right to attach all their assets. Manufacturers could also be arrested for contempt of court," he said.
The process is expected to take two to three months and fines could range from R50 to R1 000 an employee, depending on the nature and extent of non-compliance.
The NBC's agreement with clothing manufacturers was extended to include non-metropolitan areas with effect from July 28 last year.
In terms of the Labour Relations Act, the council is responsible for enforcing a wide range of requirements, including wages and provident and medical aid contributions, and has been given the enforcement powers previously exercised by the department of labour.
This has freed up the department to focus on employer compliance with the Unemployment Insurance Fund, Occupational Health and Safety Act and Employment Equity Act.
During the previous year, the council was only responsible for enforcing agreements in the metropolitan areas, where set minimum wages were R4.95 an hour compared with R2.66 an hour in non-metropolitan areas.
Deetlefs said very few of the 907 companies issued with compliance orders had responded. The companies were tracked down in a comprehensive national grid campaign to register employers and employees.
"The worst case was a Newcastle employer who was forced to close down after being charged with paying a qualified machinist R76 a week," Deetlefs said.
Other hotspots have been identified as Botshabelo near Bloemfontein and Phuthaditjhaba near Harrismith.
The Cut Make and Trim Employers Organisation last week said virtually all its members paid less than the minimum wage as large companies paid cut, make and trim operators less than their own production costs for outsourced jobs.