What is important when we talk about responsibilities toward seasonal and foreign labour in South African agriculture?
For the majority of agricultural suppliers, the peak season typically occurs during harvests, when packhouses and processing facilities are operating at full capacity. For many South African farms and suppliers, seasonal workers are utilised during this time, and in some cases, workers from other neighbouring countries.
Seasonal (or temporary) workers, including legal immigrants in agriculture, are protected by the same legislation as a permanent employee, which is governed by national labour law. Most notably, we refer to the Basic Conditions of Employment Act (BCEA) and its relevant Sectoral Determination(s) for agricultural workers, which establish minimum requirements for pay, working hours, leave, and other working conditions. Employers must comply with these rules (and with tax, UIF and other statutory requirements).
We often talk about “ethical” labour and treating employees “ethically”, but what does this mean in terms of the law and SIZA? Although the only requirements imply “obey the law”, ethical treatment of employees, especially seasonal staff, can refer to businesses looking at how to meet these requirements. Some examples can include:
Good and clear induction and ongoing training: Although all businesses conduct induction training with employees, employers are often required to ensure this is done more regularly. This can be in the form of a brief safety induction in the mornings, highlighting the company’s grievance channels and worker representatives, and clearly explaining the production targets.
Clearly written contracts: Contracts form the basis of a formal employment relationship and are designed to ensure that both the employer and employee understand the working relationship, including start/end dates, hours, payment frequency, leave, UIF, transport, and accommodation arrangements. SIZA provides seasonal contract templates that help ensure clarity and compliance, which are available under ‘Resources’ on your MySIZA profile. More information on Contracts is also available in the SIZA Working Hours and Wages guideline, which can be found here.
Comprehensive and transparent recordkeeping: One of the best ways to ensure that all parties can refer back and verify information is to have a sound record-keeping system in place, whereby information related to pay slips, time records, disciplinary actions, and other relevant details can be easily accessed.
Decent accommodation and transport (where provided): As seasonal labour is often provided with accommodation and transport services for many farms, businesses can ensure that housing meets basic sanitation, privacy, and safety standards, and transport is safe and timely.
Ethical employment, however, is a two-way relationship. Seasonal workers, including South African citizens and foreign labour, must also understand their role and responsibilities to ensure they work responsibly and can help maintain their own safety. Seasonal labour is essential and can be fair, safe, and productive when employers match legal compliance with practical, worker-centred measures. When seasonal employees take responsibility for safety, communication, and understanding their terms of employment, it benefits both the employer and the employee.
If we work together and ensure compliance in our daily operations, we can look forward to a peaceful and prosperous festive season, even as we harvest.
