In agriculture, it is common for farms and packhouses to recruit throughout the year, especially before and during peak seasons. This is mainly due to the seasonal nature of most agricultural crops and the need to have more hands on deck, so to speak, during the busier seasons. When we look at recruitment, certain aspects must be met, not only to ensure one complies with SIZA but also with the law in South Africa to ensure that the employee or employer is protected in the employment relationship.
First off, let’s talk about the law. Section 48 of the Basic Conditions of Employment Act is crystal clear: forced labour is an absolute no-go. Whether for personal gain or another’s benefit, coercion has no place in the workplace. Remember, no employee should ever have to pay a cent to land a job. From recruitment fees to sneaky deposits, it’s strictly prohibited. The main important aspect to remember is that neither the employer nor anyone acting on their behalf may request the employee to pay money or goods to obtain the job. Employers are therefore responsible for ensuring they have a good and sound recruitment policy to ensure that everyone in the business is aware of this – even the supervisors and Temporary Employment Services doing the recruitment on the farm’s behalf!
It is also true that sometimes, when a farm sources employees from far-away regions, those workers require financial assistance to get to the farm and start working. In any event where the business provides financial assistance or an allowance to an employee, it must be agreed upon prior to employment, documented and a voluntary process. This ‘loan’ or ‘allowance’ agreement must be clear, stipulate the amount and repayment terms, and be signed by both parties.
What happens if the worker leaves the employer before repaying their debt or loan?
The employer must exercise the documented agreement without breaking the law. The employer cannot retain any personal documents (e.g., IDs, passports) or belongings (e.g., cell phones, clothes, etc.). If the employer decides to provide the allowance or loan, it must be done in accordance with the law.
Refer to the SIZA Social Standard available on your MySIZA profile to better understand the Code Requirements related to responsible recruitment in your business.