The recruitment of workers resonates under the Forced and Bonded Labour principle in the SIZA Code Requirements. It is not just an everyday practice in agriculture but one of the most important parts of the sourcing and onboarding process, especially when it comes to seasonal labour. Businesses that have a good recruitment system in place avoid potential risks to their business and secure a more stable workforce and environment, especially during their peak season. The main challenge lies in businesses’ utilisation of workers from faraway regions, provinces, or across borders. In these cases, the workers are at risk of being exploited by third parties or even the person who does the recruitment. Let’s look at some of the main requirements which producers must ensure is managed well during their recruitment processes:
- When the employer recruits labour, the employer cannot keep the original ID or personal belongings for long periods of time. During recruitment, the employer may ask for the ID, for example, to make a copy, but must give the original document back to the employee. Neither management nor the recruiter or supervisor may store/retain any employees’ personal documents and valuable possessions.
- Workers cannot be required to make any payment associated with recruitment and commencement of work. In instances where workers request financial assistance from management, this must be documented and clearly demonstrate that the transaction was voluntary on the part of the worker and not a payment to “get” the job.
- In cases where funds are provided to cover costs that need to be paid back, a contract should be in place stating what was agreed upon.
The above requirements may seem unlikely to some, but unfortunately, these practices sometimes occur without management’s intention. It is often seen when recruitment is done by a Temporary Employment Service or supervisor who does not have the necessary legal knowledge. The best way a business can protect itself is to ensure that the person or team responsible for recruitment are aware of the following:
- Understanding the principles and code requirements of forced and bonded labour and implementing remediation strategies.
- Familiarisation with relevant legislation such as the Basic Conditions of Employment Act, Employment Equity Act, etc.
- Understanding client and business policies for effective recruitment.
- Understanding that no worker may be required to pay someone or to provide any favours to obtain employment. Costs of recruitment must be covered by the employer, and must be negotiated between the recruiter and the employer. In cases where the expectation is that the costs must be paid back as part of a loan between the employer and the employee, then it must be agreed to beforehand in writing. This agreement should stipulate that the loan was entered into voluntarily between both parties, and the specifics regarding the repayment terms (how much is to be paid back over the exact timeframe) should be indicated in the agreement. Remember that when a loan is paid back, the employer cannot deduct more than 10% of that employee’s wage in a wage period.
- Farms and packhouses should formalise the recruitment position and appoint skilled and knowledgeable individuals.
SIZA has compiled a template on recruitment and selection alongside a guideline on competency and skills. Feel free to refer to it under ‘Member Resources’ on your MySIZA platform profile, contact the SIZA office at 021 852 8184, or email Wian van Niekerk at wian@siza.co.za.
