LABOUR UNREST: PROCEDURES TO FOLLOW

Transcription

1 LABOUR UNREST: PROCEDURES TO FOLLOW Agri Wes-Cape wishes to remind you of the following and requests that you, in conjunction with SAPS/ Farm Watch / private security companies (which protect the property of your members), should compile contingency plans as soon as possible if these are not already in place to enable you to deal with possible incidents of trespassing and farm invasion. If not already in place, you are also requested to take the necessary precautions to protect the homes of farmers and their workers. We cannot emphasise strongly enough the importance of this matter and the need to ensure that appropriate steps are taken to further enhance your own safety and that of the relevant area. 1. PREVENTIVE Farm protocol Please note that in terms of Agri SA s Protocol for Farm Access: - No person/ institution may access your property before obtaining permission from the land owner; - In addition to obtaining permission, the person/ institution must agree with the land owner on a day, date and time when the visit will take place; - Any person who accesses your property unlawfully may be immediately stopped and, if he/she should resist, you may inform SAPS of such trespassing and demand immediate action. It is extremely important that the Agri SA farm protocol signage appears at all farm access points to ensure that trespassers are aware of the steps to be followed. It is also important that the notice clearly indicates: Private property; right of admission reserved. Further information in this regard is provided in Addenda A to O. Key points on the farm: Analysis per farm of all key points, with reference to homesteads, crèches, outbuildings, 1

2 sheds, storage places, packing houses, drying yards and cold rooms, fuel tanks, flammable products (chemicals/ crates/ packaging material); Safeguarding of women and children. Suspicious-looking vehicles Note the details of the suspicious-looking vehicle: Registration number Make/ model Colour Persons on/ in the vehicle Photo of vehicle/ persons These vehicles usually move around at night without headlights. Please be careful because the driver and passengers may be armed. Where buses are used to transport strikers, take photos of the buses, registration numbers, name of the bus company, route followed by the bus as well as expected direction. Send the details as soon as possible to Agri Wes-Cape s office so that a profile and possible trends can be compiled/ identified early enough. Contingency plans: Activation of contingency planning, farm watches and radio and other communication systems (SMSs /Whatsapp) for area protection. The farm watch structure must be fully incorporated into the CPF structure or sub-forum of the CPF. Redistribute Agri SA s information on the rights, duties and responsibilities of land owners to all farmers, especially with a view to possible land grabs. Identify potential parts of the province where land grabs may occur and take precautions in collaboration with security structures. When security companies are employed, farmers must ensure that such companies are fully registered with PSIRA; that the officials appointed are fully trained and that any firearms in their possession have been registered in the name of the relevant company. The SAPS Rural Protection plan to be fully implemented at each SAPS station. Relationship with your farm workers: We wish to remind you of the importance of forging and maintaining a good relationship with workers, for example regular meetings with workers/ worker committees. This means, among 2

3 others, that you will discuss and negotiate with them regarding various issues to keep your business at an optimal level. Also attend to small matters which could cause conflict and ensure that you keep informed of each worker s own and his family s welfare and needs. 2. PROCEDURES TO FOLLOW What must the farming community do if workers start striking? 1. Try to remain as calm as possible. Do not become unnecessarily involved in any confrontation. 2. Contact your agricultural association, chairman or secretary /Agri Wes-Cape regional representative and Agri Wes-Cape office or their staff immediately. 3. Contact you labour law expert consultant to inform him/her regarding events. 4. Indicate that you are prepared to hold discussions with them but that their actions are contrary to existing legislation. 5. Safeguard those workers who do not participate in the strike. Non-striking workers are subject to enormous intimidation. 6. Ask workers to Put their grievances in writing; Appoint representatives who will negotiate on their behalf. - Trade union representatives; or - Worker representatives (worker committee). 7. Once discussions start, ask that workers return to work as their grievances were receiving attention. Try to document these discussions for record purposes and for later use as lessons learnt. 8. There are two possible scenarios: The dispute can be resolved; or The dispute can evolve into lawlessness/ anarchy (Contact SAPS/Agri Wes-Cape) 9. Keep Agri Wes-Cape/ your agricultural association/ Agri Wes-Cape regional representative informed. 10. Liaise closely with your local SAPS sector commander for rural protection. Ensure that his/her cell phone number appears on every member s own cell phone to facilitate swift contact. 3

4 11. Also bear in mind that You may only negotiate in respect of your own farm/ farms; No negotiations may be conducted on behalf of other farmers. 12. Make sober decisions in close consultation with experts. 13. Make sure that your insurance, including SASRIA values, is correct in respect of store content and houses on the farm. 14. Do not sow panic. 15. Keep off/ away from social media. (Twitter/Facebook) 16. Mobilise yourself into groups that can assist one another should a farm be targeted. 3. PROACTIVE When should negotiations be conducted with trade unions? The legal aspects are set out in the Labour Relations Act (Act No. 66 of 1995). Representation, demands and the rights of trade unions are contained in this legislation. Before negotiations with a trade union commence, the union must be able to prove union membership of workers on the specific farm. No union automatically has rights on a farm. The manner in which negotiations with unions should take place is set out in Addendum L. The document also addresses the rights and responsibilities of the unions. 4. INFORMATION DOCUMENTS We therefore attach the following documents: 1. Agri SA information document: Handling of Unlawful Occupation of Land (Afrikaans & English) (Addenda A & B); 2. Agri SA Protocol for Access to Farms (Afrikaans, English and Xhosa wording on protocol sign board where applicable)(addenda C, D & E); 3. Blank proxy forms for action in your absence (neighbour/ friend/ attorney) (Addenda F, G, H & I) 4. SAPS home protection information document (Afrikaans & English) (Addenda J & K) 5. When can you shoot to defend yourself? (Addendum L) 4

5 6. Agri SA: Memorandum for farmers (Afrikaans & English) (Addenda M & N) 7. Newsletter 22: Labour Relations Act (Act No. 66 of 1995) (as amended) (Addendum O) 5. HANDLING OF PETITIONS/ GRIEVANCES If your worker and/or a representative party asks you to accept and sign for any document, please take note of the following: 1. Ensure that a contact person s details appear on the document (name of organisation, telephone and fax numbers); 2. Familiarise yourself with the content of the document; 3. Do not sign blindly where a signature is required; 4. If at all in doubt, write the following at the bottom of the page: I hereby acknowledge receipt. Signature and date AND do not sign anywhere else on the page; and 5. NB. Make a copy of this document and send it to the Agri Wes-Cape office: Surika@awk.co.za or fax to FLOW OF INFORMATION TO AGRI WES-CAPE Agri Wes-Cape would like to urge all affiliates to continue to report directly to the organisation on a daily basis any developments relating to labour unrest in agriculture. We need the information in order to submit it to SAPS Western Cape and the Provincial Disaster Management office, respectively, on a coordinated and structured basis. Where you as agricultural association or district agricultural association have established a coordinating initiative for this purpose and are supplying your local SAPS with information on an ongoing basis, we would also like to receive such information. Grassroots information is particularly important when Agri Wes-Cape liaises at provincial level with SAPS. The use and deployment of manpower and equipment handled by them can be managed even better based on such information. We emphasise that you should continue, via your structures, to make information of suspiciouslooking vehicles, persons, activities, pamphlets and SMSs available. If you receive a compliance order following a farm visit by the Department of Labour, please send a copy thereof to Agri Wes-Cape so that we are aware of any new requirements, if any. 7. FLOW OF INFORMATION TO AGRICULTURAL ASSOCIATION MEMBERS Agricultural associations that communicate with their members per must attempt to do so without the member s address being displayed. There are individuals/ organisations that 5

6 pick up such s and then abuse the knowledge. It is also critical that members verify all information that they receive by liaising with their local agricultural association management, SAPS and the Agri Wes-Cape office before distributing such information any further. During the previous strikes many untruths were uttered by various organisations and individuals to exploit this situation. 8. GENERAL Members must at all times during conflict situations attempt to take photos of the situation/ individuals and/or the vehicles involved. This is one of the best ways to compile profiles and trends with a view to launching proactive actions. The social communicator, Whatsapp, which can connect up to 30 cell phones within a group, may be used responsibly to warn or alert neighbours timeously. Radio communication is extremely important, although it does not replace your cell phone. It is one of the few available ways to keep members across a wide spectrum informed and to activate them with a single call. Get your radios functioning and ensure that your agricultural association has a list of every person who has one so that a blanket cover profile can be compiled and information can be distributed and coordinated as quickly and smoothly as possible. 9. AGRI WES-CAPE CONTACT DETAILS OFFICE USE: Tel.: Fax: AFTER HOURS: Contact persons: 1. Carl Opperman Cell: address: carl@awk.co.za 2. Johan Bothma Cell: address: johan@awk.co.za G:\landbou\arbeid & sosiaal maatskaplik\landbou Onrus\2013\Prosedures om te volg 6