GLOBALG.A.P. Risk-Assessment on Social Practice (GRASP) GRASP Module Interpretation for South Africa. GRASP Module Version 1.

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1 GLOBALG.A.P. Risk-Assessment on Social Practice (GRASP) GRASP Module Interpretation for South Africa GRASP Module Version 1.3 July 2015 Valid from: 1 July 2015 Mandatory from: 1 October 2015 English Version Developed by NTWG South Africa

2 EMPLOYEES REPRESENTATIVE(S) 1 Is there at least one employee or an employees council to represent the interests of the staff to the management through regular meetings where labor issues are addressed? COMPLAINT PROCEDURE 2 Is there a complaint and suggestion procedure available and implemented in the company through which employees can make a complaint or suggestion? Documentation is available which demonstrates that a clearly identified, named employees representative(s) or an employees council representing the interests of the employees to the management is elected or in exceptional cases nominated by all employees and recognised by the management. The election or nomination takes place in the ongoing year or production period and is communicated to all employees. The employees representative(s) shall be aware of his/her/their role and rights and be able to discuss complaints and suggestions with the management. Meetings between employees representative(s) and the management occur at accurate frequency. The dialogue taking place in such meetings is duly documented. N/A if the company employs less than 5 employees. A complaint and suggestion procedure appropriate to the size of the company exists. The employees are regularly informed about its existence, complaints and suggestions can be made without being penalized and are discussed in meetings between the employees representative(s) and the management. The procedure specifies a time frame to answer complaints and suggestions and take corrective actions. Complaints, suggestions and follow-up solutions from the last 24 months are documented. The employee s representative is not a management representative, but clearly represents the interests of the employees. It is suggested that the size of the employee's council shall reflect the total number of employees working on the farm (e.g. one representative per 50 employees), as well as the gender and race of the workforce. It is recommended to give training to management and employees / committee members on the functions of such committees, meeting procedures, leadership, etc. All employees are protected by the Labour Relations Act No.66 of 1995, and Chapter 2, Section 9, specifically refer to grievance procedures. Employees must first try to solve their dispute internally, and if it is unsatisfied they can refer the dispute to the CCMA. It is recommended that employees (and management) are trained in both the grievance and disciplinary procedures of the company. GRASP Module - Interpretation for South Africa 2 / 9

3 SELF-DECLARATION ON GOOD SOCIAL PRACTICES 3 Has a self-declaration on good social practice regarding human rights been signed by the management and the employees representative and has this been communicated to the employees? The management and the employees representative(s) have signed, displayed and put in practice a self-declaration assuring good social practice and human rights of all employees. This declaration contains at least commitment to the ILO core labor conventions (ILO Conventions 111 on discrimination, 138 and 182 on minimum age and child labor, 29 and 105 on forced labor, 87 on freedom of association, 98 on the right to organize and collective bargaining, 100 on equal remuneration and 99 on minimum wage) and transparent and nondiscriminative hiring procedures and the complaint procedure. The self-declaration states that the employees representative(s) can file complaints without personal sanctions. The employees have been informed about the self-declaration and it is revised at least every 3 years or whenever necessary. ACCESS TO NATIONAL LABOR REGULATIONS 4 Do the person responsible for the implementation of GRASP (RGSP) and the employees representative(s) have knowledge of or access to recent national labor regulations? The responsible person for the implementation of GRASP (RGSP) and the employees representative(s) have knowledge of or access to national regulations such as gross and minimum wages, working hours, trade union membership, anti-discrimination, child labor, labor contracts, holiday and maternity leave. Both the RGSP and the employees representative(s) know the essential points of South Africa has ratified all the core conventions of the ILO. It is recommended that the declaration also include, all SA Labour Legislation in this regard, specifically discrimination (Labour Relations Act No.66 of 1995, Schedule Seven Part-B 2 (a)), Child Labour (Basic Conditions of Employment Act No. 75 of 1997, Chapter 6), freedom of association and the right to organize and bargain collectively (Labour Relations Act No.66 of 1995, Chapter 2) and minimum wages (Government Gazette Part B). The declaration as well as all applicable legislation (summaries) need to be made available to the workplace and as far as possible in the language(s) of employees, and employers shall explain these to employees. In case of illiteracy amongst the employees, an according communication strategy shall be implemented (e.g. use of pictograms, training etc.). It is a legal requirement that the latest versions of the following acts (summaries) are available to all employees (e.g. on posters, in the language appropriate to the workforce, where available): Basic Conditions of Employment Act, No.75 of 1997 (BCEA) Sectoral Determination 13; Farm Worker Sector Labour Relations Act No.66 of 1995 Extension of Security of Tenure Act No.62 of 1997 Occupational Health & Safety Act No.85 of 1993 GRASP Module - Interpretation for South Africa 3 / 9

4 working conditions in agriculture as formulated in the applicable GRASP National Interpretation Guidelines. Employment Equity Act No.55 of 1998 Skils Development Act No.97 of 1998 Unemployment Insurance Amended Act, No 32 of Compensation for Occupational Injuries and Diseases Amended Act, No 62 of WORKING CONTRACTS 5 Can valid copies of working contracts be shown for the employees? Are the working contracts compliant with applicable legislation and/or collective bargaining agreements and do they indicate at least full names, a job description, date of birth, date of entry, wage and the period of employment? Have they been signed by both the employee and the employer? For every employee, a contract can be shown to the assessor on request (on a sample basis). Both the employees as well as the employer have signed them. Records contain at least full names, nationality, job description, date of birth, the regular working time, wage and the period of employment (e.g. permanent, period or day laborer etc.) and for non-national employees their legal status and working permit. The contract does not show any contradiction to the selfdeclaration on good social practices. Records of the employees must be accessible for the last 24 months. It is suggested that management, staff and employee representatives receive training in all current applicable labour legislation. Employers are by law obliged to keep records of all employees. These include pay slips as well as a service agreement (Basic Conditions of Employment Act No.75 of 1997, Chapter 4). Records need to be kept for 3 years (Basic Conditions of Employment Act No.75 of 1997, Chapter 4). According to the Basic Conditions of Employment Act No.75 of 1997 Chapter 4 (29)), all employees must have contracts of employment. The contract must include the following: (a) full name and address of the employer; (b) name and occupation of the employee, or a brief description of the work ; (c) various places of work; (d) date of employment; (e) ordinary (regular) hours of work and days of work; (f) wage or the rate and method of calculating; (g) rate for overtime work; (h) any other cash payments; (i) any payment in kind and the value thereof; GRASP Module - Interpretation for South Africa 4 / 9

5 PAY SLIPS 6 Is there documented evidence indicating regular payment of salaries corresponding to the contract clause? The employer shows adequate documentation of the salary transfer (e.g. employee s signature on pay slip, bank transfer). Employees sign or receive copies of pay slips / pay register that make the payment transparent and comprehensible for them. Regular payment of all employees during the last 24 months is documented. (j) frequency of remuneration; (k) any deductions; (l) leave entitlement; (m) period of notice or period of contract; (n) description of any council or sectoral determination which covers the employer s business; (o) period of employment with a previous employer that counts towards the period of employment; (p) list of any other documents that form part of the contract, indicating a place where a copy of each may be obtained. Pay slips and a pay slip acceptance signature of the employee are a legal requirement. The Basic Conditions of Employment Act No.75 of 1997,Chapter 4 (33-35)) prescribes what must be reflected on a pay slip: (a) employer s name and address; (b) employee s name and occupation; (c) period of payment; (d) remuneration in money; (e) any deduction made from the remuneration; (f) the actual amount paid; and (g) if relevant to the calculation of that employee s remuneration; (h) employee s rate of remuneration and overtime rate; (i) number of ordinary and overtime hours worked during the period of payment; (j) number of hours worked on a Sunday or public holiday during that period; and if an agreement to average working time has been concluded, the GRASP Module - Interpretation for South Africa 5 / 9

6 WAGES 7 Do pay slips / pay registers indicate the conformity of payment with at least legal regulations and/or collective bargaining agreements? Wages and overtime payment documented on the pay slips / pay registers indicate compliance with legal regulations (minimum wages) and/or collective bargaining agreements as specified in the GRASP National Interpretation Guideline. If payment is calculated per unit, employees shall be able to gain at least the legal minimum wage (on average) within regular working hours. total number of ordinary and overtime hours worked in the period of averaging. Minimum wages are regulated through Government Gazette No , which is available at the government printers or the internet ( Minimum wages change at the discretion of the Minister of Labour. NON-EMPLOYMENT OF MINORS 8 Do records indicate that Records indicate compliance with national no minors are employed legislation regarding minimum age of at the company? employment. If not covered by national legislation, children below the age of 15 are not employed. If children -as core family members- are working at the company, they are not engaged in work that is dangerous to their health and safety, jeopardizes their development or prevents them from finishing their compulsory school education. The Basic Conditions of Employment Act No (Chapter 6, 43 and 44 amended Government Gazette No 37955, 29 August 2014) prohibits the employment of persons under the age of 15 and restricts the employment of children age of 15 or older (age (Government Gazette No 28518, 17 February 2006) ) as follows: No overtime No dangerous/hazardous work. Not more than 35 hours of work a week. Specific records of these employees to be kept with copy of ID document (Basic Conditions of Employment Act No (Chapter 6, 47 amended Government Gazette No 37955, 29 August 2014) All legal conditions of employment described in the other control points are equally applicable for young workers (contracts, minimum wage etc.). GRASP Module - Interpretation for South Africa 6 / 9

7 ACCESS TO COMPULSORY SCHOOL EDUCATION 9 Do the children of employees living on the company s production/ handling sites have access to compulsory school education? TIME RECORDING SYSTEM 10 Is there a time recording system that shows working time and overtime on a daily basis for the employees? WORKING HOURS AND BREAKS 11 Do working hours and breaks documented in the time records comply with applicant legislation and/or collective bargaining agreements? There is documented evidence that children of employees at compulsory schooling age (according to national legislation) living on the company s production/ handling sites have access to compulsory school education, either through provided transport to a public school or through on-site schooling. There is a time recording system implemented appropriate to the size of the company that makes working hours and overtime transparent for both employees and employer on a daily basis. Working times of the employees during the last 24 months are documented. Records are regularly approved by the employees and accessible for the employees representative(s). Documented working hours, breaks and rest days are in line with applicant legislation and/or collective bargaining agreements. If not regulated more strictly by legislation, records indicate that regular weekly working hours do not exceed a maximum of 48 hours, during peak season (harvest), weekly working time does not exceed a maximum of 60 hours. Rest breaks/days are also guaranteed during peak season. According to SA legislation, the minimum school leaving age is 15 (South African Schools Act, 1996 (Act No. 84 of 1996)). Records need to be kept of working hours to determine overtime and also to ensure working hours. Records need to be kept for 3 years (Basic Conditions of Employment Act No.75 of 1997, (Chapter 2). The Basic Conditions of Employment Act No.75 of 1997, Chapter 2) clearly specifies normal working hours, overtime, breaks, etc. Normal working hours are 45 hours / week, however the detailed calculation of working hours is complex and therefore specified in the Act. ONLY APPLICABLE FOR PRODUCER GROUPS INTEGRATION INTO QMS QMS Does the assessment of the Quality Management The assessment of the Quality Management System of the producer group demonstrates -- GRASP Module - Interpretation for South Africa 7 / 9

8 System (QMS) of the producer group show evidence of the correct implementation of GRASP for all participating producer group members? that GRASP is correctly implemented and internally assessed. Non-compliances are identified and corrective actions are taken to enable compliance of all participating producer group members. ADDITIONAL SOCIAL BENEFITS R 1 What other forms of social benefit does the company offer to employees, their families and/or the community? Please specify incentives for good and safe working performance, bonus payment, support of professional development, social benefits, child care, improvement of social surroundings etc.). Under this control point, any social benefit provided to the employees by the producer can be documented (e.g. skills development plans, measures taken in the frame of Broad Based Black Economic Empowerment etc.). Although Broad Based Black Economic Empowerment is not a legal requirement in South Africa, BBBEE can be seen as the most contributing factor to social development as this measures a company s contribution to the development of previously disadvantaged people. For BBBEE a business is measured in the following categories (as outlined in Broad Based Black Economic Empowerment Amendment Act 46 of 2013 Government Notice 55 in Government Gazette 37271, 27 January 2014): Ownership Management Control Employment Equity Skills Development Preferential Procurement Enterprise Development Social-Economic Development The BBBEE Act code of good practice define social-economic GRASP Module - Interpretation for South Africa 8 / 9

9 development as follows: Development programmes (especially for Black Designated Groups as defined in Code 100) HIV/ AIDS and healthcare support Support to schools and educational assistance through bursaries Skills development for the unemployed; ABET programme support Support for arts and culture Guarantees/ security for beneficiaries Development capital for beneficiary communities Training/ mentoring of communities to assist them to increase their financial capacity Investment in the social wage of employees (e.g. housing, transport and healthcare GRASP Module - Interpretation for South Africa 9 / 9