We need to protect the rights of workers to build an inclusive economy

Dear Fellow South African,

We have just observed Workers’ Day, which is commemorated across the world in honour of the struggles of workers for fair labour standards and conditions of work.

Since the advent of democracy in 1994, we have observed Workers’ Day also to acknowledge the historical role of workers and the labour movement in our broader struggle for freedom.

Over the past 31 years we have made considerable progress in improving our labour laws and protecting the rights of workers.

We emerged from a past where black workers were deliberately denied their rights. For many years, black workers could not be organised into unions, through job reservation they were denied access to certain occupations and they often worked in unsafe and unhealthy conditions.

Today, the rights of workers in South Africa are protected and enforced. The Constitution enshrines the rights of workers as it does the rights of every person who lives in South Africa. Since 1994, we have passed progressive laws to give effect to the rights of workers.

Following extensive consultation with business, labour and civil society, in 2019 we introduced a National Minimum Wage, setting a wage below which no worker may be paid. Studies have found that since its introduction the National Minimum Wage has led to a significant increase in hourly wages for workers, and has also played a role in reducing the gap between the highest and lowest paid workers.

We have sought to break from our apartheid past where workers laboured under oppressive conditions to swell the profits of companies without receiving even the most basic benefits. This includes measures to advance worker ownership in companies. An increasing number of workers are part of worker share ownership programmes.

We have been deliberate in our efforts to protect the rights of women workers. The Employment Equity Act prohibits unfair discrimination on the basis of sex, gender, pregnancy and marital status. Female workers are guaranteed specific entitlements such as maternity and family responsibility leave, and we have laws that safeguard against sexual harassment and gender-based violence in the workplace.

At a time of constrained economic growth and high unemployment, we have seen calls from some people, including political parties, for our country’s labour laws to be ‘relaxed’ in response to the prevailing economic climate.

Stimulating economic growth and job creation and retaining worker protections are not mutually exclusive. In fact, worker rights have been found to improve productivity and thereby enhance the growth of companies and the economy. They also help to distribute the benefits of growth more equally and improve economic stability.

In addition, South Africa’s labour laws are part of our effort to overcome the structural inequality of apartheid.

The latest report of the Employment Equity Commission shows how far we still have to go in ending the race-based disparities that exist in our economy.

Despite Africans constituting the majority of the economically active population, the majority of top management positions in the private sector are still held by white males. This trend is observed at senior management level in nearly every economic category. Black South Africans are predominantly in the semi-skilled and unskilled categories.

While there has been much improvement since the advent of employment equity legislation, it is clear that not enough has been done to change the racial composition of the ownership, control and management of our economy.

Employment equity is not the only area where challenges remain. The International Labour Organisation has highlighted problems of compliance with labour laws in South Africa, as well as inadequate safeguards for workers in the burgeoning informal sector.

That is why part of our G20 Presidency involves engagements with labour over the consolidation of worker rights. We have held fruitful discussions in this regard with the International Trade Union Confederation and others.

Despite these challenges, as a country we will continue to use our progressive labour laws to correct the imbalances of the past, and to ensure that these protections translate into tangible benefits for workers.

We call on business in particular to take the necessary measures to ensure that their workplaces reflect both the letter and spirit of laws such as the Labour Relations Act, Basic Conditions of Employment Act, Employment Equity Act and Occupational Health and Safety Act.

Companies should go beyond compliance by actively fostering diversity and inclusion as envisaged in our Constitution by addressing historical inequalities and create opportunities for under-represented groups among their workers, such as women, the youth and persons with disabilities. They should also ensure that their workplaces are spaces where dignity, respect and human rights are upheld in daily practice and not just in policies.

At a time when our singular focus is on inclusive economic growth and job creation, we must continue to work together to improve the lives of every South African worker. Let us use the hard-won gains of workers to create new opportunities for all.

With best regards,