Exploring factors that prevent non-compliance with Basic Conditions of Employment Act; Sectoral Determination 9 : the case of Sunflower retail store, Western Cape

[摘要] ENGLISH SUMMARY : The Constitution of the Republic of South Africa (1996) promotes the right to sound labour practices in the workplace. Part of this includes improved wages and working conditions. In line with the notion of a developmental state, the Sectoral Determination 9, which is derived from the Basic Conditions of Employment Act, No. 75 of 1997, was developed to set the minimum wage and standards and also acts as a guide to parties that are in the collective bargaining in the wholesale and retail sector.Promoting decent work in private businesses in order to eradicate unemployment, inequality and poverty is a critical objective of government's Department of Labour. Non-compliance with the provisions of the Sectoral Determination 9 (SD9) undermines the spirit and letter of this determination.The aim of this study is to explore factors that prevent non-compliance with the provisions of the SD9. Sunflower store is used as a case study in this research, which uses the study to determine the level of compliance of this enterprise, to look at the structures that have been put in place to promote sound labour practice in this business and also to determine the support that government is providing to promote compliance and decent work in Sunflower as a business.The study commences with a discussion on the development state as an intervention strategy by government to reform socio-economic conditions in South Africa. Different models of a developmental state, parties in the implementation, alternative service delivery approaches to service delivery and the legal framework that promotes sound labour practice are discussed. This provides a basis for assessing the level of compliance in the case study identified in the study.Research findings establish that, as much as the enterprise appears to be compliant with the provisions of the SD9 on paper, in reality there are a number of areas that the company is not complying with and the reasons thereof are cited. As public policy implementation is a complex issue and a multifaceted process, partnerships between government, employees and private business at enterprise level are recommended. Government, through the Department of Labour, is expected to play a strategic role by providing relevant information pertaining to the policy and services it renders, conduct advocacy to both employers and employees to ensure that employers are aware of the legislation and their responsibilities while employees are educated of their rights. Additionally, the Department of Labour is expected to monitor compliance with the employment laws through regular inspections. However, government cannot carry out this responsibility alone, parties that are in the employment relationship are encouraged to join hands and assist the department at all levels to ensure that policies that are a product of a collective engagement at a macro-level are complied with. Employment laws also help employers and unions to self regulate, bargaining for better wages and improved conditions of employment. For this ideal to be realised, the research recommends that favourable conditions for promoting self-regulation should be created. Recommendations are also provided in terms of improving enforcement strategy, policy development and future research.

[发布机构] Stellenbosch University