During the first round of wage negotiations when Chamber of Mines presented their sustainability and social compact, they disclosed to the Unions that an increase of 10% was effected to workers in 2013, whereas workers had receive an increase of 8%. When AMCU interrogated this submission, Chamber of Mines in response said that was an “honest mistake” on their side and apologized.
AMCU demanded that Chamber of Mines should disclose the Companies financial budget for the year 2013 in order to ensure that it was a mistake or not, such was not disclosed which leaves us with no choice but to conclude that workers has been cheated their 2% salary increase. We further demanded the audited financial statements of all the subsidiaries of the 3 gold mining companies to be provided, which it has never been realized.
We do this against the background of what has been revealed by the Davis Tax Committee, the reports to parliament of transfer pricing and illicit capital flows amounting to 10’s of billions of Rands every year; and where mining industry has been found to be one of the main culprits engaged in these practices. Lonmin was caught in aggressive tax practices, during the Lonmin hearings - naming the Bermuda connection as just one of the examples. AMCU has exposed such during the platinum strike and nothing has been done by the government.
This trend has never stopped, now we are faced with a serious scandalous overtime theft from workers in the Gold sector. The Chamber of Mines and its affiliated Companies submitted that workers work 3 hours overtime on average per week. This is disputed by workers who are employed and work for these mines.
In the application for a “variation” from the BCEA to Department of Labour (DoL), the Chamber of Mines stated that 5 hours overtime per week is impossible.
“A particular consideration that applies in the Mining situation is the time taken to transport employees from the surface to their place of work and back, which stretches the working day, beyond what would apply to ensuring accessible work places. Travelling time in this sense (which is paid time) can be up to an hour, a day or more.
The existing averaging arrangements will not be able to be accommodated in circumstances where there is a limit of five hours’ overtime a week”
In the application they wanted the Department of Labour (DoL) to permit overtime of 10 hours average per week. This application was supported by other Unions such as NUM, UASA and Solidarity and it has been granted by the Department since the year 2000. We find it extremely disappointing how Labour movements who pretend to fight and represent workers interest and rights can agree on such variation which clearly suppress workers. Since then Anglo Gold Ashanti has been implementing this agreement at their operations.
It is important for us to understand that the reason the BCEA put limits to overtime was because of its relation to health, safety and family responsibilities. A long work day has negative consequences to mine workers such as fatigue, injuries, fatalities and absenteeism….
What are the costs? The implication of long working hours underground exposes the workers to silicosis for example The 0.1 microgram silica dust per cubic meter air is based on a 8 hour shift. 20 – 30 out of underground workers in active work have attracted silicosis.
The averaging of working hours as per the BCEA we believe is more convenient in agriculture industry because it is seasonal not in the mining which is continuous operation.
AVERAGING HOURS OF WORK:
12 (1) Despite section 9 (1) and (2) and 10 (1) (b), the ordinary hours of work and overtime of an employee may be averaged over a period of up to four months in terms of the collective agreement.
(2) An employer may not require our permit an employee who is bound by a collective agreement in terms of sub section (1) to work more than
(a) An average of 45 ordinary hours of work in a week over the agreed period
(b) An average of five hours overtime in a week over the agreed period.
The Chamber of Mines also asked for the dispense of meal interval (underground and in processing plants) which has a negative impact to workers since they do not have a proper rest period between the shifts.
The Chamber of Mines and its Companies in agreement with NUM, UASA and Solidarity substituted the meal interval by paying workers R70 a month meal allowance. In fact in reality workers could be receiving at least R300 to R400 meal allowance per month. The meal break was fought hard and won by workers, why the Union mentioned above agreed to such inhuman practise?
The only conclusion can be drawn in this practice is that workers has been over years ambushed in terms of overtime amounting to billions of rands. This will be shown clearly on the figures to be presented shortly.
This is the reason why AMCU cannot accept the facial offer presented by Chamber of Mines behalf of its affiliated Companies. We call upon Chamber of Mines to review their offer and account for the overtime they robbed mine workers over the years.
AMCU we do not believe the job losses in the mining industry are as a result of the workers’ demands as it was confirmed by the Chairperson of the DMR portfolio committee in parliament during the debate on job losses in the Mining sector.
The Economic crisis in South Africa should not be blamed to the working class but rather to the failed economic policies of our government and the incompetence’s of government owned Companies such as Eskom which resulted in load-shedding and other factors have contributed to the country being in economic crisis. Job losses have been endured by South African’s and government has failed to implement economic policies that emancipate workers from apartheid like salaries.
Statement issued by AMCU, August 12 2015
