Home / Knowledge / News / Apparel/Garments / SACTWU calls court judgment hollow victory
SACTWU calls court judgment hollow victory
20
Mar '13
Judge J Koen has ruled that the Minister of Labour’s decision to extend the 2010 clothing industry wage agreement to companies not party to the clothing industry bargaining council should be set aside. That is all.

Yet, there has been widespread misreporting about the actual content and effect of the judgement and people’s imaginations are running wild!

The Southern African Clothing & Textile Workers Union (SACTWU) says - It is a hollow victory for non-compliant employers. It has now only hardened SACTWU’s attitude towards them, the opposite effect of what they expected.

It is not true that the judgment has the effect of setting aside the clothing industry minimum wage regime. There is still a gazetted and extended industry-wide minimum wage agreement in place, despite the setting aside of the 2010 extension.

This covers all clothing employers and clothing workers in every part of the country. All employers are required to comply with their obligations legislated in this agreement, including the payment of legal minimum wages.  SACTWU expects them to do so, and will do everything in its power to compel them to do so.

It is not true that the Judge has ruled that non-compliant, non-party companies now have the right to negotiate outside of the bargaining council system. This is nowhere to be found in the written judgment. The bargaining council remains the only place where it intends to bargain. There will be no negotiations outside this forum.

It is not true that the judgment means that the bargaining council is prohibited from executing writs of execution against non-compliant companies. Only those writs held against the now set aside 2010 extended agreement is now held in abeyance.

But the vast majority of writs still remain legally valid, as these have been issued against many other legitimate agreements, other than the 2010 extension. We will now step up our fight against illegality, by ensuring that legitimately secured writs are executed as speedily as possible.

It is not true that the Minister will no longer in future be able to extend a bargaining council agreement to non-parties. The judgment has only identified an administrative error in the manner in which the Minister has extended the 2010 wage agreement. The judgment does not remove this power from the Minister. SACTWU will work with the Minister to strengthen extension capacity.

It is not practically and legally possible for employers to now “take back” increases granted to workers, in consequence of the 2010 extended agreement. It will unleash widespread and spontaneous industrial unrest.

Southern African Clothing & Textile Workers Union (SACTWU)

Must ReadView All

Textiles | On 24th Jan 2017

Textile industry demands relaxation of laws from Budget

The upcoming Union Budget 2017-18 should focus on relaxing certain...

President Donald Trump; Courtesy: White House

Textiles | On 24th Jan 2017

US sets ball rolling for withdrawal from TPP

President Donald Trump has set the ball rolling for withdrawal of the ...

Textiles | On 24th Jan 2017

Indian cotton consumption estimated at 290 lakh bales: CAI

The domestic consumption of cotton during the crop season 2016-17...

Interviews View All

Yash Maniyar
Rekha Maniyar

Indian fashion market is growing at a staggering rate

Jurgen Gauger
Spreadshirt

‘Buying crowdsourced or creative designs are much more appealing to the...

Amit Jain
Shingora Textiles Ltd

‘In terms of fabric, the fastest growing category for us is a blend of...

Giorgio Mantovani
Corman S.p.A

Giorgio Mantovani, MD of Corman, with a presence in both Milano and New...

Johan Berlin
InvestKonsult Sweden AB

Investkonsult Sweden AB has been buying and selling second-hand textile...

Kai Poehler
Voith Paper GmbH & Co. KG

The glass mat industry is growing by five to eight per cent annually. Kai...

Karan Arora
Karan Arora

Bridal couture created with rich Indian heritage, exquisite craftsmanship...

Wendell Rodricks
Wendell Rodricks

"We should not compare India and the West. There are things we do that...

Tony Ward
Tony Ward

"You have to truly understand what your client wants, know her needs, what ...

Press Release

Press Release

Letter to Editor

Letter to Editor

RSS Feed

RSS Feed

Submit your press release on


editorial@fibre2fashion.com

Letter To Editor






(Max. 8000 char.)

Search Companies





SEARCH
January 2017

January 2017

Subscribe today and get the latest update on Textiles, Fashion, Apparel and so on.

SUBSCRIBE


Browse Our Archives

GO


eNEWS
Insights
Subscribe today and get the latest News update in your mail box.
Advanced Search