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17

GRAANGIDS

2017

GRAIN GUIDE

will request copies of contracts of employment and payslips, or even conduct interviews with the

employees. Other aspects include the following:

• Proof that the employer is registered with the Unemployment Insurance Fund and the Compen-

sation Commissioner and that the payments are up to date.

• That all work-related injuries and illnesses are reported to the Department of Labour.

• That notices with summaries of the Basic Conditions of Employment Act, the Employment

Equity Act and the Occupational Health and Safety Act (if the employer employs more than five

employees) are posted in areas to which employees have regular access. A copy of Sectoral

Determination 13 (relevant to the agricultural sector) also has to be available to the employees.

• Proof that the employer pays at least the minimum wage.

• That an occupational health and safety representative and committee are appointed – if neces-

sary. Proof of the minutes of the meetings held by this committee will be requested.

• Proof that the employees received training to identify health and safety risks.

• Proof that the employer keeps an attendance register of the employees’ working hours.

• Whether there is a properly equipped first aid kit on the premises.

• Whether bathroom facilities for men and women are clean and hygienic.

Consequences of non-compliance

If the inspector concludes that the employer does not comply with the relevant legislation, they

can issue an order of specific performance which, if not fulfilled, could be enforced by the Labour

Court. Various fines, including jail time, can also be given to employers who do not comply with

the applicable labour legislation.

Adv Ernst Richter SC, AEO

other approaches to farming, such as organic farming, agroforestry, crop-livestock-integration,

which only with the basic principles of CA will comply on all elements of a climate smart conserva-

tion agriculture.

References

Shea, EC. 2014. Adaptive management: The cornerstone of climate-smart agriculture. Journal of Soil and

Water Conservation 69(6):198A-199A.

FAO. 2014. Practice Brief on Climate-smart agriculture. Conservation agriculture – implementation guid-

ance for policymakers and investors.

Dr Hendrik Smith, conservation agriculture facilitator, Grain SA

Agricultural management strategies for climate change

Continued from p. 15