By ‘Majirata Latela
Construction workers building the new Senate offices have reached an agreement with their union to go on strike following a catalogue of complaints against the Chinese construction company for breaching labour practices.
The workers demand Yanjian Construction (Pty) Ltd company to pay them as stipulated in the minimum wage regulations. They also demand the company to stop laying off workers without consulting the union and agreeing on the lawful process for any lay-offs.
This dispute only serves to further highlight the dark side of Chinese companies’ labour practices in African countries, which are generally perceived to engender abuse via casualisation of labour, low remuneration and a general lack of adherence to occupational health and safety.
With the balloting that was done on May 23 2022 the Directorate of Disputes and Prevention of Lesotho (DDPR) has given the workers the allowance to proceed with a lawful strike as has been intimated by their representative.
According to Construction, Mining, Quarrying and Allied (CMQ) general secretary, Robert Mokhahlane. the workers approached the union’s raising deep concerns about their monthly wages. They accused the company of paying them below the required standards.
Mokhahlane said on April 13 2022 the union took the matter to the DDPR as dispute of interest where the workers demanded adjustment to their wages based on the country updated wage bill. After DDPR heard the matter, the company was summoned to respond on the issues put before DDPR but it failed to respond, triggering the DDPR, to issue a certificate showing that the construction company failed to honour the summons.
“We were called on the April 29 2022 to present ourselves again at DDPR as the company asked for deliberations. An agreement was then reached that on May 23 2022 a strike balloting would be done. When we were still on the issue of wage increment the company showed that it was laying off some of the workers.
“We were then surprised because we were still dealing with the matter in hand. And the company just picked some of the workers showing that they are laying them off without following the lawful procedures.
“We sought an explanation as to what criteria the company was using to determine the identity of those who were to be laid off. I told them about the right procedures to follow and showed them that we have the Code of Good Practice 2003, clause 19 that has to be followed before laying off any workers. It was then that I realised that these people do not know our labour laws,” he said.
He added that the code shows clearly that the parties need to agree on the criteria to be used when retrenching workers. He said CMQ further realized that the company wanted to lay off most of the union’s representatives.
“The company then called us to make us aware that it was facing serious financial challenges saying the government had not yet paid its dues and that it was planning to temporarily shut down while waiting to be paid by the Lesotho government.
“There are many issues that need to be looked at in that construction site. We have already written to labour commissioner asking that a labour inspection be conducted at the site after we realized that the wages were not paid according to the labour standards,” Mokhahlane said.
He added that all workers earn the same wages. Both unskilled and skilled workers are paid M98 daily, contrary to the law clearly stipulating categories of workers and their earnings on a monthly basis.
“As the union what we are also going to do is to sue the company to pay those workers their rightful monthly wages as the union has not agreed with them on layoff method. Those who are laid off still do report for duties on a daily basis. If the company does not assign them any duties at the site work it is up to it” he showed.
He added that they have realized that Chinese companies do not respect the laws of Lesotho. He said for a country like Lesotho which has signed many treaties on respect for human rights and a member of International Labour Organisation, these practices may not bring good results for the country.
He added that they have seen practices such as the one happening in that company at the ongoing construction of Maseru Hospital and Eye Clinic.
Yanjian Construction (Pty) Ltd has so far issued statement on Tuesday this week saying it has not at any stage treated the workers unfairly. It said the employees were being paid monthly wages according to the labour laws.
It further shows that the strike was just being planned by a small group of workers who have joined the trade union.
“The union comes to the contractor to ask for money and privately shares the money with the workers who paid to join the union. The contractor ignores this practice.” (sic).
The statement also showed that “local workers are not grateful because when they did not have jobs the contractor created employment opportunities.” It said the majority of the workers are all conducting themselves accordingly except a small group that influences others to misbehave.
Yanjian also said the group threatened strike and forced others to stop working. Surprisingly, it said it was aware that many of its employees were not qualified as some of them have failed to produce their certificates indicating they were skilled.
The company indicated that it tried to increase wages for those who hold some qualifications but an agreement for wages adjustments has not been made yet.
“The contractors require workers to abide by the rules but workers do not comply. They sometimes do not come to work without telling a reason or asking a leave.
“Contractors abide by local laws and require workers to provide legal basis for wage increases. The law that says they should be paid transport and food allowances, but workers provide nothing.
“The contractor did not fire any workers; the workers just chose not to come to work. But this time there is no job because the government is reviewing bills. The company does not have money so it said they should temporarily stay at home but workers do not believe the contractor (sic),” reads the statement.
Approached for comment, the labour commissioner ‘Mamohale Matsoso this week said her office is aware of a labour dispute between the workers and the contractor, and has already sent out a team to go and inspect the construction site. She said it is only after then that her office will be able to comment on the issues being contended.
She said issues of construction companies which do not abide by the laws and regulations should not only be attributed to Chinese companies as they also receive complaints from Basotho led companies.
She said when a contractor is given a job, it is already assumed that it is aware of the laws of the land.
“Ignorance of the law is not an excuse before the courts of law. Every employer has to learn and familiarize themselves the laws of every country. Otherwise, the employer needs to hire people who can be able to help them to understand and do what the law requires of them,” Matsoso said.
