SEIFSA final offer.
The SEIFSA final offer in this year’s Main Agreement Negotiations amounts to the following:
- Duration
A three year deal
2.Wage Increases
A guaranteed personal rands and cents increase for all workers this year; and
Guaranteed rands/ cent increase in 2022 and 2023.
| Wage Increases 1 July 2021 to 30 June 2024 |
The rate for new workers set out above is the minimum entry level wage rates for new entrants into a company,
Existing workers will receive the guaranteed personal rands/ cents increase to their hourly rate of pay per hour.
SEIFSA recommends implementation of final offer.
With the strike in its tenth day and given that Solidarity and UASA have accepted the final offer, the SEIFSA Council has unanimously endorsed a recommendation that affiliated member companies begin implementing the final offer as from tomorrow.
Whilst we request individual member companies to be guided by this recommendation, we nevertheless implore member companies to be guided by circumstances and the prevailing industrial relations climate on each and every shop floor.
Of the five trade unions that have bargained with SEIFSA, Solidarity and UASA have indicated their acceptance of the offer. SAEWA have confirmed their rejection of the final offer but are not out on strike. NUMSA and MEWUSA remain on strike. Accordingly, a company may be faced with one, some or all of the following scenarios:
- None of your employees are members of any trade union;
- Some of your employees are unionised;
- If unionised, and your employees belong to NUMSA or MEWUSA, all of your NUMSA and MEWUSA employees are out on strike;
- Most or some of your employees have continued to work during the strike;
- Most of your employees, barring NUMSA and MEWUSA members, have wanted to work but were prevented from doing so and/or where unable to report for duty and/or management took a decision, for reasons related to their personal safety and protection and sent employees home.
Should you elect to implement the final offer, the implications of this will be as follows:
- All scheduled employees, except for NUMSA and MEWUSA members, must receive the increase, as set out in the attached wage schedule, effective from date of implementation;
- Implementation of the final offer must not be extended to NUMSA and MEWUSA members, as NUMSA and MEWUSA is still on a protected strike and they have not signed the agreement. Therefore employees who are members of NUMSA and MEWUSA whether they are on strike or not, must not receive the final wage increase, unless;
- An individual NUMSA or MEWUSA member elects to abandon his/her participation in the strike and before being allowed back into the factory, he/she signs the attached undertaking - no other demand/s must be made on the employee.
Implementation of the final offer for all of the above employees implies that they are entitled to back-pay from 1 July 2021. As backpay is a matter for discussion and agreement between management and employees at individual company level, it is recommended that backpay remain a matter for discussion until after the strike has ended.
With regards to implementation, we ask all member companies to please implement the final offer as a guaranteed Rands/ cents amount.
SEIFSA has shared the details around the plan of action emanating from urgent discussions with the National Joint Operational and Intelligence Structure (NATJOINTS), which is the coordinating body of all security and law enforcement agencies throughout the country, including the SA Police Force, SANDF and Metro Police, that took place over the weekend.
Our aim is to see more feet on the ground, visible, active, properly resourced and coordinated resources targeted at acts of violence, intimidation, destruction to plant, equipment and valuable infrastructure and indiscriminate attacks on fellow workers exercising their constitutional right to work.
As the strike and lock out continues into another week, we have consistently communicated that the longer the posturing and refusal to settle on the part of NUMSA continues, the more jobs will eventually be lost in an industry that should instead be doing everything possible to protect each and every valuable job in the sector.
Again, we kindly remind the membership to ensure that all necessary precautions and contingency plans are in place, reviewed and where necessary revised. Unfortunately, it does look like another week will be lost.
Should you have any queries, questions and/or concerns during this difficult period please contact the Staff of the Industrial Relations Division on (011) 298-9400 who will assist.
As this saga plays out, we are acutely aware of what is at stake. Not just for our members but for the entire industry. We are at a cross roads and the lines in the sand have been drawn. It is regrettable and unfortunate but we have a duty to protect our industry from ever increasing costs of doing business, which do nothing more than make the sector increasingly uncompetitive.
In closing, I again take this opportunity to thank each and every one of our loyal affiliated membership. I can assure you that we remain committed and resolute to settling this round of negotiations, within mandate and with as little destruction to our economic base as possible.
We will continue to keep all members fully informed as developments unfold.
Stay safe and remain vigilant.
SEIFSA & NATJOINTS collaborative effort to curb strike violence.
A delegation from SEIFSA had meetings with NATJOINTS over the weekend in a collaborative effort to curb the violence during the strike.
During the meeting hotspots for strike violence were identified and SEIFSA was tasked to gather information and share credible information with various structures in NATJOINTS, i.e. VisPol and POPS, in order to ensure a speedy reaction to violent protest.
Should you experience any violent strike action in your area, kindly immediately contact the following:
Gauteng: Christa Smit (083 444 1365 / christa@seifsa.co.za)
Theresa Crowley (082 725 6717 / theresa@seifsa.co.za)
Khumo Kodisang (065 242 5162 / khumo@seifsa.co.za)
KZN: Kylie Griffin (082 563 0574 / director@kzneia.co.za)
Eastern Cape: Keith Volsoo (083 233 2900 / keith@ostratahr.com)
Western Cape: Bernard Ashlin (082 336 4446/bernashlin@gmail.com)
Melanie Mulholland (082 852 2925 / melanie@capeeng.co.za)
Kindly share with them:
- exact location (i.e., street and suburb – preferably a pin location) of the violent strike action;
- the approximate size of the group of strikers; and
- as much details of the nature of the violence (i.e., petrol bombing / damage to infrastructure / blocking of raods / assult).
Should you have visual evidence of the violence, i.e. video or photographs, kindly also forward this to the above contacts. However, kindly ensure that this footage is credible if not taken by yourself and share the contact information of the source of the footage.
The NATJOINTS structures asked us to implore our members to report any crimes during the strike and any intimidation relating thereto to the SAPS, even if perpetrators cannot be identified. If the SAPS do not have the information, they cannot adequately monitor the situation.
The various structures at NATJOINTS have committed to addressing any violence during the strike action with urgency, have committed to mobilizing POPS units from unaffected areas to affected areas to ensure promt responses and have committed to increasing visable policing in the affected areas as a deterrent.
We wish to thank Major General Mkwanazi and heads of the structures in NATJOINTS for making themselves available on short notice over the weekend to deal with the strike violence. We have also received various reports from our membership of the SAPS who have acted promptly and managed to diffuse violence during strike action efficiently in certain areas - for these efforts we also wish to thank the SAPS on behalf of our members.
We will continue to keep you abreast of developments as they unfold over the next few days.
SEIFSA confirms improved offer, NUMSA rejects and strike enters day 8.
With the strike in its eighth day, lost wages exceeding R 100 million and production in all likelihood, five times that number, the SEIFSA negotiating team is continuing to do everything in its power to find a fair, sensible and sustainable solution to the impasse.
This notwithstanding, SEIFSA cannot condone the rampant acts of violence, intimidation and indiscriminate attacks on fellow workers exercising their constitutional right to work. Indiscriminate, blatant and completely unacceptable criminal acts of destruction to plant, equipment and valuable infrastructure cannot ever be tolerated.
SEIFSA is in urgent talks with the National Joint Operational and Intelligence Structure (NATJOINTS), which is the coordinating body of all security and law enforcement agencies throughout the country, including the SA Police Force, SANDF, Metro Police etc. We will be pressing for an urgent roll-out, across the country, of more feet on the ground, visible, active and properly resourced and coordinated resources targeted at blatant acts of thuggery. We are in the process of finalising the identification of various hot-spots around the country and a plan of action with contact persons and roll-out of the intervention will be communicated shortly.
This morning the SEIFSA Council, having taken careful stock of the situation, took a unanimous decision to endorse an improved offer to settle on the following terms:
- A three (3) year deal;
- Guaranteed personal increases to workers on a rands/ cents amount in each of the three years of the agreement;
- Rate A workers (artisans) in years 1, 2 and 3 will receive a guaranteed personal increase of R 4,24; R 4,45; R 4,67 per hour respectively;
- Rate H workers (general labourers) in years 1, 2, and 3 will receive a guaranteed personal increase of R 2,97; R 3,15 and R 3,34 per hour;
- In principle support for the gazettal and extension of the Main Agreement to all non-party employers and employees falling under the scope of the Main Agreement; and
- A special phase-in dispensation for employers and employees who have been operating outside of the scope of the Main Agreement.
For a general labourer the total cost to company moves to a minimum of R 12 734,00 per month. Given the current economic and trading conditions and economic data tracking the performance of the sector over the last 24 months, we believe the improved offer is more than fair, equitable and sustainable.
As the strike and lock out continues to play out in the industry, SEIFSA’s negotiation team, will continue to push for a settlement as quickly as possible. The longer the posturing and refusal to close continues, the more jobs will eventually be lost, in an industry which should be doing everything possible to protect each and every job in the sector.
Again, we kindly remind the membership to ensure that all necessary precautions and contingency plans are in place, reviewed and where necessary revised. Unfortunately, it does look like another week may be lost.
Should you have any queries, questions and/ or concerns during this difficult period please contact the Staff of the Industrial Relations Division on (011) 298-9400 who will assist.
As we continue this journey, we are acutely aware of what is at stake. Not just for our members but for the entire industry. We are at a cross roads and the lines in the sand have been drawn. It is regrettable and unfortunate but we have a duty to protect our industry from ever increasing costs of doing business, which do nothing more than make the sector increasingly uncompetitive. Tragically we are witnesses to a sector that is slowly beginning to show some growth, which is being eroded by the events of the last eight days. It is a great tragedy that what is unfolding is in no one’s best interests, least of all our employees, most of whom want to work.
In closing, I again take this opportunity to thank each and every member of the Negotiating Team, the Associations and most importantly you, our loyal affiliated member. I can assure each and every one of you that we remain committed and resolute to closing this round of negotiations, within mandate and with as little destruction to our economic base as possible.
We will continue to keep all members fully informed as developments unfold over the next few days.
Stay safe and remain vigilant.
CCMA issues picketing rules.
Picketing Rules have been issued by the CCMA binding the Parties behaviour during the industrial action that will unfold over the next couple of days.
If you have not yet received the download it here:
The NUMSA strike will commence at 0:500 on Tuesday, 5 October 2021.Concerning the strike please communicate the following to your employees:
- Management recognises the right of workers to strike;
- Management recognises the right of those workers who do not wish to participate in strike action NOT to strike;
- Acts of intimidation, victimisation and/or forcing employees who do not wish to participate in strike action to do so against their will - witnessed and/or reported to management, will not be condoned or tolerated and the appropriate and necessary disciplinary action will be taken;
- All acts of damage to company property, witnessed, recorded and/or reported to management will likewise lead to disciplinary action on the grounds of serious misconduct; and
- All absences from work and/or work stations as a consequence of participating in strike action will be treated on the basis of NO WORK; NO PAY
Please also note that we will be circulating a Strike Survey on every-day of the strike in order to track support for the strike and managements responses thereto.
The Survey will be brief and shouldn’t take you longer than 5 minutes to complete. Please complete the survey, it is critically important that we have a clear and proper understanding of what will unfold over the next few days
With regards to implementing a lock-out in response to strike action, again this is your call and your call only, should you wish to do so.
In the interim, SEIFSA’s Negotiating Team will continue to keep all channels of communication open with all trade unions in an endeavour to mitigate the impact the strike and the lock-out will have on the industry.
Again, we kindly remind the membership to ensure that all necessary precautions and plans are in place in anticipation of what will commence on Tuesday.
Should you have any queries, questions and/ or concerns before, during or post this episode please contact the Staff of the Industrial Relations Division on (011) 298-9400 or myself directly on (011) 298-9414.
As we gear up for what will unfold, I take this opportunity to thank each and every member of the Negotiating Team, the Associations and most importantly you our affiliated membership. I can assure each and every one of you that we remain committed and resolute to closing this round of negotiations, within mandate and with as little disruption as possible to the industry.
We will continue to keep all members fully informed as developments unfold over the next few days.
Stay safe and remain vigilant.
Download Strike picketing rules:
SEIFSA serves notice of lock-out.
In response to NUMSA’s declaration of strike action, which schedules strike action to commence on Tuesday, 5 October, SEIFSA today served a notice of a defensive Lock-out.
A draft copy of the Lock-Out Notice is attached together with Annexure A hereto, for your use, should you wish to declare a lock-out.
By virtue of this notice, SEIFSA, on behalf of its Associations, has reserved the rights of the membership to implement a lock-out in response to strike action, should a company wish to do so.
In the interim, SEIFSA’s Negotiating Team is continuing to explore all settlement possibilities with organised labour in an endeavour to limit the impact that the strike and lock-out will have on the industry.
Again, we kindly remind the membership to ensure that all necessary precautions and plans are in place as we continue to work towards a settlement. We will continue to keep all members fully informed as developments unfold
NUMSA serves notice of strike action.
As expected at approximately 16:15 yesterday NUMSA officially served notice of strike action against the SEIFSA affiliated Associations, NEASA, SAEFA and the CEO.
A copy of the formal notice is attached which confirms that the strike will commence at 05:00 on Tuesday, 5 October, with a march to Metal Industries House in the CBD, with marches also expected in the Cape and KZN.
SEIFSA on behalf of the Associations will soon be responding with a formal notice of lock-out in response to the strike, thereby reserving the right of the membership to implement a lock-out, should a company wish to do so.
In the interim, SEIFSA, through the duly appointed Negotiating Team is continuing to explore all possible settlement possibilities with organised labour in an endeavour to limit the damage industrial action will inflict on the sector.
However, in light of the fact that the action on Tuesday next week will proceed, we once again urge all members to take all necessary precautions and plan for the worst case scenario which we will be doing our utmost to mitigate.
We will continue to keep all members fully informed as developments unfold.
Picketing rules dealt with - formal notice of strike.
Members will be aware that NUMSA is in dispute with the SEIFSA affiliated Associations, NEASA, SAEFA and the CEO. Having received the certificate of non-resolution, the only procedural step preventing NUMSA from being able to issue the 48 hours’ notice of strike action is sign-off on a set of agreed picketing rules.
At this morning’s MEIBC/ CCMA facilitated meeting held between all of the parties, the employer organisations were not agreeable to signing-off on a draft set of rules tabled by NUMSA. The employer organisations unanimously agreed that in response to the draft rules tabled by NUMSA, the CCMA Commissioner, guided by the applicable provisions of the Labour Relations Act (attached), the Disaster Management Act and Regulations or Directions governing the management and spread of the COVID-19 pandemic, should instead determine the rules for the parties.
The CCMA facilitator agreed and has undertaken to do so by no later than Sunday, 3 October. The moment we receive the default picketing rules we will immediately circulate them to the membership. In the interim please familiarise yourselves with the attached extract from the Labour Relations Act.
Having dispensed with this procedural step we now expect NUMSA to serve notice of its intention to engage in a protected strike commencing with a march to Metal Industries House on Tuesday, 5 October. Once we receive this notice we will formally respond with a notice of lock-out in response to the strike, thereby reserving the right of the membership to implement a lock-out, should a company wish to do so. We will circulate the strike notice and the lock-out notice the moment we receive formal notification from NUMSA.
In the interim, SEIFSA, through the duly appointed Negotiating Team is continuing to test and explore all possible settlement possibilities with organised labour in an endeavour to limit the damage industrial action will inflict on the sector. Unfortunately, it is now clear that the action on Tuesday next week will proceed.
We will continue to keep all members fully informed as developments unfold.
NUMSA indicates intention to commence with strike action on 5 October 2021.
Members will be aware that the bargaining council has issued a certificate of non-resolution confirming that the dispute declared by NUMSA against SEIFSA (representing member Associations), NEASA, SAEFA and the CEO remains unresolved.
The issuing of this certificate opens the way for potential strike and lock-out action but only once strike and picketing rules have been agreed between all the parties and in the absence of such agreement, imposed by the CCMA.
Once strike and picketing rules have been finalised, NUMSA will still be legally obliged to serve 48 hours’ notice of its intention to participate in protected strike action. SEIFSA in response, has already complied with all the legal obligations necessary in order to reserve the right of member companies, who may elect to lock-out striking employees.
To date strike and picketing rules have not been finalised and no formal 48 hour notice has been served. Importantly, SEIFSA, through the duly appointed Main Agreement Negotiating Team is continuing to test and explore all possible settlement possibilities.
We have now become aware through various communiques doing the rounds in the industry, that following the convening of the NUMSA National Shop Stewards Council and a Special National Executive Committee (NEC) that took place over the weekend, a decision was taken that strike action will commence on 5 October 2021.
In the light of this latest development, members are once again urged to plan for the worst case scenario and ensure that adequate stock, material, enhanced security etc. are in place. We will immediately advise the membership the moment we receive formal notice of strike action.
If it becomes inevitable that strike action will materialise, we will immediately on receipt of the formal 48 hours’ notice of intended strike action, circulate the requisite company lock-out and shut-out letters.
We will continue to keep all members fully informed as developments unfold.
NUMSA call for certificate of non-resolution and inches the industry closer to potential strike action.
At today’s CCMA facilitated MEIBC Dispute Sub-Committee Meeting (held between NUMSA, Solidarity, UASA, MEWUSA, SAEWA, and the SEIFSA Employer Associations, NEASA and SAEFA) NUMSA exercised its right to call for the issuing of a certificate of non-resolution.
Members will be aware that negotiations are taking place under the auspices of the MEIBC’s Constitution, which prescribes that once a dispute has been declared and a process has been agreed on how best to deal with the dispute - on the expiry of a thirty-day window - any party to the dispute may call for the issuing of a certificate of non-resolution.
With NUMSA having declared it’s dispute against all the employer organisations on the 29 July, and SEIFSA obo the Associations having countered with it’s dispute against NUMSA on 2 August, NUMSA is within it’s right to call for the certificate.
It is important to note that the certificate of non-resolution does not automatically trigger the issuing of the 48 hours’ notice of intended strike action. NUMSA will still need to formulate their strike notice and formally serve it on SEIFSA, NEASA, CEO and SAEFA.
Over and above the requirement to formally serve the strike notice on the employer organisations, Strike and Picketing Rules will need to be agreed between the parties, failing which the CCMA Facilitator will impose such rules on the parties.
Having called for the certificate, NUMSA, supported by all the trade unions indicated their availability to meet with all employers in a final push to find common ground. The SEIFSA appointed Negotiating Team will immediately be taking NUMSA up on this offer and will ensure that no other party is left behind. Unfortunately, we cannot guarantee what NEASA, CEO and SAEFA may or may not do.
In closing we will continue in our endeavour to do whatever is reasonably possible to avoid the prospect of industry industrial action, which regrettably will be in no-one’s best interests.
In the light of this latest development, members are once again urged to plan for the worst case scenario and ensure that adequate stock, material, enhanced security etc. are in place. We will immediately advise the membership should continued negotiations break down further and/ or a formal strike notice has been issued and received.
Insofar as our dispute against NUMSA is concerned, I can confirm that all the necessary constitutional requirements in respect of each Association’s Constitution, with reference to conducting a secret ballot, have been met. The ballot was overseen and scrutinized by an independent organisation. The support to implement a lock-out against a strike, should it become necessary to do so, was unanimous.
If it becomes inevitable that strike action will materialise and employers may wish to implement a lock-out, we will immediately on receipt of the formal 48 hours’ notice of intended strike action, circulate the requisite company lock-out letter.
We will continue to keep all members fully informed as developments unfold.