Exploitation by labour brokers at MTN

I am employed by an agency by the name of Tlhalefang based in Durban. I
engaged on this job on in 2007 and I have been a Temp since, there are no
benefits of what so ever we only pay UIF and the company contributes half.

In this call centre we are close to 630 and we are all working as Temps.

Initially MTN had outsourced to a company called Interaction and Interaction
had hired Tlhalefang to do recruitment for MTN. Since we are Temps anytime
they wish to dismiss someone they just do so anytime. We work long hours and
half of the time we are short paid. On the 1st of December MTN terminated
their contract from Interaction and signed a new one with Tlhalefang. Our
supervisors were therefore employed by MTN. At this time we expected change
in terms of conditions that we work under and pay. The only change we saw or
rather a benefit was being entitled to a R10 food subsidy on a daily basis.
The last time we got an increment was in September 2008 and when we enquire
about a raise they tell us that it’s not stipulated in our contracts and
they do salary reviews after two years. Instead of making changes in January
they sent us the attached Memorandum stipulating that our salaries will be
adjusted and the difference will only be 2cents.

Tlhalefang placements has insulted us in so many ways and then they called
it professionalism. The last time we received an increment was, never since
they were appointed as an agency for MTN. They now come back and give us a
R31.12 as they say is a “SALARY ALIGNMENT ACROSS THE BOARD OF 173 AGENTS”
when in fact agents in MTN Polokwane and MTN Johannesburg get paid a lot
more than we get. Taxis, food, accommodation and school fees to mention a
few increase every year and our employer does not care about that. This is
what is called TRADE LABOUR, how can we continue to work under this
environment. MTN keeps on saying refer to AGENCY. On top of that they
decreased our shift allowance from 20% to 10%;meaning we do not get 1.5
shift allowance as per the BCEA.And that was effective from the 23 December
2010 on our pay without evening our consent.

We as the Call centre agents then came together and formed a  forum to
approach the agency with our concerns and decline the Memorandum.Thlalefang
told us that they will negotiate anything with us as our Employment contract
is not negotiable. Soon after that they sent us numerous emails stating
that we need to sign new contracts immediately and failing to do that will
lead to Disciplinary measures. What I fail to understand is why do they make
us sign new contracts when nothing has changed. On the contract they state
clearly that we will never be permanent. Is that an acceptable Labor
practice? On top of it all one of our Forum representatives was suspended
under allegations that he had misled other agents  and made false
allegations about the agency  and he hasn’t been re-instated. When the forum
had a meeting with Tlhalefang in about a week ago Tlhalefang Management
refused to discuss his suspension and said his suspension was a personal
matter between him and the management.

We managed to join the Communications Workers Union and Matthew Ramos(KZN
Administrator) has vowed to stand by us. The Tlhalefang Management has
refused to meet with our union representatives.

These are the major concerns that  we have :

1. We have been Temps since 2006 and according to BCEA SECTION 83 that is
unlawful.
2. We do not have any benefits ; our employer  deducts only UIF and P.A.Y.E.
but our management has benefits such as Medical aid
3. We have never had a pay increase since September 2008 and it ranged
between R2.20 and R2.70. Can one work in a company for more 2 years without
a raise?
4. A lot of agents have been unfairly dismissed especially those who have
stood up against the unfair treatment from management
5. The environment is not conducive at all for working due to ridiculous
house rules and regulations that the Agency has put in place
6. A couple of people have tried to raise our concerns in the previous years
but they were either dismissed or bribed by being offered higher positions.
7. Last year 2010 December MTN took over the contract from a previous
contractor Interaction and we expected a raise in pay but instead our shift
allowances dropped from 20% to 10%
8. When we signed contracts we were told that  we are in an ongoing
contract, all of a sudden they forwarded us a memorandum stating that we
need to sign new contracts and our pay has been adjusted by a lousy 2 cents.
That is questionable as well; why are they making us sign new contracts now?
And why instead of a pay increase to we get an adjustment of 2 cents?
9. When we approach Senior Management from MTN regarding this matter they
chase us away and tell us they have nothing to do with it we should consult
our agency.
10.We have had so many cases where we have been short paid and even now I
have been short paid by at least 1/ 4 of my monthly salary and to date they
have not rectified that.

On Thu, Jan 27, 2011 at 7:03 AM, Ndinisa Maviyo <[email protected]>wrote:

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-- 
Regards,

Matela Mthwalo
Managing Director
M-Cubed Business Solutions
Mobile Phone:0735234919
Fax:0865620177

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