Input on the toursim bill published in Government Gazette No. 35909 of 30 November 2012

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TUSA

Tourism Union of South Africa

February 2013

INPUT ON THE TOURSIM Bill published in Government Gazette No. 35909 of 30 November 2012)

On behalf of the TUSA I would like to use this opportunity to comment on the above Bill. What follows is a brief summary of the main points first, followed by a more detailed submission.

However, keeping the complexity of the tourism industry in mind, TUSA courteously requests an opportunity to make an oral presentation where matters relating to organised labour in the industry will be addressed.

SUMMARY OF INPUT FROM TUSA

1. 
   The new tourism act needs to be in line with the Labour Relations Act
   
2. 
   Codes of good practice for tourism should extend to all in the industry
   
3. 
   Strict enforcement of the tourism law should be practised
   
4. 
   Tourism jobs should be protected by the law.
   
5. 
   The 3 – year period for re-registration of guides is welcomed
   
6. 
   Divers matters
   

EXPANSION ON THE ABOVE

1. IN LINE WITH THE LABOUR RELATIONS ACT

Chapter 2 4.4(b) refers. As an organised labour organisation of the tourism industry we find it disconcerting that very little detail is mentioned about labour issues in the Bill. Although the Objects of the Act mention that working conditions need to be improved and access to the tourism sector needs to be addressed (Ch 1. 2.2 (b) we do not find enough guidance on the following matters:

(ii) business hours

(iii) facilities that must be available

There was no consultative process regarding NORMS AND STANDARDS with organised labour. There are therefore glaring omissions.

TUSA recommends standardisation by consensus in all matters pertaining to workers in the tourism industry i.e. business hours, facilities, remuneration, work contracts.

TUSA recommends that the Tourism Protector consult with organised labour so that standardisation of workers’ rights can be attained by consensus.

The Labour Relations Act makes the difference between contract workers and employees clear. Yet, in the tourism industry this is not practiced

Examples:

Although drivers and guides wear the uniform of the tour operator, work according to their set hours and their set schedule, they are seen as contract workers and not as employees. This translates into

• 
  no sick leave
  
• 
  no leave pay
  
• 
  no workman’s’ compensation
  

Tourism workers seldom sign contracts with the tour operators.

There are no work hours stipulated for tourist guides.

TUSA recommends that the Bill address these issues in no uncertain terms e.g. it has yo become law that all tourist guides sign clear contracts with the employer.

2. CODES OF GOOD PRACTICE FOR TOURISM SHOULD EXTEND TO ALL IN THE INDUSTRY

In Chapter 2.8 the Codes of good practice for tourism are discussed. Workers in the industry have empirically proven that workers such as porters, drivers and guides are often treated unfairly. Issues that need to be addressed are

• 
  Long work hours without compensation
  
• 
  unreasonable demands from tour operators on guides
  
• 
  driving without proper rest periods
  
• 
  reliance on gratuities only for an income
  
• 
  no standard for remuneration.
  

Tourist guides sign a Code of Conduct when they register and re-sign it at every re-registration.

TUSA recommends that a similar Code of Conduct is prescribed for other workers and employers in the industry.

TUSA recommends that tour operators are more regulated by making registered training compulsory and implementing a grading system for Tour Operators.

3. STRICT ENFORCEMENT OF THE TOURISM LAW

Inspections of illegal tourist guides are regularly conducted in the Western Cape.

Ch 6 (g) states that the Provincial Registrar should lay a charge with the SAPS if any contravention of the law is proven.

TUSA recommends that

• 
  Inspections should be done in all provinces
  
• 
  inspectors tasked with the Illegal Guides Inspections as conducted in the Western Cape, will be empowered as Honorary Law Enforcement officers to enforce the law immediately when a perpetrator is proven to have contravened a law.
  

This would also be of help in the need for job protection.

Ch 6. 54.8 states that the name of a guide whose name has been withdrawn from registration should be published in at least one newspaper in the province.

TUSA recommends that this is strictly adhered to.

The payment of UIF is a regulation of SARS and is being deducted from workers’ salaries. However, in many instances employers do not pay this over to SARS. This has caused a dilemma when workers want to claim UIF.

The same is true for PAYE. Monies are being deducted from workers’ salaries and not paid over to SARS by employers.

TUSA recommends that this is included in the Bill to strengthen the case of SARS and that it is strictly policed.

4. JOB PROTECTION

For decades tourist guiding has been seen as the only way to work in the tourism industry. This has caused an oversupply of tourist guides. These guides have to pay large sums of money to be trained, register, re-register, obtain a PrDP and regularly update their First Aid certificate.

However, contrary to what the Transportation Act stipulates it is now mentioned in this Act that a driver of a big coach, if a registered guide may drive and guide.

Not only will this dilute the impact and importance of guiding visitors, it will also endanger the lives of the passengers, reduce job opportunities for guides and cause too much fatigue for the driver/guide.

TUSA recommends that this Act should align with the existing Transportation Act and not allow driver-guiding on big coaches.

TUSA recommends that a part of the re-registration fees for First Aid be subsidised by the re-registration fee that is paid by the guides.

The professionalisation of the guiding industry has been discussed on many platforms, yet has not been mentioned in the Act. Professional guides who have passed stringent quality assessments, will not only will enhance visitors’ experience of our country, but will also enhance the status of guides that have attained that professional status.

TUSA recommends that clear guidelines for the professionalisation of guides be mentioned in the Act and that this concept be marketed.

A lot of attention is given to the Tourism Board in the Act and TUSA welcomes that. However, other necessary workers in the industry like porters who supply in a vital need at many of the destination points are never mentioned.

TUSA recommends that clear guidelines for these industry workers are set and enforced.

The age at which people may become a tourist guide as well as at what age it would be in the interest of all to leave the industry needs to be determined. As this is an industry that thrives on life experience this matter needs to be thoroughly discussed and consensus reached over a wide field. Care should be taken not to violate the South Africans Constitution. This will also influence the guidelines for professionalisation.

TUSA recommends that the entry and exit levels of guides in the industry be discussed and recommendation made in this regard in the Act.

Ch 6. 48.2.(e) stipulates that the National Registrar disseminates information that will promote and develop the tourist guiding industry. However, there are prominent local tourism organisations that work directly against jobs for tourist guides by placing overpowering advertisements for self-drives, buses that take tourists around without guides on board, tourism radio services and CDs that assist in self-driving. Nowhere are the services of guides actively promoted.

TUSA suggests that

• 
  the National Registrar’s power to address issues like these effectively be enhanced and
  
• 
  that both his and the Provincial Registrars’ information dissemination be made 100% more effective by providing sufficient funding for that purpose. This will truly facilitate the growth and development of the tourist guide sector (see Ch 6.48.2(f) i and 49.2c)
  

Under 3 (a) The Law forbids a guide to register as a guide if s/he has been convicted of committing an offence.

TUSA recommends that proof of a clean slate be provided to the Registrar at registration like in the case of obtaining a PrDP.

5. RE-REGISTRATION EVERY 3 YEARS FOR IS WELCOMED

Ch 6 3 (d) gives a time constraint of two years within which a guide needs to pass a quality assurance process if his/her registration has lapsed. Will this change to three years in line with the new suggested re-registration period?

TUSA recommends that clarity be given on this matter.

6. DIVERS MATTERS

• 
  Could the term “scheme” be defined for the sake of clarity?
  

Ch 6.7 (b) states that registration is valid “in all the provinces of the Republic”. This can create confusion.

TUSA recommends that this statement is clarified.

• 
  Section 18 of the amendments of Chapter 2 of the Bill of Rights of South Africa, i.e.
  

Freedom of association states that “Everyone has the right to freedom of association”; and

Section 23of the abovementioned, Labour relations clearly states:

Everyone has the right to fair labour practices.

Every worker has the right ­

to form and join a trade union;

to participate in the activities and programmes of a trade union; and

to strike.

Every employer has the right ­

to form and join an employers' organisation; and

to participate in the activities and programmes of an employers' organisation.

Every trade union and every employers' organisation has the right ­

to determine its own administration, programmes and activities;

to organise; and

to form and join a federation.

Every trade union, employers' organisation and employer has the right to engage in collective bargaining. National legislation may be enacted to regulate collective bargaining. To the extent that the legislation may limit a right in this Chapter, the limitation must comply with section 36(1).

National legislation may recognise union security arrangements contained in collective agreements. To the extent that the legislation may limit a right in this Chapter, the limitation must comply with section 36(1).

In line with sections 18 and 23 TUSA recommends that role players in the tourism industry be alerted to this. There is still discrimination towards workers who are part of the organised labour union.

SUMMARY OF RECOMMENDATIONS

As representative of organised labour in the tourism industry TUSA’s recommendations are summarised as follows:

• 
  There needs to be standardisation by consensus in all matters pertaining to workers in the tourism industry i.e. business hours, facilities, remuneration, work contracts, Codes of Conduct for other workers and employers in the industry..
  
• 
  The Tourism Protector and government organisations should consult with organised labour so that standardisation of workers’ rights can be attained by consensus.
  
• 
  TUSA recommends that tour operators are regulated by making registered training compulsory and implementing a grading system for Tour Operators.
  
• 
  To strictly enforce the tourism law and thereby protect employment in the industry TUSA recommends that
  

• 
  Inspections of tourist guides should be done in all provinces
  
• 
  inspectors on these inspections should have law enforcement powers
  
• 
  the name of a guide whose name has been withdrawn from registration be published
  
• 
  employers should be policed to see if UIF and PAYE is paid to SARS
  
• 
  this Act should align with the existing Transportation Act and prohibit driver-guiding on large coaches
  
• 
  clear guidelines for the professionalisation of guides and work conditions of workers like porters be indicated and enforced
  
• 
  the entry and exit levels of guides be discussed and recommendation made in this regard in the Act
  
• 
  the National Registrar’s power to address issues effectively be enhanced and that both his and the Provincial Registrars’ information dissemination be funded better to enhance growth
  
• 
  a part of the re-registration fees for First Aid be subsidised by the re-registration fee that is paid by the guides
  
• 
  a guide provides proof of a clean criminal slate to the Registrar at registration
  

• 
  TUSA further asks for clarity on
  
  • 
    the term “scheme”
    
  • 
    whether the time constraint of two years within which a guide needs to pass a quality assurance process if his/her registration has lapsed will be extended
    
  • 
    the words that registration of a guide is valid “in all the provinces of the Republic”.
    
• 
  TUSA recommends that, in line with sections 18 and 23 role players in the tourism industry be alerted to what these sections state so that discrimination towards workers in the tourism industry who are part of the organised labour union can come to an end.
  

Thank you for considering our submission.

I would however reiterate the importance of the need to address some of these issues in an oral submission. I would like to ask that you consider this request favourably.

Yours in tourism

Sincerely

Joleen du Plessis

TUSA General Secretary

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