NATLEX
Database of national labour, social security and related human rights legislation
United States of America (1,643) > General provisions (141)
| Name: | South Africa and Fair Labor Standards Rule (22 CFR Parts 60 to 65) |
| Country: | United States of America |
| Subject(s): | Human rights |
| Type of legislation: | Regulation, Decree, Ordinance |
| Adopted on: | 1985-12-23 |
| Entry into force: | |
| Published on: | Federal Register, 1985-12-31, Vol. 50, No. 251, pp. 53308-53313 |
| ISN: | USA-1986-R-2265 |
| Link: | https://www.ilo.org/dyn/natlex/natlex4.detail?p_isn=2265&p_lang=en |
| Bibliography: | Federal Register, 1985-12-31, Vol. 50, No. 251, pp. 53308-53313 |
| Abstract/Citation: | These Regulations, which are in line with the United States policy of "constructive engagement", require United States firms in South Africa to take good faith measures to implement fair labour standards and to report to the Department of State in this regard. Fair labour standards are defined as desegregating the races in each employment facility, providing equal employment opportunity for all employees without regard to race or ethnic origin, assuring that the pay system is applied to all employees without regard to race or ethnic origin, establishing an appropriate minimum living wage and salary structure, increasing by appropriate means the number of persons who are disadvantaged by the apartheid system in managerial, supervisory, administrative, clerical and technical jobs, taking steps to improve the quality of employees' lives outside the work environment with respect to housing, transportation, schooling, recreation and health, and recognising the right of all employees to self-organisation and to form, join or assist labour organisations freely and without penalty or reprisal, as well as the right to refrain from such activity. The Regulations apply to United States nationals who employ at least 25 individuals in South Africa, or who own or control more than 50 percent of the outstanding voting securities of a foreign subsidiary or other entity that employs at least that number, or who controls in fact (as further defined) any other foreign entity employing that number. These United States nationals are required to register, to maintain records regarding fair labour practices, and to report annually to the Department of State regarding the implementation of the principles. Bona fide participants subscribing to the voluntary Sullivan Code and filing reports thereunder are exempt from the requirement of submitting a separate detailed annual report. The Office of Southern African Affairs of the Department of State is to prepare an overall annual report concerning the implementation of the general policies and reporting requirementsection In cases of non-adherence, the Regulations provide that no United States department or agency may intercede with any foreign government regarding export marketing activity (promoting sales, participating in trade fairs, etc.). Failure to comply the reporting and registration requirements (only) is subject to a civil penalty involving a fine of up to $10,000, or up to $50,000 in cases of willful violation (this does not apply to financing of experts by the Export-Import Bank to South Africa). An Appendix contains examples of fair labour practicesection The Regulations implement Executive Order 12532 of 9 Sept. 1985 (Federal Register, p. 36861 et seq.) under the authority of section 203 of the International Emergency Economic Powers Act (50 USC 1701). |