Select Committee Presentation 2 September 2009

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Select Committee Select Committee Presentation Presentation

2 September 20092 September 2009

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EMPLOYMENT EQUITYEMPLOYMENT EQUITYCONSTITUTION of RSA CONSTITUTION of RSA

Chapter 2 Bill of Rights Section 9(2)Chapter 2 Bill of Rights Section 9(2)

““Equality includes the full and equal enjoyment Equality includes the full and equal enjoyment of all rights and freedom. To promote the of all rights and freedom. To promote the achievement of equality, legislative and other achievement of equality, legislative and other measures designed to protect or advance measures designed to protect or advance persons, or categories of persons persons, or categories of persons disadvantaged by unfair discrimination may be disadvantaged by unfair discrimination may be taken”taken”

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PURPOSEPURPOSE OF EE ACT OF EE ACT

To achieve equity in the workplace by-

Promoting equal opportunity and fair treatment in employment through elimination of unfair discrimination; and

implementing affirmative action measures to redress the disadvantages in employment experienced by designated groups to ensure their equitable representation in the workplace.

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Chapter 2: Prohibition of unfair Prohibition of unfair discriminationdiscrimination

• No person may unfairly discriminate, directly or No person may unfairly discriminate, directly or indirectly against an employee or job applicant indirectly against an employee or job applicant in any employment policy or practice on one or in any employment policy or practice on one or more grounds, including race, gender, more grounds, including race, gender, pregnancy, HIV status, disability, etc.pregnancy, HIV status, disability, etc.

• Disputes concerning unfair discrimination must Disputes concerning unfair discrimination must be referred to the CCMA and Labour Court.be referred to the CCMA and Labour Court.

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Chapter 3: Affirmative ActionChapter 3: Affirmative Action

• Applies Applies only to designated employersonly to designated employers (i.e. (i.e. those that employ 50 and more employees and those that employ 50 and more employees and those who employ less than 50, but turnover those who employ less than 50, but turnover threshold is higher than that in Schedule 4 of threshold is higher than that in Schedule 4 of the EEA).the EEA).

• Designated employers must:Designated employers must: Consult with employees when conducting Consult with employees when conducting

analysis of workplace; analysis of workplace; Preparing and implementing EE Plan; andPreparing and implementing EE Plan; and Before submitting EE Report to DepartmentBefore submitting EE Report to Department. .

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Chapter 3: Affirmative Action (section Chapter 3: Affirmative Action (section 21- EE Reporting)21- EE Reporting)

Large employersLarge employers, i.e. those with 150 and , i.e. those with 150 and moremore employees must submit their first employees must submit their first EE EE ReportReport within six monthswithin six months of being of being designated, and thereafter annually on the first designated, and thereafter annually on the first working day of October.working day of October.

Small employersSmall employers, i.e. with fewer than 150, i.e. with fewer than 150 must submit their first EE Report must submit their first EE Report within twelve within twelve monthsmonths of being designated, and thereafter on of being designated, and thereafter on the first working day of October of every year the first working day of October of every year that ends with an even number.that ends with an even number.

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Chapter 4: Commission for Employment Chapter 4: Commission for Employment Equity (CEE)Equity (CEE)

• Section 28 establishes the CEE.Section 28 establishes the CEE.

• CEE consists of 9 members ( a Chairperson, 2 CEE consists of 9 members ( a Chairperson, 2 representatives from Organised Business, representatives from Organised Business, Labour & Community).Labour & Community).

• CEE mandate includes, amongst others: CEE mandate includes, amongst others: Advising Minister on Codes of good practice, Advising Minister on Codes of good practice,

regulations, policy, etc; andregulations, policy, etc; and Submission of an annual report to MinisterSubmission of an annual report to Minister. .

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Highlights of the 9Highlights of the 9thth CEE Annual Report CEE Annual Report Highlights for the period (2008/2009):Highlights for the period (2008/2009):

Presentation of 8th CEE Annual Report to Portfolio Committee on Presentation of 8th CEE Annual Report to Portfolio Committee on Labour and Cabinet; Labour and Cabinet;

EE Road shows; EE Road shows; Amendments to EE Regulations; andAmendments to EE Regulations; and Feedback on DG ReviewsFeedback on DG Reviews

Analysis of EE reports received in 2008Analysis of EE reports received in 2008

Income DifferentialsIncome Differentials

Concluding RemarksConcluding Remarks

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Chapter 5: Monitoring, Enforcement Chapter 5: Monitoring, Enforcement & legal & legal proceedingsproceedings

• Sections 34-40 deals with EE inspections.Sections 34-40 deals with EE inspections.

• Sections 43-45 deals with Director General Review Sections 43-45 deals with Director General Review process on substantive compliance and progress is process on substantive compliance and progress is follows:follows:

Since 2006 until 31/03/09, 106 companies have been Since 2006 until 31/03/09, 106 companies have been reviewed from top 100 JSE list, including reviewed from top 100 JSE list, including multinationals.multinationals.

1 case out of 106 companies referred to Labour Court 1 case out of 106 companies referred to Labour Court - judgement pending.- judgement pending.

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Protecting Vulnerable WorkersProtecting Vulnerable WorkersLegislative FrameworkLegislative Framework

Basic Conditions of Employment Act, 75 of Basic Conditions of Employment Act, 75 of 1997, as amended1997, as amended

Sectoral determinationsSectoral determinations Children in the Performing Arts (Ministerial Children in the Performing Arts (Ministerial

Determination)Determination) Variations granted i.t.o the BCEAVariations granted i.t.o the BCEA

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Sectoral Determinations PromulgatedSectoral Determinations Promulgated

SD Trade or industry Number of workers covered 1 Contract Cleaning 35000 2 Civil Engineering 27000 5 Learner-ships 16000 6 Private Security 165000 7 Domestic Workers 800 000 8 Farm workers 450 000 permanent 250 000

seasonal 9 Wholesale & Retail 1 2000 000

10 Children In the Performing Arts

+ 5000

11 Taxi 75000 12 Hospitality Workers 650 000 13 Forestry 60 000

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EMPLOYMENT CONDITIONS EMPLOYMENT CONDITIONS COMMISSIONCOMMISSION

““Protecting Vulnerable workers”Protecting Vulnerable workers”

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Role of the ECCRole of the ECC

Established in terms of the BCEAEstablished in terms of the BCEA ECC is an advisory body ECC is an advisory body

Sectoral determinationsSectoral determinations Matters concerning basic conditions of Matters concerning basic conditions of

employment employment Children’s issuesChildren’s issues And othersAnd others

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Composition of ECCComposition of ECCChapter 9Chapter 9

1 member and alternate representing 1 member and alternate representing organised businessorganised business

1 member and alternate representing 1 member and alternate representing organised labourorganised labour

Chairperson appointed by the MinisterChairperson appointed by the Minister

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Protection providedProtection provided

Earnings threshold (R149736)Earnings threshold (R149736)

Extending the protection provided in terms of the Extending the protection provided in terms of the BCEABCEA

Regulations on hazardous forms of child labourRegulations on hazardous forms of child labour Setting out clear regulations of what is regarded as worst forms Setting out clear regulations of what is regarded as worst forms

of child labourof child labour• Respiratory HazardsRespiratory Hazards• Working in hot/cold/noisy environmentsWorking in hot/cold/noisy environments• Working with power toolsWorking with power tools• Working in elevated positionsWorking in elevated positions• Lifting of heavy weightsLifting of heavy weights

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Social Security net extendedSocial Security net extended

Provident Funds established in:Provident Funds established in: Contract CleaningContract Cleaning Private Security SectorPrivate Security Sector

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2009 Investigations2009 Investigations

Contract Cleaning under reviewContract Cleaning under review Civil Engineering finalisedCivil Engineering finalised Private Security Review finalisedPrivate Security Review finalised Wholesale & Retail under reviewWholesale & Retail under review Hospitality under reviewHospitality under review Unskilled Labour (Research phase)Unskilled Labour (Research phase) Impact Study (Research phase)Impact Study (Research phase)

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Child Labour (1)Child Labour (1)

Child Labour Programme of Action Child Labour Programme of Action formally adopted in Cabinet - February formally adopted in Cabinet - February 20092009

Seeks to harness the collective attempts Seeks to harness the collective attempts to address child labour from all to address child labour from all stakeholdersstakeholders

Mainstreamed children’s issues in the Mainstreamed children’s issues in the work plans of relevant government work plans of relevant government departmentsdepartments

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TECL – provided technical assistance in drafting TECL – provided technical assistance in drafting CLPA for period 2008 to 2013CLPA for period 2008 to 2013

CLPA adopted in February 2009CLPA adopted in February 2009 Department of Labour – lead Department for Department of Labour – lead Department for

coordinating & monitoringcoordinating & monitoring IC bi-monthly meetings heldIC bi-monthly meetings held Compliance with Action Steps – by all government Compliance with Action Steps – by all government

departmentsdepartments CLIG structures to be revived:CLIG structures to be revived:

• In all 9 provinces In all 9 provinces • Linking primarily with DSD/SAPS/Education & various other Linking primarily with DSD/SAPS/Education & various other

Government DepartmentsGovernment Departments

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Worst Forms of Child Labour (WFCL )Worst Forms of Child Labour (WFCL ) Draft Regulations approved by ACOS submitted to Draft Regulations approved by ACOS submitted to

Minister for publicationMinister for publication Children Used by Adults to Commit Crime Children Used by Adults to Commit Crime

(CUBAC )(CUBAC ) Draft Child Offences ActDraft Child Offences Act Promulgation date to be confirmedPromulgation date to be confirmed

Commercial Sexual Exploitation of Children Commercial Sexual Exploitation of Children (CSEC )(CSEC ) Human trafficking Bill submitted to parliamentHuman trafficking Bill submitted to parliament Criminal Justice Amendment Bill still under discussionCriminal Justice Amendment Bill still under discussion

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PROMOTE SOUND LABOUR PROMOTE SOUND LABOUR RELATIONSRELATIONS

Extend collective Extend collective bargaining bargaining agreements agreements concluded by concluded by bargaining bargaining councils to non-councils to non-partiesparties

Extended Extended agreements from agreements from 1 April to 31 1 April to 31 August 09:August 09:

12 agreements 12 agreements extended to non-extended to non-parties covering 424 parties covering 424 650 employees650 employees

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PROMOTE SOUND LABOUR PROMOTE SOUND LABOUR RELATIONSRELATIONS continue continue

Registration of Registration of labour labour

organisationsorganisations

Registered labour Registered labour organisations:organisations:

- Trade unions: 208- Trade unions: 208

- Employers’ - Employers’ organizations: 170organizations: 170

- Bargaining councils: Bargaining councils: 4747

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Cancel Cancel registration of registration of labour labour organizations for organizations for non genuiness non genuiness and failure to and failure to comply with legal comply with legal requirementsrequirements

Cancelled Cancelled organizations organizations from 1 April to 31 from 1 April to 31 August 09:August 09:

- Trade unions:13Trade unions:13

- Employers’ - Employers’ organisations:13organisations:13

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Cancel Cancel registration of registration of labour labour organizations for organizations for non genuineness non genuineness and failure to and failure to comply with legal comply with legal requirementsrequirements

1. Trade unions: 131. Trade unions: 13 - 10 in respect of legal 10 in respect of legal

requirement and 3 requirement and 3 for non-genuinenessfor non-genuineness..

2.2. Employers Employers organisations: 13organisations: 13

- 9 in respect of legal - 9 in respect of legal requirement and 4 requirement and 4 for non-genuinenessfor non-genuineness..

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PROMOTE SOUND LABOUR PROMOTE SOUND LABOUR RELATIONSRELATIONS continue continue PROMOTE PROMOTE

SOUND LABOUR RELATIONSSOUND LABOUR RELATIONS continuecontinue Support Support

and ensure and ensure speedy speedy dispute dispute resolutionresolution

Support for CCMA:Support for CCMA:- Bi-annual transfer payment. - Bi-annual transfer payment. (Budget (Budget

for 2009/10= R291m)for 2009/10= R291m)

- Participate in CCMA Governing - Participate in CCMA Governing body and Subcommittee meetingsbody and Subcommittee meetings

- Participate in the recruitment of Participate in the recruitment of commissioners (commissioners (Full-time Full-time commissioners = 421 & Part-time commissioners = 421 & Part-time = 149= 149

- Monitor CCMA’s performanceMonitor CCMA’s performance

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Support Support and and ensure ensure speedy speedy dispute dispute resolutionresolution

CCMA has 13 provincial CCMA has 13 provincial offices in the following citiesoffices in the following cities::

- - Kwa-Natal: DurbanKwa-Natal: Durban- Kwa-Natal: PetermarizburgKwa-Natal: Petermarizburg- Kwa-Natal: Richards BayKwa-Natal: Richards Bay- Western Cape: Cape TownWestern Cape: Cape Town- Western Cape: GeorgeWestern Cape: George

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Support Support and and ensure ensure speedy speedy dispute dispute resolutionresolution

CCMA has 13 provincial CCMA has 13 provincial offices in the following offices in the following citiescities

- Gauteng South Office: Gauteng South Office: JohannesburgJohannesburg

- Gauteng North Office: PretoriaGauteng North Office: Pretoria- Mpumalanga: WitbankMpumalanga: Witbank- Limpopo: PolokwaneLimpopo: Polokwane- North-West: KlerksdorpNorth-West: Klerksdorp

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Support Support and ensure and ensure speedy speedy dispute dispute resolutionresolution

CCMA has 13 provincial CCMA has 13 provincial offices in the following offices in the following citiescities::

- North- Cape: Kimberly- North- Cape: Kimberly- Eastern Cape: East LondonEastern Cape: East London- Eastern Cape: Port ElizabethEastern Cape: Port Elizabeth

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Monitor Monitor collective collective bargaining bargaining disputesdisputes

Dispute from 1 April – August Dispute from 1 April – August 0909

- Number of collective bargaining Number of collective bargaining disputes: 25disputes: 25

- Wages lost: R79 111 420Wages lost: R79 111 420- Workdays lost: 567 971Workdays lost: 567 971- Number of employees involved: 75 Number of employees involved: 75

104104- Work-hours lost: 3 927 410Work-hours lost: 3 927 410

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Strengthen Civil Strengthen Civil Society Society organizations who organizations who are engaged with are engaged with protection of protection of vulnerable workersvulnerable workers

The following The following civil society civil society organisations organisations were fundedwere funded::

- DITSELADITSELA- Workers College Workers College

NatalNatal- South African Labour - South African Labour

BulletinBulletin

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Strengthen Civil Strengthen Civil Society Society organizations who organizations who are engaged with are engaged with protection of protection of vulnerable workersvulnerable workers

The following civil The following civil society society organisations were organisations were fundedfunded

- - COSATUCOSATU- SACOTUSACOTU- Workers World Media Workers World Media

ProductionProduction

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Strengthen Strengthen Civil Society Civil Society organizations organizations who are who are engaged with engaged with protection of protection of vulnerable vulnerable workersworkers

The following civil society The following civil society organisations were organisations were fundedfunded

- - Industrial Health Industrial Health Resource GroupPriceless Resource GroupPriceless HonourHonour

- Lotavha Legal Advice Lotavha Legal Advice OfficeOffice

- Swellendam Advice OfficeSwellendam Advice Office

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THANK YOUTHANK YOU

Select Committee Presentation 2 September 2009

Documents

Transcript of Select Committee Presentation 2 September 2009