Strategic Plan 2013 - 2018 - Department of Labour · member state of the International Labour...

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Publisher

Department o

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Chief Dire

ctorate of Communica

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Private Bag X117

Pretoria

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Editing, L

ayout, D

esign, Photography a

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Subdirectorate of M

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Design Studio

Directorate of C

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Govern

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RP No

56/2013

ISBN No

978-0-6

21-41598-8

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Directo

r-Gen

eral

N NhlekoLab

our P

olicy a

nd Ind

ustria

l Rela

tions

Deputy

Directo

r-Gen

eral

L Kettled

asInspe

ction a

nd Enfo

rcemen

t Serv

ices

Acting D

eputy

Directo

r-Gen

eral

T Lam

atiCom

pensat

ion Fu

nd

(Commiss

ioner)

Deputy D

irector

-General

SS Mkhon

to

ORGANISATIONAL STRUCTURE TOP LEADERSHIP

Statutory Bodies

Advisory Council for Occupational Health and SafetyCommission for Conciliation Mediation and Arbitration (CCMA)

Commission for Employment Equity (CEE)Compensation Board

Employment Conditions Commission (ECC)National Economic Development and Labour Council (NEDLAC)

Productivity South Africa Unemployment Insurance Board

Minister o

f Labour

MN Oliphant

Unemplo

ymen

t Insu

rance

Fund

(Commiss

ioner)

Deputy

Directo

r-Gen

eral

TB Seru

weChie

f Fina

ncial O

fficer

BE Mad

una

Corpora

te Serv

ices

Deputy

Directo

r-Gen

eral

L Mole

batsi

Public

Employm

ent S

ervice

s

Deputy

Directo

r-Gen

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Acting C

hief O

perat

ional O

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S Moro

toba

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The Department of Labour has, over the years developed and implemented policies and programmes to transform the labour market to achieve the objectives of full and productive employment and decent work for all. Central to the Department’s strategic objectives and programmes in the Medium-Term Strategic Framework will be a contribution to the creation of decent employment through inclusive economic growth. To respond to the strategic priorities of Government, the Department will over the next five years, focus on the following strategic goals: • Decent work • Public Employment Services • Enhancing Inspection and Enforcement Services to effectively monitor and enforce compliance with legislation • Strengthening Social Security • Strengthening the institutional capacity of the Department. To achieve these goals, we will promulgate amendments to the LRA, BCEA, EEA, UIA, OHSA, COIDA and the Employment Services Bill. The proposed amendments are aimed at promoting sound and responsive legislation and policies to attain labour market flexibility for competitiveness of enterprises which is balanced with the promotion of decent employment. In the formulation of these amendments, we acknowledge that fair and speedy labour justice is indispensable to sound industrial peace and a favourable climate for investment. Our resolve to recognise and give value to social dialogue towards formulating these sound and responsive policies to attain inclusive growth, will not be compromised. Most importantly, competence, integrity, transparency and accountability remain the hallmarks of good labour market governance and the successful implementation of labour market transformative programmes. The Department will put in place the institutional framework and systems to ensure effective monitoring and evaluation of policies and programmes to provide a better life for all our people. We will further ensure that the allocated funds are spent as planned to achieve value for money and doing more with less in the best interest of our targeted beneficiaries. I therefore commit my Department and all Public Entities reporting to the Ministry to work closely with sister Departments, social partners and all Parliamentary oversight bodies to ensure creation of decent work and sustainable livelihoods to our citizens.

MN Oliphant, MPExecutive Authority of the Department of Labour

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FOREwORD By THE MINISTER

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OFFICIAL SIGN-OFF

It is hereby certified that this Strategic Plan: Was developed by the management of the Department of Labour under the guidance of Minister MN Oliphant, MP.

Takes into account all the relevant policies, legislation and other mandates for the Department of Labour.

Accurately reflects the strategic outcome oriented goals and objectives which the Department of Labour will endeavour to achieve over the period 2012 to 2015.

S MorotobaActing Chief Operations OfficerDate:27/02/2013

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B Maduna:Chief Financial OfficerDate Approved: 28/02/2013

MN Oliphant, MPExecutive Authority of the Department of LabourDate Approved: 28/03/2013

NPT NhlekoDirector-General of the Department of LabourDate: 28/03/2013

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AG - Auditor-GeneralAPP - Annual Performance PlanBCEA - Basic Conditions of Employment ActCCMA - Commission for Conciliation, Mediation and ArbitrationCF - Compensation FundCS - Corporate ServicesCFO - Chief Financial OfficerCOO - Chief Operations OfficerCIO - Chief Information OfficerCOIDA - Compensation for Occupational Injuries and DiseasesDG - Director General DDG - Deputy Director GeneralDEXCOM - Departmental Executive CommitteeDoL - Department of Labour DPSA - Department of Public Services and AdministrationDwCP - Decent work Country ProgrammeEC - Eastern CapeECC - Employment Conditions CommissionEEA - Employment Equity ActEEC - Employment Equity CommissionES - Employment ServicesEPwP - Expanded Public works ProgrammeESSA - Employment Services for South AfricaFS - Free StateGCIS - Government Communication and Information ServicesHO - Head OfficeHRM - Human Resource ManagementICD - Integrated Client DatabaseICT - Information and Communication TechnologyIES - Inspection and Enforcement ServicesILO -International Labour OrganisationIT - Information TechnologyJSE - Johannesburg Stock ExchangeKZN - KwaZulu-NatalLMIS - Labour Market Information and StatisticsLP -LimpopoLP & IR - Labour Policy and Industrial RelationsLRA - Labour Relations ActKRA - Key Result AreaM&E - Monitoring and EvaluationMOU - Memorandum of UnderstandingMP - MpumalangaMTSF - Medium Term Strategic FrameworkMTEF - Medium Term Expenditure FrameworkNC - Northern CapeNT - National TreasuryOHS - Occupational Health and SafetyPES - Public Employment ServicesPFMA - Public Finance Management ActPPP - Public Private PartnershipPwD - People with disabilitiesRME - Research Monitoring and Evaluation

ACRONyMS

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Organisational structure ii

Foreword by the Minister iv

Official Sign-off v

Acronyms vii

PART A: STRATEGIC OVERVIEW 1

1. Vision 1

2. Mission 1

3. Values 1 4. Legislative and other mandates 2

4.1 Constitutional and legislative mandates 24.2 Policy mandates 34.3 The core functions and service rendered by the Department 44.4 Relevant court rulings 44.5 Planned policy initiatives 5 5. Situational analysis 6

5.1 Performance environment 65.2 Organisational environment 75.3 Description of the strategic planning process 8 6. Service Delivery Outcomes and Strategic Goals 9

6.1 Strategic outcome oriented goals of the Department 9

CONTENTS

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PART B: STRATEGIC OBJECTIVES 11

7. Departmental strategic objectives 11

7.1 Programme 1: Administration 11 7.1.1 Programme purpose 11 7.1.2 Description of the programme 11 7.1.3 Strategic objectives 12 7.1.4 Risk management 14

7.2 Programme 2: Inspection and Enforcement Services 15 7.2.1 Programme purpose 15 7.2.2 Description of the programme 15 7.2.3 Risk management 17

7.3 Programme 3: Public Employment Services 17 7.3.1 Programme purpose 17 7.3.2 Description of the programme 17 7.3.3 Strategic objectives 18 7.3.4 Risk management 19

7.4 Programme 4: Labour Policy and Industrial Relations 20 7.4.1 Programme purpose 20 7.4.2 Description of the programme 20 7.4.3 Strategic objectives 21 7.4.4 Risk management 23

PART C: LINKS TO OTHER PLANS 26

8. Link to the long term infrastructure and other capital plans 26

9. Conditional grants 30

10. Public entities 30

11. Public-private partnerships 31

PART A

: STR

ATEGIC

OVE

RVIEW

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PART A: STRATEGIC OVERVIEw

1. OUR VISION

The Department of Labour strives for a labour market which is conducive to investment, economic growth, employment creation and decent work.

2. OUR MISSION

Regulate the South African labour market for a sustainable economy through: - Appropriate legislation and regulations- Inspection, compliance monitoring and enforcement- Protection of human rights- Provision of employment services- Promoting equity- Social and income protection- Social dialogue.

3. OUR VALUES

We shall at all times be exemplary in all respects: - We treat employees with care, dignity and respect- We respect and promote: • Client centred services• Accountability• Integrity and ethical behaviour• Learning and development - We live the Batho Pele Principles- We live the principles of the Department’s Service Charter- We inculcate these values through our performance management system.

PART A

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4. LEGISLATIVE AND OTHER POLICy MANDATES

4.1 CONSTITUTIONAL AND LEGISLATIVE MANDATES

The Department of Labour’s legislative framework is informed by the South African Constitution, Chapter 2, and Bill of Rights: Section 9, to ensure equal access to opportunitiesSection 10, promotion of labour standards and fundamental rights at workSection 18, Freedom of associationSection 23, To ensure sound Labour relationsSection 24, To ensure an environment that is not harmful to the health and wellbeing of those in the workplaceSection 27, To provide adequate social security nets to protect vulnerable workersSection 28, To ensure that children are protected from exploitative labour practices and not required or permitted to perform work or services that are inappropriate for a person of that child’s age or their well-being, education, physical or mental health or spiritual, moral or social development is placed at risk Section 34, Access to courts and access to fair and speedy labour justice.

The Department administers the following legislation:

Table 1: legislation and other mandates

Serial No

Legislation Purpose

1 Labour Relations Act, 66 of 1995 (LRA) The Labour Relations Act (LRA), Act 66 of 1995 aims to promote economic development, social justice, labour peace and democracy in the workplace.

2 Basic Conditions of Employment Act, 75 of 1997 (BCEA)

The purpose of this Act is to advance economic development and social justice by fulfilling the primary objects of this Act which are:

(a) to give effect to and regulate the right to fair labour practices conferred by section 23(1) of the Constitution by— (i) establishing and enforcing basic conditions of employment; and (ii) regulating the variation of basic conditions of employment; (b)To give effect to obligations incurred by the Republic as a member state of the International Labour Organisation.

3 Employment Equity Act, 55 of 1998 (EEA) The purpose of the Act is to achieve equity in the workplace, by:a. promoting equal opportunity and fair treatment in employment

through the elimination of unfair discrimination; and b. implementing affirmative action measures to redress the

disadvantages in employment experienced by designated groups, to ensure their equitable representation in all occupational categories and levels in the workforce.

4 Unemployment Insurance Act, 30 of 2001, as amended (UIA)

The Act empowers the UIF to register all employers and employees in South Africa for unemployment insurance benefits

5 Occupational Health and Safety Act, 85 of 1993 (OHSA)

The Occupational Health and Safety Act aims to provide for the health and safety of persons at work and for the health and safety of persons in connection with the activities of persons at work and to establish an advisory council for occupational health and safety.

The purpose of this Act is to advance economic development and social justice by fulfilling the primary objects of this Act which are—(a) to give effect to and regulate the right to fair labour practices conferred by section 23(1) of the Constitution by— (i) establishing and enforcing basic conditions of employment; and (ii) regulating the variation of basic conditions of employment;(b)To give effect to obligations incurred by the Republic as a member state of the International Labour Organisation.

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Serial No

Legislation Purpose

6 Compensation for Occupational Injuries and Diseases, Act 130 of 1993 (COIDA)

To provide for compensation for disablement caused by occupational injuries or diseases sustained or contracted by employees in the course of their employment, or for death resulting from such injuries or diseases; and to provide for matters connected therewith.

7 National Economic Development and Labour Council Act, 35 of 1994 (NEDLAC)

To provide for the establishment of a national economic, development and labour council; to repeal certain provisions of the Labour Relations Act, 1995; and to provide for matters connected therewith.

8 Skills Development Act (Act no 97 of 1998 [SDA] as amended) Employment Services Provisions

The sections of the SDA that remained with the Department of Labour when the President transferred skills functions to the Department of Higher Education and Training (DHETT) provides for the regulation of Employment Services and for promotion of productivity and competitiveness in the workplace.

4.2 POLICy MANDATES

The mandate of the Department is: To regulate the labour market through policies and programmes developed in consultation with social partners, which are aimed at:• Improved economic efficiency and productivity• creation of decent employment• promoting labour standards and fundamental rights at work• providing adequate social safety nets to protect vulnerable workers• sound labour relations• eliminating inequality and discrimination in the workplace• enhancing occupational health and safety awareness and compliance in the workplace• give value to social dialogue in the formulation of sound and responsive legislation and policies to attain labour market flexibility

for competitiveness of enterprises which is balanced with the promotion of decent employment. The Department is also responsible for the administration and effective functioning of the following labour market institutions:

• Productivity South Africa (PSA). Productivity SA aims to develop and enhance productive capacity in South Africa by continuously improving labour practices in South Africa. It works to build institutional capacity through sound project management skills, and through developing working relationships with other government agencies.

• National Economic Development and Labour Council (NEDLAC). A statutory social dialogue body, with its constituency comprising labour organisations, business organisations, government departments, and community groups. Social partners discuss and negotiate on public finance and monetary policy, labour market policy, trade and industrial policy, and development policy.

• The Commission for Conciliation, Mediation and Arbitration (CCMA). An independent body established by the Labour Relations Act, No. 66 of 1995. The CCMA promotes social justice and fairness in the workplace by providing high-quality, ethical, innovative and cost-effective dispute management as well as dispute resolution services.

The following represents target clients and beneficiaries of the Department’s services and labour market information:• Employers• Employees• Unemployed and under-employed• Private Employment Agencies• Trade unions and trade union federations• Employer organisations.

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4.3 THE CORE FUNCTIONS AND SERVICES RENDERED By THE DEPARTMENT ARE FOCUSED ON:

Programme Purpose

Administration Provides strategic direction, leadership and administrative support services to the Ministry and the Department.

Inspection and Enforcement Services

Inspection and Enforcement Services are aimed at ensuring a fair and equitable labour market where all players adhere to the provisions of legislation that governs the labour market. The main functions of the inspectorate are: (i) To conduct workplace inspections and audits of Accredited Inspection Authorities

(AIAs) to monitor and enforce compliance with labour legislation(ii) To provide advice, educate and give technical information and support services to empower both workers, employers and stakeholders and to prevent labour disputes and workplace accidents(iii) To investigate workplace health and safety incidents once reported.

Public Employment Services (PES) The main functions of Employment Services are to register work-seekers, obtain vacancies and identify other opportunities so as to facilitate the entry and re-entry of work-seekers into the labour market. Employment Services therefore has to be supported by two main pillars: The ‘Employer Services’ and ‘work-Seeker Services’.

The key services include:(i) Registration of work seekers(ii) Placement of work seekers(iii) Career Information and Guidance(iv) Special Labour market (employment) programmes(v) Regulatory functions including registration and monitoring of Private Employment ......Agencies.

Key interventions are through:a. Sheltered Employment Factories that provide employment to people with disabilitiesb. Promotion of workplace productivity and competitiveness and social plan measures

through Productivity SAc. Administration of income protection services d. Disbursement of unemployment and compensation for injuries and diseases benefits.

Labour Policy and Industrial Relations (LP&IR)

• Labour Policy and Industrial Relations Branch supervises Policy Research, Labour Market Information and Statistical Services. It also regulates labour and employer organisations and bargaining councils, deals with all the Department’s responsibilities and obligations in relation to the International Labour Organisation and other international and regional bodies which the government of South Africa has formal relations with. It overseas the effective functioning of the CCMA and NEDLAC.

4.4 RELEVANT COURT RULINGS

a) Name of the court case: Director- General: Labour and Minister: Labour vs. Comair LimitedThe impact that the court ruling has on the institution’s operations or service delivery is that the Department is currently unable to enforce certain provisions of the Employment Equity Act (the Act) against the employers that are not complying with the Act. The ruling provides that the Director-General must take into account and weigh cumulatively a number of factors that are listed in section 42 of the Act before arriving at a decision that the employer is not complying. The difficulty that the Department has is that it is not possible to take into consideration all the factors that are listed in section 42.

b) Name of the court case: Director-General: Labour vs. Twilight Breeze Trading 144 ccThe impact that the case has on the institution’s operations is that Labour inspectors are unable to issue the compliance order in respect of any amount payable to an employee as a result of a failure to comply with a provision of the Basic Conditions of Employment

(i) To conduct workplace inspections and audits of Accredited Inspection Authorities (AIAs) to monitor and enforce compliance with labour legislation(ii) To provide advice, educate and give technical information and support services to empower both workers, employers and stakeholders and to prevent labour disputes and workplace accidents(iii) To investigate workplace health and safety incidents once reported.

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Act if- that amount has been payable by the employer to the employee for a period longer than 12 months before the expiry date on which a complaint was lodged to a labour inspector by or on behalf of the employee. The court ruled that section 70(d) of the Basic Conditions of Employment Act precludes a labour inspector from issuing the compliance order in the instance mentioned above. c) Name of the court case: Dyokwe v C De Kock, CCMA & Others (2012) (LC)Clarifies the employment relationship when employees are placed by labour brokers but work for long periods for a ‘client’ companies. In such situations, the ‘client’ is the employer and assumes full responsibility as employer. d) Name of the court case: Bombardier Transportation (Pty) Ltd v Lungile Mtiya NO & Others (2010)8 BLLR 840 (LC)True jurisdictional challenges should be dealt with at conciliation stage whereas others should be dealt with at arbitration stage. e) Name of the court case: Inzuzu I.T. Consulting (Pty) Ltd v CCMA & Others (unreported case)P 487/2009)Cost orders may be awarded against the CCMA and its Commissioners in instances where it is found that the Commissioner has acted grossly negligent or reckless. The CCMA was granted leave to appeal this judgment as it may have serious cost implications. f) Name of the court case: Balasana v MIBCO (2010) 19 LC 1.11.30The Court held that in the event the record of the arbitration proceedings is not complete, the proper recourse is to remit the matter to the CCMA/Council to be heard afresh and often these orders direct that a Senior Commissioner should re-hear the matter.

4.5 PLANNED POLICy INITIATIVES a. Amendment of the Unemployment Insurance Act No. 63 of 2001. These changes relate to improvements of benefits and

administrative changes regarding submission of information by employers to the Fund.

b. Promulgate the Employment Services Act. The new Employment Services Act aims to strengthen the provision of employment services within the Department and to repeal employment services provisions in the Skills Development Act.

c. Amendment of the Compensation for Occupational Injuries and Diseases Act. Develop a rehabilitation, re-integration and return-to-work policy for injured and diseased workers to ensure integration with other South African policies and programmes, which provide a framework for rehabilitation of people with disabilities which stresses the importance of vocational integration.

d. Amendment of the OHS Act, 85 of 1993. Although the OHS Act has placed responsibility of creating a healthy and safe working environment on the employers, the provisions compelling employers to do this are very vague. In order to address these shortcomings, it is necessary that the OHS Act in its current form be amended in order to ensure that:

• Employers develop and implement a health and safety management system • Penalties issued to employers are increased • Inspectors are enabled to issue prescribed fines on the spot

e. Amendment of the Basic Conditions of Employment Act

f. Amendment of the Employment Equity Act

g. Amendment of the Labour Relations Act.

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5. SITUATIONAL ANALySIS

The South African labour administration system recognises that labour market flexibility for competitiveness of enterprises should be balanced with the promotion and protection of the basic rights of workers and with the provision of adequate social safety nets to protect vulnerable workers. Despite the introduction of progressive labour and employment policy reforms and programmes, the labour market is still characterised by high levels of unemployment and under-employment, inequality and discrimination, violation of employment standards and fundamental rights at work, and unacceptably high levels of workplace incidents and injuries. Poorly located and inadequate infrastructure limits the country’s capability to create employment for more people and to provide effective employment facilitation and support economic activity to millions of jobseekers. These conditions contribute to continued social and economic exclusion of Africans in particular, women and people with disability.

5.1 PERFORMANCE ENVIRONMENT

The first challenge facing us is unemployment and under-employment: - By June 2012, the total labour force was 17 916 000 with 13 447 000 employed, 4 470 000 (24.9%) unemployed and 2 311 000 discouraged work seekers. At the Unemployment Insurance Fund, the official statistics reported an increase in the number of workers who contributed to the UIF from 11 406 000 in quarter one to 11 416 000 in quarter two of 2012. Of this, only 57% of workers contributed to the Fund in June 2012

- Most of the unemployed persons (70.1%) are under the age of 35, and 47% of them had not completed secondary school against 33% who had completed secondary school by June 2012

- Year-on-year comparisons show a net increase of 322 000 (2.5%) jobs created by June 2012, with community and social services, finance and other business services, mining, trade, and others being the main contributors. The trends look a bit different when quarter to quarter comparisons analysis is performed. In general, it is observed that the number of jobs still fall short of the target of Government to halve unemployment by 2020

- Compared to June 2011, employment in June 2012 increased in seven of the nine provinces and decreased in the Eastern Cape and Free State by 11 000 and 44 000 respectively. Gauteng, Limpopo and Mpumalanga were the biggest contributors to the net employment creation as compared to other provinces

- Despite a decline in unemployment in the second quarter of 2012, more than 4.4 million people still remain unemployed and just over three million (68%) of the total unemployed people were without jobs for a period of one year or more.

There are two notable features of the country’s unemployment crisis: - Firstly the unskilled (60% are without a matric education) are simultaneously most likely to be the first to lose their jobs in periods of employment contraction and least likely to be hired in periods of employment expansion

- Secondly, the youth, who currently constitute more than 70% of the unemployed are the dominant, identifiable cohort within this group of long- term unemployed individuals.

The second challenge relates to the changing nature of work: - There has been a tendency amongst employers to switch away from permanent and full time employment towards a typical form of employment such as casual labour, part-time employment, temporary and seasonal work

- Externalisation in the form of outsourcing and subcontracting is also on the rise, as the pressures of greater international competitiveness are felt by domestic firms

- The increase in atypical forms of employment is contributing to instability in the labour market and a potential increase in the violation of labour standards and fair labour practices

- It is estimated that approximately 6% of total employment is made up of atypical work, that is, employees contracted directly to companies on fixed-term contracts, sub-contractors and employees employed through employment agencies.

The third challenge still facing us relates to inequalities and unfair discrimination in the workplace: - Black people, women and people with disabilities remain marginalised in relation to meaningful and influential participation in the economy

- The Commission for Employment Equity reported in 2011 that: ∼ The representation of Blacks in top management and senior management levels is 26.9% and 35.9% respectively whereas they constitute over 88% of the Economically Active Population (EAP).

∼ White people in general and white males in particular, still dominate with 73.1% at the top

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management level, which is nearly six times their representation within the EAP and approximately three times the representation of the cumulative sum of Blacks combined at this level

∼ Male representation is almost double that of their EAP and nearly four times that of women at this level

∼ The representation of people with disabilities across all occupational levels was recorded at 0.8% over the years from 2006, 2008 and 2010.

The fourth challenge relates to domestic as well as cross-border labour migration: - The former describes a phenomenon whereby people from rural areas, some (though not all) of whom are unskilled, migrate to urban areas in search of employment

- The latter refers to economic refugees who have left their countries and settled in the urban areas of South Africa, hoping to find employment

- Both phenomena bear the risk of increasing the numbers of unemployed people in large urban centres, with the concomitant greater pressure on public services and utilities.

The fifth challenge relates to inadequate instruments for constant performance monitoring and evaluation of labour market policies and programmes to determine their impact on the economy:

- Stakeholder participation and strategic partnerships in programme delivery, monitoring and feedback is inadequate, despite our strong culture of social dialogue in policy development

- Planning processes are to some extent not well coordinated between strategic departments on related socio-economic development programmes

- Our appreciation and use of modern information and communication technology systems to manage data and information is inadequate..

(The necessity to base policy and programme interventions on facts and evidence and to measure their impact is critical for any labour market system)

5.2 ORGANISATIONAL ENVIRONMENT

To deliver on its core business of public employment services and inspection and enforcement services, the Department has a staff complement of 8 060. The Department will continue to transform the labour market and change the way we do business and transact with citizens by enhancing access to quality services and information aimed at improving the quality of life of all South African citizens. At the centre of our transformation agenda is ensuring that customer insight is driving our service design; optimising contact and making use of cheaper technology enabled channels and utilisation of government-wide infrastructure where appropriate. Key strategic interventions to improve service delivery quality: • Transforming and repositioning the Department at Head Office, provincial office and labour centre level for improved and effective

service delivery and monitoring the impact of our interventions • Ensuring that service delivery access point staff is empowered to deliver on the entire suite of the Department’s services.

Developing and creating an environment of accountability for service delivery and correct attitudes and behaviour among staff • Reconfiguring and repositioning our service delivery points and processes to improve service quality and responsiveness to

citizens’ needs and expectations • Developing a service delivery model and establishing a network of integrated service delivery points as close as possible to the

people • Establishing strategic partnerships for collaboration in creating and delivering value to citizens • The Employment Services System, the Inspection and Enforcement System and Integrated Client Database systems will be

enhanced to respond to clients’ needs and expectations of access to services and information and also accurate reporting of performance data

• Putting in place measures to encourage continuous learning, development, and innovation by those serving at the point of contact with clients..

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5.3 DESCRIPTION OF THE STRATEGIC PLANNING PROCESS Figure 1: Strategic Planning Cycle

The first is an Annual Evaluation workshop takes place in June/July each year, whereby the Department undertakes an annual evaluation of the previous financial year, and considers proposals on key priorities and budget requirements for the coming MTEF cycle. The key priorities and strategic objectives are informed by the MTSF and service delivery outcomes specific to the Department. This will allow the Department to submit the first draft Annual Performance Plan to National Treasury at the end of August. The second is a strategic planning session takes places in August each year. The focus of the session is to take stock of the previous years’ financial and non-financial performance and chart the way forward for the MTEF period in terms of the strategic objectives, key deliverables and budget as well as taking into consideration the resolutions of the 1st Annual Evaluation workshop. The third is a Mid-Term Review workshop which takes place in October/November of the every year. Whilst the focus of this session is a mid-term review of progress with regards to the current performance of the Department, it equally ensures that the agreed priorities of the annual evaluation are developed into a concrete programme of action (Annual Performance Plan) taking into account the possible MTEF allocations for the following year. This will allow the Department to submit the second draft Annual Performance Plan to National Treasury at the end of November. The fourth the Branches Strategic Planning sessions to strategise on agreed priorities of the annual evaluation and mid-term review and formulate the branch SP (Stragetic Plan) and APP (Annual Performance Pla taking into account the possible MTEF allocations for the following year. The fifth is a finalisation and approval of the Strategic Plan and Annual Performance Plan in line with the allocated funds. This will lead to agreed targets and resource allocations between the DG and Branch Heads with the COO/Chief Directors: Provincial Operations by the end of January. The APP will inform the DG’s performance agreement (integrated work plan), and is cascaded down to branches and provincial operations work plans/performance agreements. The sixth is approval of the Strategic Plan and the Annual Performance Plan and tabling in Parliament by the Minister.

1.1st Annual

Performance Review in June/July

2.Departmental

Strategic Planning session in August(1st draft SP and

APP)

3.Mid-Term

Review in OctoberNovember (2nd draft

SP and APP)

4.Branches Strategic

Planning Sessions

5.SP and APP

Approved based on the Letter of

allocation in January

6.Tabling of SP and APP for

implementation in March

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6. SERVICE DELIVERy OUTCOMES AND STRATEGIC GOALS In the medium-term, the Department of Labour will contribute mainly on the following outcomes

• Outcome 4: Decent employment through inclusive economic growth • Outcome 11: Create a better South Africa and contribute to a better and safer Africa • Outcome 12: An efficient, effective and development orientated public service and an empowered and inclusive citizenship.

6.1. STRATEGIC OUTCOME ORIENTED GOALS OF THE DEPARTMENT OF LABOUR

To address these outcomes, the Department has identified the following strategic goals:

Strategic Outcome Oriented Goals 1: (Outcome 4)

Improve the quality of labour market services to contribute to decent employment through inclusive economic growth

Goal Statement 1. Contribute to decent employment creation2. Promote equity in the labour market3. Protect vulnerable workers5. Strengthen social protection6. Promote sound labour relations7. Monitor the impact of legislation


Creating a better South Africa and contributing to a better and safer Africa

Goal Statement Strengthen multilateral and bilateral relations


An efficient, effective and development orientated public service and an empowered and inclusive citizenship

Goal Statement Strengthen the institutional capacity of the Department

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PART B: STRATEGIC OBJECTIVES

7. DEPARTMENTAL STRATEGIC OBJECTIVES

7.1. PROGRAMME 1: ADMINISTRATION

7.1.1. Programme purpose: Provide management, strategic and administrative support services to the Ministry and the Department • Ministry provides political oversight to ensure that the Department’s mandate is achieved • The Office of the Director-General provides administrative oversight for effective implementation of the Department’s mandate

and overall accounting oversight.

7.1.2. Programme description: The programme consists of the following sub-programmes: • Office of the Chief Operations Officer manages and directs medium-term strategic planning processes, performance

information reporting, monitoring and evaluation of performance against plan and service delivery improvement plan. • Corporate Services includes:

- Human Resource Management ensures optimum and efficient utilisation and development of human capital and to provide an advisory service on matters pertaining to organisational effectiveness and development, transformation management, individual performance management, sound employee relations, employee health and wellness, as well as effective and efficient recruitment, selection and placement services including research and development of human resources policies and practices

- Internal Audit provides management and the Audit Committee with independent objective assurance with a view to improving effectiveness of governance, risk management and control processes

- Risk Management pro-actively manages / addresses risks that have a negative impact on the Department’s performance - Security Services renders security support aimed at protecting the Department’s information, staff and assets - Communication disseminates and improves access to information about the Department. - Legal Services exists to provide legal support services to the Department - The Office of the Chief Information Officer caters for the Information and Communications Technology (ICT) needs and requirements of the Department

• Office of the Chief Financial Officer renders effective and efficient financial management and administrative support for the Department as well as office accommodation requirements.

Strategic outcome oriented goals:3 (Outcome 12)

An efficient, effective and development-orientated public service and an empowered and inclusive citizenship

Strategic Goals 8. Strengthen the institutional capacity of the Department

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7.1.3 Strategic Objectives

Strategic Objectives Objective Statement Baseline Performance Indicator

1. Organisational Strategic plan and Annual Performance Plan approved

To manage and facilitate the development of organisational Strategic Plan and Annual Performance Plan as per prescripts and guidelines

1 Strategic plan and 1 Annual Performance Plan

1.1 Strategic Plan and Annual Performance Plan approved and tabled as per prescribed timeframes

2. Organisational performance monitored and evaluated against the approved Strategic Plan and Annual Performance Plan

To manage and facilitate the development of organisational performance information reports

1 Annual report and 4 organisational performance information reports

2.1 Number of performance information reports approved within 60 days after quarter end/year end

3. Service Delivery Improvement Plan approved as per prescribed timeframes

To manage and facilitate the development of Service Delivery Improvement Plan

1 Service Delivery Improvement Plan

3.1 Submit reviewed and approved Service Delivery Improvement Plan to Department of Public Service and Administration (DPSA) as per prescribed timeframes

4. Annual audit plan, including ad hoc investigations executed

Conduct a risk-based internal audit and timely reporting

88% (33 planned vs. 29 actuals) of final reports were issued as per timeframes indicated in the approved annual audit plan

4.1 Percentage of final reports issued as per timeframes indicated in the approved annual audit plan

5. Risk Management Strategy implemented

Conduct annual risk assessment and report on the risk profile in line with the National Treasury Framework

4 Strategic risks reports 5.1 Number of strategic risk monitoring reports compiled and submitted to the Accounting Officer within 30 days after end of quarter

6. Fraud prevention strategy implemented

Manage the administration of fraud cases in line with the fraud prevention strategy

86% (13 of 15) of cases received or detected finalised by the year end

6.1 Percentage of fraud cases received and detected finalised per year

7. Security plan implemented

To manage and ensure the implementation of security plan in line with the prescripts

7.1 Number of security awareness conducted within a specified time

8. Improve access to information

Render an effective and efficient communication service which includes improving access to information

Public participation events profiled (exhibitions, job fairs, Imbizo’s)

8.1 Number of exhibitions for profiling services of the Department per annum

New indicator 8.2 Number of opinion pieces issued by end of the performance year

New indicator 8.3 Number of newsletters published by end of the performance year

New indicator 8.4 Number of hours within which media queries are responded to

New indicator 8.5 Number of provinces to which approved branding strategy and implementation plan is rolled out

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9. Human Resources Plan implemented

Position the Department of Labour as the Department of Choice through the implementation of all elements of the MTEF HR Plan

38.5% (32 out of 83 employees at Senior Management Service level) women are employed in Senior Management Service (SMS) as on 31 March 2012 40% (2 830 out of 7 057 filled posts) youth are employed in the Department as on 31 March 2012 2.6% (184 out of 7 057 filled posts) of the employees in the Department are people wih disabilities on 31 March 2012

9.1 Percentage of (a) women in SMS, (b) youth and (c) people with disability (PwD) employed in line with the EE Plan by 31 March each year

The vacancy rate in the Department has been reduced to 7.28% (554 out of 7 611 posts) as on 31 March 2012

9.2 Reduction in percentage vacancy rates by 31 March

85.1% (5 927 out of 6 957 employees) of the Department’s staff were trained in accordance with the approved wSP as on 31 March 2012

9.3 Percentage of staff trained in line with workplace Skills Plan (wSP) by 31 March

79% (216 out of 271 cases) of misconduct cases were finalised as on 31 March 2012

9.4 Percentage of misconduct cases finalised in line with applicable prescripts by 31 March

10. Effective legal support services

To provide quality and timely legal support services

New Indicator 10.1 Percentage of Court Papers to resolve litigation filed with the Court within 10 days of receipt

11. Effective and efficient Information Communication Technology support services

Manage the exit and service transfer between service provider and the Department

New indicator 11.1 Percentage of elements of the ICT strategy implemented in a financial year

12. Sound financial management policies and practices

Ensure effective and efficient sound financial management policies and practices in line with relevant legislation and best practices

1 AFS and 4 IFS 12.1 Number of financial statements compiled per year that comply with guidelines issued by the National Treasury

MTEF and ENE compiled and submitted annually

12.2 Departmental MTEF budget and Estimates of National Expenditure compiled and submitted according to National Treasury Guidelines

4 monitoring reports 12.3 Number of public entity PFMA quarterly reports on Actual and Projected Revenue and Expenditure obtained, evaluated and submitted to National Treasury within 30 days after each quarter

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13. Effective and efficient supply chain management

Ensure implementation of supply chain management regulatory framework

100% compliance 13.1 Percentage of compliant invoices paid within 30 days of receipt

New indicator 13.2 Percentage reduction in irregular expenditure compared to previous year

14. Effective and efficient management of facilities and transportation

Provision of facilities and transportation management

Accommodation request processed within six months in advance to DPw

14.1 Percentage of accommodation requests to DPw processed six months in advance

4 monitoring reports 14.2 Number of monitoring reports on vehicle fleet management

7.1.4 Risk management: Risks within the Administration Branch

Risk Description Planned Response Action

1. Introduction of in-house fleet vehicle management service

1.1 Phasing-in of own vehicle fleet over 12 months had been affirmed in April 2012 and the balance of Phakisa vehicles will be taken away by November 2013

2. Poor contract management 2.1 Contract Review Panel (CRP) established

3. Inadequate systems and processes for the management of performance information

3.1 CD: PM&E in conjunction with the CIO, in the process of preliminary discussions with Microsoft for performance system

4. Delays in security vetting and pre-screening 4.1 Implementation of Project Shanduka whereby establishment of a Vetting Unit will be incorporated

5. Over/under spending of the budget 5.1 The Budget Advisory Committee meets once a month to monitor the expenditure of the Department.5.2 Meetings held with all Programme Heads for the purpose of discussing their spending patterns

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7.2 PROGRAMME 2: INSPECTION AND ENFORCEMENT SERVICES

7.2.1. Programme purpose: To realise decent work by regulating non-employment and employment conditions through inspection and enforcement in order to achieve compliance with all labour market policies

7.2.2. Programme description: The programme consists of the following sub-programmes: • Management and Support Services: Inspection and Enforcement Services manages the delegated administrative and financial

responsibilities of the office of the Deputy Director-General: Inspection and Enforcement Services, and provides corporate support to line function sub-programmes within the programme

• Occupational Health and Safety promotes health and safety in the workplace by regulating dangerous activities and the use of plant and machinery

• Registration: Inspection and Enforcement Services registers incidents relating to labour relations and occupational health and safety matters, as reported by members of the public, and communicates these to the relevant structures within the Compliance, Monitoring and Enforcement sub-programme for investigation

• Compliance, Monitoring and Enforcement ensures that employers and employees comply with labour legislation through regular inspections and following-up on reported incidents

• Training of staff: Inspection and Enforcement Services defrays all expenditure relating to staff training within this programme in order to easily identify this expenditure for reporting purposes

• Statutory and Advocacy gives effect to the legislative enforcement requirement and educate stakeholders on labour legislation.

Strategic outcome oriented goals 1: (outcome 4)


Strategic Goals 2: Promoting equity in the labour market (Outcome 4)3: Protecting vulnerable workers (Outcome 4)5: Strengthening social protection (Outcome 4)


2. Promoting equity in the workplace

1. Ensure promotion of employment equity in the labour market

Ensure transformation of the labour market by inspecting workplaces (JSE listed and designated employers) in order to achieve compliance with employment equity legislation

65 JSE workplaces inspected

218 Designated workplaces inspected

9 940 Procedural inspections conducted

1.1 Number of (a) Public Companies and (b) Private Companies reviewed for compliance with employment equity legislation per annum

New indicator Percentage of non-compliant workplaces of those reviewed dealt with in terms of the enforcement regime link to the EEA

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Strategic Objectives

Objective Statement

Baseline Performance Indicator

3. Protecting vulnerable workers

2. Reduction in worker vulnerability through improved compliance and enforcement

Ensure Decent work principles are adhered to by reducing worker vulnerability through improved compliance and enforcement

172 300 workplaces inspected 2.1 Number of workplaces inspected per year to determine compliance levels

12 381 non-complying workplaces of those inspected were dealt with

2.2 Percentage of non-complying workplaces inspected dealt with in terms of the relevant labour legislation per year

4 seminars 2.3 Number of advocacy and educational seminars conducted in identified sectors to enhance compliance with labour legislation per year

1 International conference held 2.4 Number of international occupation health and safety conferences or inspector conferences held per year

Develop and train 400 shop stewards in identified sectors

2.5 Number of shop stewards trained to assist with labour legislation in the workplace per year

Roving safety representative programme rolled out in two provinces

2.6 Number of provinces identified to roll-out the roving safety representative programme

New indicator 2.7 Percentage of inspections on request for work permits conducted within 5 days

81% (110 610 of 135 807) labour complaints resolved within 14 days

2.8 Percentage of labour complaints resolved within a specified number of days of receipt at Registration Services

5: Strengthening social protection

3. Reduction in worker vulnerability through improved compliance and enforcement

Ensure Decent work principles are adhered to by reduction in worker vulnerability through improved compliance and enforcement

1 869 workplaces audited 3.1 Number of workplaces in high risk industries audited to determine their compliance levels in terms of the OHS legislation (blitz inspections)

New indicator 3.2 Percentage of non-complying workplaces audited dealt with in terms of the relevant OHS legislation

213 workplaces inspected in Gauteng

3.3 Number of workplaces audited for compliance with Occupational Exposure Limit (OEL) regarding workers’ exposure to silica dust per annum

New indicator 3.4 Percentage of workplaces compliance with OEL

New indicator 3.5 Percentage of non-complying workplaces of those audited dealt with in terms of the relevant enforcement regime (Occupational Exposure Limit)

New indicator 3.6 Provinces selected for roll-out of approved preventative strategy and implementation programme on Noise-Induced Hearing Loss

OHS Act, 85 of 1993 3.7 Occupational Health and Safety legislation evaluated and amended

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7.2.3 Risk management: Risks within IES


1. Poor enforcement of legislations 1.1 Standard Operating Procedure and Inspection and Enforcement manual developed and currently being implemented. 1.2 An agreement, in principle, was reached on the issue of the training of inspectors with Justice College.

2. No Inspection and Enforcement Case Management System

2.1 The system that was developed was extensively tested for suitability to go live. The system despite all the testing on the part of DoL and the “fixing” of the areas of concern did not lead to a finalised system and the system was subsequently “canned” in August 2012 pending the appointment of a new service provider or suitable arrangements being made by the Chief Information Officer (CIO).

3. High Vacancy Rate of Inspectors 3.1 The Department has reviewed job profiles of the inspectors and new structure was initially approved by the Minister and adverts were placed for Statutory and Advocacy Services.

4. Bribery of inspectors 4.1 Awareness sessions are conducted with the inspectors and monitoring of inspectors is done on regular basis 4.2 The monitoring and controls of inspectors in the Provinces are being implemented in line with Auditors recommendations

7.3 PROGRAMME 3: PUBLIC EMPLOyMENT SERVICES 7.3.1. Purpose: Provide assistance to companies and workers to adjust to changing labour market conditions and to regulate private employment agencies

7.3.2. Programme description: The programme consists of the following sub-programmes:

• Management and Support Services: Public Employment Services manages delegated administrative and financial responsibilities, coordinates all planning, monitoring and evaluation functions, and provides corporate support to line function sub-programmes

• Employer Services facilitates registering vacancies, and disseminates scarce skills information, issues immigrant corporate and work permits, records migrating skilled South Africans, oversees placements, responds to companies in distress, provides a social plan and regulates private employment agencies

• Work-Seeker Services: registers work-seekers, retrenched workers, work vacancies, training and income generating opportunities on the employment services system, and facilitates access to employment and income generating opportunities for the unemployed and under-employed

• Designated Groups Special Services facilitates the transfer of subsidies to national councils to promote the employment of people with disabilities, youth, and women, in collaboration with Sheltered Employment Factories and other relevant bodies.

The programme has oversight over the following entities: • Sheltered Employment Factories and Subsidies to Designated Workshops facilitates transfers to subsidised workshops for the

blind and subsidised work centres for people with disabilities, and aims to improve the administration, production and financial control of Sheltered Employment Factories and workshops

• Productivity South Africa promotes improvements in workplace productivity, competitiveness and social plan (job saving mechanisms through future forums and turnaround solutions). The Branch PES facilitates the conclusion of the Memorandum of Agreement, transfer of funding and monitoring of the entity’s performance against its Strategic Plan

• Unemployment Insurance Fund provides for the possible future funding of the Unemployment Insurance Fund. The UI activities are funded from its revenue and the entity report separately from PES in accordance with its Strategic Plan except in those areas wherein there are joint projects

• Compensation Fund provides for possible funding requests from the Compensation Fund. The PES allocation provides for costs incurred through claims received from civil servants for injuries sustained on duty or occupational related illnesses. The Compensation Fund activities are funded from its revenue and the entity reports separately in accordance with its Strategic Plan.

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Strategic Goals 1: Contributing to decent employment creation (Outcome 4)

7.3.3 Strategic objectives

Strategic Objectives Objective Statement


1. Contribution to decent employment creation

1. Employment Services legislation, related regulations and guidelines in place

Develop and implement Employment Services Legislation, regulations and guidelines

New indicator 1.1. Percentage of work completed on the Employment Services Bill and its regulations and guidelines

2. PES initiatives and interventions communicated through various media channels

Communicate PES initiatives and interventions through various channels

4 National exhibitions on PES and 99 Provincial Advocacy campaigns were held

2.1. Number of PES Advocacy campaigns conducted

3. work-seekers registered on the ESSA system

Register work-seekers on ESSA for opportunities

553 883 work seekers registered on ESSA

3.1. Number of work-seekers registered on ESSA system per year

4. Registered work-seekers provided with employment counselling, placement or referral, to registered opportunities and other services

Provide career counselling and employability enhancement to work-seekers

222 956 work seekers were provided with career information and counselling

4.1 Percentage of work-seekers registered provided with employment counselling

Place and refer work-seekers to opportunities

96 505 placed and referred

4.2 Number of work-seekers placed in registered employment opportunities

4.3 Number of work-seekers referred to registered opportunities

4.4 Number of work-seekers referred to other services

5. Employers registering vacancies on ESSA system

Provide employers with specialised services

2 475 Employers registered vacancies on ESSA

5.1. Number of employers registering vacancies on ESSA system

6. Employment agencies registered

Provide employers with specialised services

1 162 Private employment agencies registered

6.1 Number of Private Employment Agencies registered increased

7. International cross-border labour migration managed

200 requests for recommendation responded to within 30 working days

7.1 Percentage of compliant migrant work permits applications processed within a specified number of days

8. Designated groups funded as per drawdown agreement

New indicator 8.1 Number of Memoranda of Agreements (MOA) concluded with eligible designated group organisations and funding transferred and monitored per year

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1. Contribution to decent employment creation

9. Sheltered Employment Factories funded as per drawdown agreement

New indicator 9.1 MOA concluded by March each year, performance report submitted quarterly and financial transfers effected

10. Productivity SA funded New indicator 10.1 MOA concluded by March each year, performance report submitted quarterly and financial transfers effected

11. Compensation Fund reimbursed for occupational injuries and deceases by public servants

New indicator 11.1 Percentage of claims received for occupational injuries and deceases by public servants settled within 30 days

7.3.4 Risk management: Risks within PES


1. Inadequate communication and marketing strategies of the Employment Services Bill and objectives

1.1 The Bill is currently in Parliament which will conduct public hearings thereon

2. Resistance to collaborate with the Department of Labour by private employment agencies

2.1 Draft Regulations on Private Employment Agencies (including temporary employment service agencies) have been developed and will be communicated with Association for Professional Service Organisation (APSO) and the Confederation of Associations of Personnel Employment Services (CAPES) once the Bill has been promulgated

3. Incomplete SEF Business Case 3.1 SEF legal status and business case finalised

4. Inadequate sales revenue to meet the shortfalls between the Department’s subsidy and operational costs

4.1 A letter from the Minister of Labour to the Minister of Finance is in process to enforce the 50% deposit and solicit a percentage of spending (on relevant items) from government departments to be procured from SEF 4.2 A 50% deposit is currently enforced with all clients 4.3 Costing structure has been designed and is 80% complete

5. Lack of competiveness 5.1. Productivity South Africa’s assistance is on-going.

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7.4 PROGRAMME 4: LABOUR POLICy AND INDUSTRIAL RELATIONS

7.4.1. Purpose: Facilitate the establishment of an equitable and sound labour relations environment and the promotion of South Africa’s interests in international labour matters through research, analysing and evaluating labour policy, and providing statistical data on the labour market, including providing support to institutions that promote social dialogue

7.4.2. Programme description: The programme consists of the following sub-programmes: • Management and Support Services: Labour Policy and Industrial Relations manages delegated administrative and financial

responsibilities, coordinates all planning, monitoring and evaluation functions, and provides corporate support to line function sub-programmes

• Strengthen Civil Society funds civil society organisations that protect vulnerable workers in order to contribute to a stable and smooth functioning labour market by providing resources, support and expertise to improve the independence and self-reliance of workers through transfers to the Development Institute for Training, Support and Education for Labour (DITSELA), the Workers’ College Natal, the Congress of South African Trade Unions (COSATU), the South African Confederation of Trade Unions (SACOTU), the South African Labour Bulletin and selected rural advice offices

• Collective Bargaining manages the implementation of the Labour Relations Act (1995) through policies and practices that promote sound labour relations. Funds are mainly used to: register labour organisations and de-register those that are non-compliant; publish and extend collective agreements; support and advance participation in collective bargaining structures; participate in the governance structures of the Commission for Conciliation, Mediation and Arbitration; and to participate in relevant National Economic Development and Labour Council(NEDLAC) activities

• Employment Equity promotes equity in the labour market through improving the enforcement of the Employment Equity Act (1998)

• Employment Standards protects vulnerable workers in the labour market by administering the Basic Conditions of Employment Act (1997)

• Commission for Conciliation, Mediation and Arbitration - Funds are transferred to the Commission for Conciliation, Mediation and Arbitration, which promotes social justice and fairness in the workplace through dispute prevention and dispute resolution services

• Research, Policy and Planning researches and monitors working conditions and policies affecting the labour market in South Africa

• Labour Market Information and Statistics collects, collates, analyses and disseminates internal and external labour market statistics about changes in the South African labour market that impact on legislation

• International Labour Matters facilitates compliance with international obligations, multi- and bilateral relations and makes transfers to the relevant bodies for membership fees

• National Economic Development and Labour Council – Funds are transferred to the National Economic Development and Labour Council, which promotes economic growth, participation in economic decision making and social equity.



Strategic Goals 2: Promoting equity in the labour market3: Protecting vulnerable workers6: Promoting sound labour relations7: Monitoring the impact of legislation

Strategic outcome oriented goals: 2 (Outcome 11)

Creating a better South Africa and contributing to a better and safer Africa in a better world.

Strategic Goals 4 Strengthening multilateral and bilateral relations

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7.4.3 Strategic Objectives



2. Promoting equity in the labour market

1. Employment equity in the labour market ensured

Establish legislative framework to promote employment equity

Employment Equity Act, 1998

1.1 Employment Equity Act (EEA) regulations amended in line with the amended Act

New indicator 1.2 Annual Employment Equity Report published and launched

58 of Income Differentials assessed

1.3 Number of Income Differentials assessed to determine race and gender disparities in salaries per year

2. Basic conditions of employment in the labour market ensured

Establish the legislative framework to establish basic conditions of employment

Bill consulted and submitted to Parliament

2.1 BCEA regulations finalised in line with the amended Act

1 Child labour programme every 5 years

2.2 One Child Labour Programme of Action implemented in line with the 5 year plan

3. Sectoral determinations published for residual and emerging vulnerable workers

Review existing sectoral determinations

6 Sectoral determinations

3.1 Number of existing sectoral determinations reviewed

Investigate possibility of setting a welfare sectoral determination

3.2 Number of new areas for setting sectoral determinations investigated

4. Civil society organisations that protect vulnerable workers funded

Monitor civil society organisations functions

10 civil society organisations funded

4.1 Number of civil society organisations involved in the world of work funded and monitored per year

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4. Strengthening multilateral and bilateral relation

5. Relations strengthened through memoranda of understanding (MOU) with fraternal countries

Relations strengthened with the fraternal countries

Signed MOU with Lesotho

5.1 Signed MOUs reviewed

New 5.2 Number of reports on the implementation of MOUs produced annually

South Africa’s position documents on agenda items for ILO meetings reflected in discussions

Developed South Africa’s position documents for ILO agenda items

5.3 Advocate South Africa’s position on agenda items of the ILO

Compile reports in terms of Article 19 and 22 of the Constitution of the ILO and to submit ILO

7 reports submitted 5.4 Number of reports to ensure compliance with the ILO’s Constitutional requirements in terms of Article 19 and 22 of the ILO Constitution.

South Africa’s position documents on the agenda items of AULSAC and ARLAC advocated

Participated in the annual SADC Employment and Labour Sector and AU Labour and Social Affairs Commission

5.5 Implement the decisions of the SADC Employment and Labour Sector and the AU Labour and Social Affairs Commission

5.6 Participation in the G20 Meeting of Ministers of Labour and Employment ensured

5.7 Advocate South Africa’s position in the ARLAC Governing Council.

6. Promoting sound labour relations

6. Sound labour relations ensured

Establish legislative framework to promote sound labour relations

Amended LRA Bill 6.1 LRA regulations amended in line with the amended Act

Extend collective agreements

18 collective agreements extended within 60 days

6.2 Number of collective agreements extended within 60 days of receipt

Register new labour organisations within 90 days

Labour organisations registered within 90 days

6.3 Percentage of competent labour organisation applications processed within 90 days of receipt

7. Dispute resolution monitored

Monitor and report on CCMA’s dispute resolutions functions

4 quarterly monitoring reports

7.1 Quarterly monitoring reports on CCMA dispute resolution functions compiled within 7 days of the end of each quarter

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7. Monitoring the impact of legislation

8. Social dialogue monitored

Monitor and report on NEDLAC’s social dialogue functions

4 quarterly monitoring reports

8.1 Quarterly monitoring reports on NEDLAC dispute resolution functions compiled within 7 days of the end of each quarter

9. Labour market trends monitored

Compile labour market trend reports

4 Labour market trends reports completed and published by September 2011:• Industrial Action• Annual Labour Market Bulletin,• Job Opportunity and Unemployment in the South African labour market• Annual Administrative Statistics Report

9.1 Number of annual labour market trends reports produced and disseminated by September

4 briefing reports on QLFS by April, July, October and January

9.2 Number of briefing reports on Quarterly Labour Force Survey and Unemployment Insurance Fund produced within 14 days after each quarter ends

10. Impact of legislation evaluated and reported on

1 Labour Market Review report developed and disseminated

10.1 Annual Labour Market Review developed and disseminated by March

Conduct and commission research proposals to assess the impact of labour legislations on the labour market

5 research projects conducted and concluded

10.2 Number of research reports produced, disseminated and implementations monitored

7.4.4 Risk management: Risks within LP & IR


1. Inadequate collection and monitoring of quality data

1.1 Data quality framework finalised and approved. Implementation in process

2. Economic climate impacting on collective bargaining and labour relations

1.1 Discussions underway with CCMA and bargaining councils relating to subsidy proposals

PART C

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PART C: LINKS TO THE LONG-TERM INFRASTRUCTURE AND OTHER CAPITAL PLANS

8. Links to the long-term infrastructure and other capital plans

Project Name Service delivery output

Current project stage

Total cost Audited outcome Adjusted appropriation

Medium-term expenditure estimate

R thousand 2009/10 2010/11 2011/12 2012/13 2013/14 2014/15 2015/16

Departmental infrastructure

Rustenburg Labour Centre: Construction of building

New labour centre

Construction 15 461 1 592 1 545 1 000 5 105

Mount Ayliff: Site clearance

New labour centre

Design 15 216 292 200 234

Garankuwa: Site clearance

New labour centre

Design 279 31 150 131

Middelburg: Site clearance

New labour centre

Design 512 321 200

Athlone: Site clearance

New labour centre

Design 1 602 240 172

Cape Town: Site clearance

New labour centre

Design 13 029 954 151

Swellendam: Site clearance

New labour centre

Design 533 80 150

Vredenburg: Site clearance

New labour centre

Design 1 596 150

Somerset west: Site clearance

New labour centre

Design 2 129 319 150

Knysna: Site clearance

New labour centre

Design 1 497 225 150

Bellville: Site clearance

New labour centre

Design 445 150

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R thousand 2009/10 2010/11 2011/12 2012/13 2013/14 2014/15 2015/16

Vredendal: Site clearance

New labour centre

Design 445 150

Ceres: Site clearance

New labour centre

Design 540 150

Volksrust: Site clearance

New labour centre

Design 445 297 150

Carltonville: Site clearance

New labour centre

Design 37 178

Secunda: Site clearance

New labour centre

Design 1 959 150

Taung: Site clearance

New labour centre

Design 186 186

Security: wendy houses

Labour centre security wendy houses

Various 62 12 15 15 16

Security: wendy houses

Security: wendy houses at Minister’s parking in Laboria House

Various 17 17

Bronkhorstspruit: Site clearance

New labour centre

Design 200 200

Lusikisiki: Site clearance

New labour centre

Design 66 66

Lebowakgomo: Site clearance

New labour centre

Design 148 148

Sabie: Site clearance

New labour centre

Design 191 191

Carolina: Site clearance

New Labour centre

Design 191 191

Kwamhlanga: Site clearance

New Labour centre

Design 191 191

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R thousand 2009/10 2010/11 2011/12 2012/13 2013/14 2014/15 2015/16

Other labour centres

Various construction, such as electrical repairs

Various 225

Maintenance

Pretoria, Silverton: Sheltered Employment Factory Head Office: Second follow-on repair and maintenance programme

Maintaining Sheltered Employment Factory Head Office to be occupational health and safety compliant

Tender 24 406 232 757 5 976 2 477 3 509

Pretoria Head Office: Laboria House: First follow-on repair and maintenance programme

Maintaining head office to be occupational health and safety compliant

21 128 5 585 5 140 4 406 1 000 3 000 3 870

Construction

Kimberley: Sheltered Employment Factories : Second follow-on repair and maintenance programme

Maintaining Sheltered Employment Factories to be occupational health and safety compliant

Tender 8 763 651 3 150 3 984

Bloemfontein: Sheltered Employment Factories : Second follow-on repair and maintenance programme


Tender 5 880 1 770 134 375

Upington and Kuruman Labour Centre and Kimberley: Sheltered Employment Factories : Repair and maintenance programme


Tender 8 829 57

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R thousand 2009/10 2010/11 2011/12 2012/13 2013/14 2014/15 2015/16

Pretoria labour centre and Sheltered Employment Factories : Repair and maintenance programme


Tender 9 031 1 641 3 702 3 408

Phalaborwa, Hoedspruit and Seshego labour centres: Repair and maintenance programme

Maintaining labour centres to be occupational health and safety compliant

Tender 5 220 204

witbank, Lydenburg and Komatipoort labour centres: Repair and maintenance programme

Maintaining labour centres to be occupational health and safety compliant

Tender 9 634 19

western Cape Labour Centre and Sheltered Employment Factories : Second follow-on repair and maintenance programme


Tender 21 324 541

Gauteng South: Repair and Maintenance programme


Tender 20 458 1 200 920

Sheltered Employment Factories Repair and maintenance programme


Tender 95 648 14 752

Total 311 780 26 878 16 920 22 145 10 392 10 963 7 396

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9. CONDITIONAL GRANTS Not applicable to the Department of Labour.

10. PUBLIC ENTITIES Public entities reporting to the Minister of Labour:

Name of public entity

Mandate Outputs Current annual budget(R thousand)

Date of nextevaluation

Unemployment Insurance Fund

The Unemployment Insurance Fund (UIF) contributes to the alleviation of poverty in South Africa by providing short-term unemployment insurance to all workers who qualify for unemployment related benefits. The Fund is financed by a dedicated tax on the wage bill

Collection of unemployment insurance contributions and payment of benefits to qualifying contributors

R8,2 Billion 1 April 2013

Compensation Fund

The Compensation Fund’s (CF) main objective is to provide compensation for disability, illness and death resulting from occupational injuries and diseases

Medical and compensation benefits

R 3,347,939,318 1 April 2013

Productivity SA Productivity SA is mandated by Government, Organised Labour and Organised Business to improve the productive capacity of the economy and thus contribute to South Africa’s socio-economic development and competitiveness

Products and services of assisted companies world class and competitive.

Productivity and competitiveness awareness is high and embraced in South Africa• Capacitated SMMEs contribute to sustainable employment creation• Jobs saved in distresses companies• Productivity research reports for selected sectors produced.

R 75 384 973 15 April 2013

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Name of public entity

Mandate Outputs Current annual budget(R thousand)

Date of nextevaluation

Commission for Conciliation, Mediation and Arbitration

The Commission for Conciliation, Mediation and Arbitration (CCMA) was established in terms of the Labour Relations Act, 1995 as amended. It is mandated to promote social justice and fairness in the workplace by delivering ethical, qualitative, innovative and cost effective dispute management and resolution services, institution building services, education, training and development, and efficient administration

The CCMA’s compulsory statutory functions are to:Consolidate workplace disputes,• Arbitrate certain categories of disputes that remain unresolved after conciliation, establish picketing rules• Facilitate the establishment of workplace forums and statutory councils• Compile and publish information and statistics about CCMA activities• Accredit and consider applications for subsidy by bargaining councils and private agencies• Provide support for the Essential Services Committee.

R402 017 000 1 April 2013

National Economic Development and Labour Council

The National Economic Development and Labour Council was established in terms of the National Economic Development and Labour Council Act, 1994. The Act requires Organised Labour and Organised Business, Community Based Organisations and Government, as a collective, to promote the goals of economic growth; participate in economic decision making and social equity; seek to reach consensus and conclude agreements on matters pertaining to social and economic policy; consider all proposed labour legislation relating to labour market policy and all significant changes to social and economic policy before these are introduced in Parliament; and encourage and promote the formulation of coordinated policy on social and economic matters

The NEDLAC Act requires the institution to: • Strive to promote the goals of economic growth• Participation in economic decision – making and social equity• Seek to reach consensus and conclude agreements on matters pertaining to social and economic policy• Consider all proposed labour legislation relating to labour market policy before it is introduced in Parliament• Encourage and promote the formulation of coordinated policy on social and economic matters• Consider all significant changes to social and economic policy before it is implemented or introduced in Parliament • Consider Social Economic Disputes in terms of Section 77 of the Labour Relations Act

R14 379 000 1 April 2013

11. PUBLIC-PRIVATE PARTNERSHIPS

None

RP No: 56/2013

ISBN No: 978-0-621-41598-8

Date post:	23-Apr-2018
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