BRANCH LABOUR POLICY & LABOUR MARKET PROGRAMMES

Presentation to the Select Committee on Labour in the NCOP

12 October 2004

CONTENTS
1. Branch Purpose
2. Branch Structure
3. Branch Focus Areas
4.Legislation

1. BRANCH PURPOSE
Establish an equitable and sound labour relations environment and international relations, through:
* research, analysis and evaluation of labour policy and
* providing data and statistics on the labour market, including
* support to the institutions that promote social dialogue (the CCMA and Nedlac)

2. BRANCH STRUCTURE
Deputy Director-General: Labour Policy and Labour Market Programmes: Mr. Les Kettledas
1. Labour Market Policy: Mr. Botshabelo Maja
2. Labour Relations: Mrs. Nerine Kahn
3. Unemployment Insurance Fund: Mr. Shadrack Mkhonto

2.1. Labour Market Policy:
International Relations
1. African Desk
2. International Labour Organisation Desk
3. Technical Cooperation Desk
Labour Market Information and Statistics
1.Research , analysis and evaluation of labour policy and providing data and statistics on the labour market
Research, Policy and Planning
1.Research , analysis and evaluation of labour policy and providing data and statistics on the labour market
2.2. Labour Relations
1.Collective Bargaining & Registrar of Labour Relations
2. Labour Organisations
3. CCMA governance
4. Monitor, Research
5.NEDLAC affairs

2 BRANCH FOCUS AREAS
1. Contribute to employment creation
Ongoing monitoring of the achievements and targets of government departments' GDS commitments
2. Enhance skills development
Sectoral Skills Plans aligned to sectoral growth strategies in at least 15 sectors.
Align Equity and Skills Development
3. Promote equity in the labour market
Produce a 5 year study on the implementation of the EE Act
Oversee compliance, implement DG Review system
Technical Assistance Guidelines &Codes of Good Practice implemented & further codes developed
Produce Public Register, increased reporting levels

2. BRANCH FOCU~S AREAS (continued)

4. Protect vulnerable workers
· Sectoral determinations published for residual and emerging vulnerable workers (children in performing Arts, Forestry, Taxi, Sheltered
· Employment)
· Establishment of bargaining councils in vulnerable sectors e.g. Security, civil Engineering, Contract cleaning
· Child Labour Action programme finalised and implemented

2. BRANCH FOCUS AREAS (continued)
5. Strengthen multi-lateral and bi-lateral relations in which we have interests.
· Ensure effective participation in the ILO, SADC and AU Labour and Social Affairs Commission

2. BRANCH FOCUS AREAS (continued)
6. Strengthen social protection
· Ensure improved client satisfaction on UI services
· Revenue collection improved by at least 10% and strategy in place
· Financial management capacity of the Fund enhanced
· UIF strengthened to better serve it's clients
· Agreement reached with relevant government departments on the a(agencification of UIF

2. BRANCH FOCUS AREAS(continued)
7. Promote sound labour relations
· Ensure an effective and efficient dispute resolution system at CCMA and Bargaining Councils
· The proportion of workers covered by collective agreements increased
· Small business representation in Bargaining Councils ensured (continue...)
2. BRANCH FOCUS AREAS (continued)
7. Promote sound labour relations (continued)
· Inclusion of broader economic and employment growth issues into CB agreements
· Active engagement and participation by Branch in tripartite statutory bodies

2. BRANCH FOCUS AREAS (continued)
8. Strengthen capacity of labour market institutions
Improve service delivery provided by statutory bodies and public entities
associated with DoL (CCMA and Nedlac)
2. BRANCH FOCUS AREAS(continued)
9. Monitor the impact of labour market policies and programmes

• Bi-annual Labour Market review and labour statistics reports produced and labour market trends analysed and linked to DoL interventions
• The impact of aggregate and disaggregate DoL policies and programmes on stated goals and objectives will be researched and reported on
  (continue .)
  2 BRANCH FOCUS AREAS (continued)
  
  9. Monitor the impact ~ labour market policies and programmes
  (continued)
  · Annual client surveys conducted on levels of service delivery and made public
  · Actively promote the harmonisation of labour market policies and other government policies
  2. BRANCH FOCUS AREAS (continued)
  10. Strengthen DoL's institutional capacity
  · Develop and negotiate a new organisational model for UIF
  · Risk management
  · Operations support
  · Service delivery improvement programme
  · Communication
  3 LEGISLATION
  The following legislation assists the Branch LP & LMP to achieve its objectives:
  1. Basic Conditions of Employment Act
  2. Employment Equity Act
  3. Labour Relations Act
  4. Nedlac Act
  5. Unemployment Insurance Act
  6. Unemployment Insurance Contributions Act
  
  LEGISLATION(continued)
  Basic Conditions of Employment Act, 75 of 1997
  Purpose: 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;
  (continue .5.)
  3 LEGISLATIQN(continued)
  Basic Conditions of Employment Act, 75 of 1997 (continued)
  Purpose: To advance economic development and social justice by...:
  b. To give effect to obligations incurred as a member state of the International Labour Organisation.
  
  3 LEGISLATION(continued)
  Employment Equity Act, 55 of 1998
  Purpose: To achieve equity in the workplace, by promoting equal opportunity and fair treatment in employment through the elimination of unfair discrimination; and

b)To give effect to obligations incurred by the Republic as a member state of the International Labour Organisation
(continue ...)

3. LEGISLATION (continued)
Labour Relations Act,~66 of 1995 (continued)
c) To provide a framework within which employees and their trade unions, employers and employers' organisations can collectively bargain to determine matters of mutual interest and formulate industrial policy,
d) To promote:
· Orderly collective bargaining (also at sectoral level),
· Employee participation in decision-making in the workplace and
· Effective resolution of labour disputes.

3 LEGISLATION (continued)
Nedlac Act, 1994
Nedlac shall:
a)Strive to promote goals of economic growth, participation in economic decision making and social equity;
b) Seek to reach consensus and conclude agreements pertaining to social and economic policy;
c) Consider all proposed labour legislation relating to labour-market policy before it is introduced in Parliament;
(continue...)
3.LEGISLATION (continued)
Nedlac Act, 1994 (continued)
Nedlac shall:
d)'Consider all significant changes to social and economic policy before it is implemented or introduced in Parliament;

· to which employers and employees contribute, and
· from which employees who become unemployed or their beneficiaries, as the case may be, are entitled to benefits and
· in so doing, to alleviate the harmful economic and social effects of unemployment

3 LEGISLATION (continued)
Unemployment Insurance Contributions Act, 4of2002
Purpose: To provide for-
a) the payment of contributions for the benefit of the Unemployment Insurance Fund; and
b) procedures for the collection of such contributions.
THANK YOU