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DOL PRESENTATION Parliamentary Joint Monitoring Committee 21/09/07. CONTENT OUTLINE. Basic Conditions of Employment Act Employment Equity Act Skills Development Act. BASIC CONDITIONS OF EMPLOYMENT ACT. PROHIBITION OF EMPLOYMENT OF CHILDREN.
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DOL PRESENTATION Parliamentary Joint Monitoring Committee 21/09/07
CONTENT OUTLINE • Basic Conditions of Employment Act • Employment Equity Act • Skills Development Act
PROHIBITION OF EMPLOYMENT OF CHILDREN • BCEA prohibits the employment of children under 15 years. • Those between 15-17 years old if work is in-appropriate for child’s age or bad for his / her development.
Child labour is work by a child that is exploitative, hazardous or otherwise inappro-priate for the child’s age; detrimental to the child’s schooling; social, physical, mental, spiritual or moral development. Child work is work that is not bad for a child’s health, schooling or development Example: reasonable household chores DefinitionsAll regarding work by children under 18 years Increased seriousness Worst Forms of Child Labour • Commercial sexual exploitation of children • Children used by adults to commit crime • Child trafficking • Hazardous work
Child labour Investigate and take action as appropriate. Take measures to eliminate child labour. Child work No action needed, unless work is excessive Prioritisation of action Action to be prioritised Worst Forms of Child Labour – • Investigate and take appropriate action. • Take measures to eliminate worst forms of child labour.
APPROACH OF CLPA • It follows an intersectoral approach • It seeks to integrate Child Labour into new and existing programmes of Government
ACHIEVEMENTS • CLPA updated. • Inclusion of Child Labour clause in the Children’s Act. • Inclusion of Wosrt Forms of Child Labour Clause in the Children’s Amendment Bill. • Implementation of “No Fee School Policy”. • DoL is now participating in the Trafficking in Persons Task Team driven by the NPA.
ACHIEVEMENTS (Cont) • Child Labour Regulations on hazardous work finalised. • Children Used By Adults to Commit Crime (CUBAC) study recommendations submitted to Dept of Justice. • National Awareness Campaign conducted (Road shows, print media, radio & TV).
Children in the Performing Arts (CIPA) • Sectoral Determination. • Varies conditions of employment for children in the Performance of Advertising, Artistic and Cultural Activities. • 1154 Applications for permits were granted in 2006 – 2007 involving 5377 children. • 28 Applications for permits were refused due to extended hours of work and inadequate rest periods. • CIPA rolled out to provincial departments.
BACKGROUND • Employment Equity Act was promulgated in 1998; • Regulations to implement the act were introduced in 1999/2000 as amended; • Code of Good Practice on the employment of disabilities were published in August 2002; and • Technical Assistance Guidelines on the Employment of People with disabilities were introduced in August 2003.
PURPOSE OF THE CODE • To unpack key principles in the Employment Equity Act relating to disability
PURPOSE OF THE TAG • To assist employers, employees, trade unions and people with disabilities to, amongst others: • Clearly understand the Employment Equity Act and the Disability Code; and • Provide practical guidelines on how to implement affirmative action measures to eliminate unfair-discrimination.
KEY ELEMENTS OF THE CODE & TAG • Key elements of the Code & TAG include, but are not limited to: • Definition of disability; • Reasonable accommodation • Recruitment and selection; • Medical and psychological testing; • Education and awareness
KEY ELEMENTS OF THE CODE & TAG (Cont) • Training and career advancement; • Termination of employment; • Employee benefits; • Confidentiality and disclosure; and • Employment Equity planning.
IMPLEMENTATION OF CODE & TAG • Material was produced in different formats, including Braille, audiotapes, large print & electronic format; • A seminar was conducted where material was distributed to various organizations on disability and interest groups; and • Capacity building to DoL Provincial offices was provided in order to enable them to advocate and assist employers.
IMPLEMENTATION OF CODE & TAG (cont) • On-going support is provided to employers both nationally and provincially on the Code and TAG. • Continual interaction with Office on the Status of Persons with Disabilities in the Presidency and Disability organizations
DISABILITY INTEGRATION • Disability mainstreamed to eliminate unfair discrimination & promote AA. • Disability forms an integral part of this entire process.
SHELTERED EMPLOYMENT • 12 of these factories exist in the country • They offer short or long term employment to PWD’s, especially to those with very severe disabilities or limited education. • Proudly SA – produces tables, desks, chairs, pillow cases, body bags, etc. • Collectively they employ 1100 people with disabilities. • Budget allocation for 2007/2008 R48,371,514.
DG REVIEWS • Section 43 empowers the DG. • Six companies were reviewed in 2006 – all of these companies either made very little or no effort to comply with the Act. • In 2007/2008 – 33 JSE listed companies are being reviewed.
BACKGROUND • Enhancement of skills in workplaces and for the unemployed is part of DoL’s programme of action as mandated by SDA • NSDS (2001-2005) was launched to ensure achievement of this mandate • NSDS principles is to ensure that designated groups benefit from skills interventions by SETAs and other Skills development institutions
BACKGROUND (Cont) • NSDS prescribe targets for learners entering learning programmes as follows: • 85% Black, • 54% Women, and • 4% people with disabilities. • Mechanisms to support and monitor the implementation and ensure corrective measures are in place to evaluate the extent of achievement.
UMSOBOMVU YOUTH FUND • Umsobomvu play a key role in the development of youth. The following contributions were made thus far: • Supplier Development Training: Aim of the programme is to train entrepreneurs & 74 young entrepreneurs established new ventures. • 100 beneficiaries assisted through the implantation of New Venture Creation Learnership in 3 FET Colleges.
UMSOBOMVU YOUTH FUND (Cont) • Business Opportunity Support Services: BOSS involves facilitation of linkages between youth entrepreneurs and matching business opportunities, while at the same time provide technical assistance, mentorship and facilitate access to funding. A database of Youth Entrepreneurs has been developed and is managed on a continuous basis in line with identified opportunities.
UMSOBOMVU YOUTH FUND (Cont) • During 2006/7 financial year Business opportunities raised totalled over R183.7 million, the programme assisted 143young entrepreneurs to access retail trade opportunities with the following companies: • Nestle (ice cream on wheels business, where youth were provided with carts/ motorcyclesto cell ice cream nationally), • Massmart (hot dog carts) and MTN (container cell phone business)
