23 September 2009-Final

1. 23 September 2009-Final Training Layoff Scheme CCMA PROCESS

2. CCMA KEY ROLES • Recommend participation in Training Layoff scheme • Facilitate consultation and finalization of a Training Layoff Agreement • Monitor and report on Training Layoff agreements and the impact on the CCMA

3. KEY ASPECTS OF CCMA PROCESS • Receive request for participation in the Training Layoff scheme • Evaluate eligibility of parties to participate in the Training Layoff scheme • Make a recommendation in the form of an Advisory Award to the DoL Committee • Facilitate process to conclude the Training Layoff Agreement • Peruse Training Layoff Agreement to check compliance with requirements • Deliver Agreement and supporting documentation to the DoL Committee

4. CCMA OVERALL PROCESS FLOW TL REQUEST STAGE TL REQUEST DOCUMENTS EVALUATION STAGE ADVISORY AWARD (Recommendation) FACILITATION STAGE TRAINING LAYOFF AGREEMENT PERUSAL STAGE TRAINING LAYOFF AGREEMENT (Compliance checked)

5. SOURCE OF TRAINING LAYOFF • Scenario 1 The Training Layoff arises from a CCMA process dealing with operational requirements matters in terms of s189A facilitation or a s189 (s135) conciliation; as a result of a Process Agreement concluded between the parties • Scenario 2 The Training Layoff arises from a Request to Participate form in terms of s150 received from a party / parties in the labour market not involved in a CCMA process; following consent of both parties • Scenario 3 The Training Layoff arises from a Training Layoff Agreement concluded by parties in the labour market not involved in a CCMA process & where a Request to Participate form in terms of s150 has been completed

6. PROCESS FLOW: Scenario 1 Process Agreement CCMA Process Operational requirements matters s189A, s135 Advisory Committee evaluates eligibility Advisory Award Facilitation to conclude Training Layoff Agreement (if recommended) Training Layoff Agreement Training Layoff Agreement perused for compliance Training Layoff Agreement (Compliance checked) If participation in Scheme is not recommended, Process Agreement and Advisory Award will be delivered to DoL Committee who will advise parties. Training Layoff process will cease and the provisions of the Process Agreement will apply in respect of the original process. Delivered to DoL Committee and SETA with Process Agreement

7. PROCESS FLOW: Scenario 2 Request to Participate in TL Scheme Form (s150) Advisory Committee evaluates eligibility Advisory Award Facilitation to conclude Training Layoff Agreement (if recommended) Training Layoff Agreement Training Layoff Agreement perused for compliance Training Layoff Agreement (Compliance checked) If request to participate in Scheme is not recommended, Request to Participate form and Advisory Award will be delivered to DoL Committee who will advise parties. Delivered to DoL Committee and SETA with Request to Participate Form

8. PROCESS FLOW: Scenario 3 Request to Participate in TL Scheme Form (s150) Advisory Committee evaluates eligibility Training layoff agreement Advisory Award Training Layoff Agreement perused for compliance Facilitation to conclude compliant Training Layoff Agreement Training Layoff Agreement (Compliance checked) If request to participate in Scheme is not recommended, Request to Participate form, Training Layoff Agreement and Advisory Award will be delivered to DoL Committee who will advise parties. Delivered to DoL Committee and SETA with Request to Participate Form

9. ADMINISTRATIVE ARRANGEMENTS • Process Agreements and Requests to Participate Forms will be received at all regional offices • A dedicated Case Management person to handle documents from start to finish • Case captured on CMS, issue: Training Layoff • Process Agreements and Requests to Participate Forms forwarded to National Office • Process scheduled in region as required, if recommended • Case closed on CMS in Region The above must be read in conjunction with the SOP on Dealing with Training Layoff Applications

10. CMS WORKFLOW Process agreement / Request for s150 Assistance form received at Regional Offices Capture all data on CMS Stays on ‘Referred’ status on CMS National Office advises on status Not recommended Close Case on CMS Recommended ‘Activate’ on CMS and process as Facilitation Schedule Case on CMS as required Outcome/Finalise on CMS

11. MONITORING & REPORTING • Number of companies signing Training Layoff agreements • From CCMA processes • From Labour market • Training Layoff Agreements by Sector • Training Layoff Agreements by SETA • Number of workers in Training Layoffs • Training Layoff Agreements by size of the company’s total workforce