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Select Committee Presentation 2 September 2009

Select Committee Presentation 2 September 2009. EMPLOYMENT EQUITY CONSTITUTION of RSA Chapter 2 Bill of Rights Section 9(2).

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Select Committee Presentation 2 September 2009

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  1. Select Committee Presentation 2 September 2009

  2. EMPLOYMENT EQUITYCONSTITUTION of RSA Chapter 2 Bill of Rights Section 9(2) “Equality includes the full and equal enjoyment of all rights and freedom. To promote the achievement of equality, legislative and other measures designed to protect or advance persons, or categories of persons disadvantaged by unfair discrimination may be taken”

  3. PURPOSE OF EE ACT To achieve equity in the workplace by- • Promoting equal opportunity and fair treatment in employment through elimination of unfair discrimination; and • implementing affirmative action measures to redress the disadvantages in employment experienced by designated groups to ensure their equitable representation in the workplace.

  4. Chapter 2: Prohibition of unfair discrimination • No person may unfairly discriminate, directly or indirectly against an employee or job applicant in any employment policy or practice on one or more grounds, including race, gender, pregnancy, HIV status, disability, etc. • Disputes concerning unfair discrimination must be referred to the CCMA and Labour Court.

  5. Chapter 3: Affirmative Action • Applies only to designated employers (i.e. those that employ 50 and more employees and those who employ less than 50, but turnover threshold is higher than that in Schedule 4 of the EEA). • Designated employers must: • Consult with employees when conducting analysis of workplace; • Preparing and implementing EE Plan; and • Before submitting EE Report to Department.

  6. Chapter 3: Affirmative Action (section 21- EE Reporting) • Large employers, i.e. those with 150 and more employees must submit their first EE Reportwithin six months of being designated, and thereafter annually on the first working day of October. • Small employers, i.e. with fewer than 150 must submit their first EE Report within twelve months of being designated, and thereafter on the first working day of October of every year that ends with an even number.

  7. Chapter 4: Commission for Employment Equity (CEE) • Section 28 establishes the CEE. • CEE consists of 9 members ( a Chairperson, 2 representatives from Organised Business, Labour & Community). • CEE mandate includes, amongst others: • Advising Minister on Codes of good practice, regulations, policy, etc; and • Submission of an annual report to Minister.

  8. Highlights of the 9th CEE Annual Report • Highlights for the period (2008/2009): • Presentation of 8th CEE Annual Report to Portfolio Committee on Labour and Cabinet; • EE Road shows; • Amendments to EE Regulations; and • Feedback on DG Reviews • Analysis of EE reports received in 2008 • Income Differentials • Concluding Remarks

  9. Chapter 5: Monitoring, Enforcement & legal proceedings • Sections 34-40 deals with EE inspections. • Sections 43-45 deals with Director General Review process on substantive compliance and progress is follows: • Since 2006 until 31/03/09, 106 companies have been reviewed from top 100 JSE list, including multinationals. • 1 case out of 106 companies referred to Labour Court - judgement pending.

  10. Protecting Vulnerable WorkersLegislative Framework • Basic Conditions of Employment Act, 75 of 1997, as amended • Sectoral determinations • Children in the Performing Arts (Ministerial Determination) • Variations granted i.t.o the BCEA

  11. Sectoral Determinations Promulgated

  12. EMPLOYMENT CONDITIONS COMMISSION “Protecting Vulnerable workers”

  13. Role of the ECC • Established in terms of the BCEA • ECC is an advisory body • Sectoral determinations • Matters concerning basic conditions of employment • Children’s issues • And others

  14. Composition of ECCChapter 9 • 1 member and alternate representing organised business • 1 member and alternate representing organised labour • Chairperson appointed by the Minister

  15. Protection provided • Earnings threshold (R149736) Extending the protection provided in terms of the BCEA • Regulations on hazardous forms of child labour • Setting out clear regulations of what is regarded as worst forms of child labour • Respiratory Hazards • Working in hot/cold/noisy environments • Working with power tools • Working in elevated positions • Lifting of heavy weights

  16. Social Security net extended Provident Funds established in: • Contract Cleaning • Private Security Sector

  17. 2009 Investigations • Contract Cleaning under review • Civil Engineering finalised • Private Security Review finalised • Wholesale & Retail under review • Hospitality under review • Unskilled Labour (Research phase) • Impact Study (Research phase)

  18. Child Labour (1) • Child Labour Programme of Action formally adopted in Cabinet - February 2009 • Seeks to harness the collective attempts to address child labour from all stakeholders • Mainstreamed children’s issues in the work plans of relevant government departments

  19. Child Labour (2) • TECL – provided technical assistance in drafting CLPA for period 2008 to 2013 • CLPA adopted in February 2009 • Department of Labour – lead Department for coordinating & monitoring • IC bi-monthly meetings held • Compliance with Action Steps – by all government departments • CLIG structures to be revived: • In all 9 provinces • Linking primarily with DSD/SAPS/Education & various other Government Departments

  20. Child Labour (3) • Worst Forms of Child Labour (WFCL ) • Draft Regulations approved by ACOS submitted to Minister for publication • Children Used by Adults to Commit Crime (CUBAC ) • Draft Child Offences Act • Promulgation date to be confirmed • Commercial Sexual Exploitation of Children (CSEC ) • Human trafficking Bill submitted to parliament • Criminal Justice Amendment Bill still under discussion

  21. Extend collective bargaining agreements concluded by bargaining councils to non-parties Extended agreements from 1 April to 31 August 09: 12 agreements extended to non-parties covering 424 650 employees PROMOTE SOUND LABOUR RELATIONS

  22. Registration of labour organisations Registered labour organisations: - Trade unions: 208 - Employers’ organizations: 170 Bargaining councils: 47 PROMOTE SOUND LABOUR RELATIONS continue

  23. Cancel registration of labour organizations for non genuiness and failure to comply with legal requirements Cancelled organizations from 1 April to 31 August 09: Trade unions:13 - Employers’ organisations:13 PROMOTE SOUND LABOUR RELATIONS continue

  24. Cancel registration of labour organizations for non genuineness and failure to comply with legal requirements 1. Trade unions: 13 10 in respect of legal requirement and 3 for non-genuineness. Employers organisations: 13 - 9 in respect of legal requirement and 4 for non-genuineness. PROMOTE SOUND LABOUR RELATIONS continue

  25. Support and ensure speedy dispute resolution Support for CCMA: - Bi-annual transfer payment. (Budget for 2009/10= R291m) - Participate in CCMA Governing body and Subcommittee meetings Participate in the recruitment of commissioners (Full-time commissioners = 421 & Part-time = 149 Monitor CCMA’s performance PROMOTE SOUND LABOUR RELATIONS continue PROMOTE SOUND LABOUR RELATIONS continue

  26. Support and ensure speedy dispute resolution CCMA has 13 provincial offices in the following cities: - Kwa-Natal: Durban Kwa-Natal: Petermarizburg Kwa-Natal: Richards Bay Western Cape: Cape Town Western Cape: George PROMOTE SOUND LABOUR RELATIONS continue

  27. Support and ensure speedy dispute resolution CCMA has 13 provincial offices in the following cities Gauteng South Office: Johannesburg Gauteng North Office: Pretoria Mpumalanga: Witbank Limpopo: Polokwane North-West: Klerksdorp PROMOTE SOUND LABOUR RELATIONS continue

  28. Support and ensure speedy dispute resolution CCMA has 13 provincial offices in the following cities: - North- Cape: Kimberly Eastern Cape: East London Eastern Cape: Port Elizabeth PROMOTE SOUND LABOUR RELATIONS continue

  29. Monitor collective bargaining disputes Dispute from 1 April – August 09 Number of collective bargaining disputes: 25 Wages lost: R79 111 420 Workdays lost: 567 971 Number of employees involved: 75 104 Work-hours lost: 3 927 410 PROMOTE SOUND LABOUR RELATIONS continue

  30. Strengthen Civil Society organizations who are engaged with protection of vulnerable workers The following civil society organisations were funded: DITSELA Workers College Natal - South African Labour Bulletin PROMOTE SOUND LABOUR RELATIONS continue

  31. Strengthen Civil Society organizations who are engaged with protection of vulnerable workers The following civil society organisations were funded - COSATU SACOTU Workers World Media Production PROMOTE SOUND LABOUR RELATIONS continue

  32. Strengthen Civil Society organizations who are engaged with protection of vulnerable workers The following civil society organisations were funded - Industrial Health Resource GroupPriceless Honour Lotavha Legal Advice Office Swellendam Advice Office PROMOTE SOUND LABOUR RELATIONS continue

  33. THANK YOU

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