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 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.

DefinitionsAll regarding work by children under 18 years

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

Worst Forms of Child Labour

Commercial sexual exploitation of children

Children used by adults to commit crime

Child trafficking Hazardous work

Increased seriousness

Prioritisation of action

Child labour Investigate and

take action as appropriate.

Take measures to eliminate child labour.

Child work

No action needed, unless work is excessive

Worst Forms of Child Labour –

Investigate and take appropriate action.

Take measures to eliminate worst forms of child labour.

Action to be prioritised

Child Labour Action Programme (CLPA)

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.

EMPLOYMENT EQUITY ACT

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 toimplement 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.

SKILLS DEVELOPMENT ACT

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.

OVERALL ACHIEVEMENT RESULTS ON NSDS

5 527 (12%) Youth 46 055Total number of people trained on ABET level 1-4 2 303 (0.5%) PWD

1 530 (12%) Youth

2.7 Workers trained & achieved ABET level 1-4 is as follows:

12 748 Achieved ABET level 1-4

765 (0.6%) PWD

SETA Discretionary Grant Funds

OVERALL ACHIEVEMENT RESULTS ON NSDS (Cont)

24 182 (42%) Youth 57 577 Workers have entered learning programmes 576 (1%) PWD

8 355 (39%) Youth

2.8 Workers assisted to enter and successfully complete programmes, including learnerships, & apprenticeships.

21 423 Workers successfully completed. Learning programmes 1 072 (0.5%) PWD

SETA Discretionary Grant Funds

OVERALL ACHIEVEMENT RESULTS ON NSDS (Cont)

40 238 (36%) Youth 118 153 unemployed trained 2 271 (2.3%) PWD

23 048 (28%) Youth

3.1 Unemployed people trained, 25% of training quality assured, and 70% of trained people, placed in employment, self-employment or social development programmes including EPWP.

90 691 placed in employment

2 058 (2.5%) PWD

NSF- Social Development Funding Window: R334 Million Allocated and R277,5 million utilized by end of March 2007

OVERALL ACHIEVEMENT RESULTS ON NSDS (Cont)

27 887 (68%) Youth

41 011 Unemployed learners have entered learning programmes

1 230 (3%) PWD

7 228 (59%) Youth 12 251 Unemployed learners have successfully completed learning programmes

245 (2%) PWD

SETA Discretionary Levy Grants NSF Critical Funding Window: R317 million allocated for NSF projects and additional amount of R300 million allocated for artisan development

1148 (100%) Youth

4.1 Unemployed people assisted to enter & at least 50% successfully complete programmes, including learnerships,& apprenticeships

1148 Beneficiaries received bursaries provisioned through NASFAS

1138 (99%) PWD

NSF Critical Funding Window: R32 million allocated

OVERALL ACHIEVEMENT RESULTS ON NSDS (Cont)

3 826 (44%) Youth 4.2 Learners in critical skills programmes covered by sector agreements from FET & HET institutions assisted to gain work experience, & at least 70% find placement.

8 695 learners entered work places.

261 (3%) PWD

SETA Discretionary Levy Grants

OVERALL ACHIEVEMENT RESULTS ON NSDS (Cont)

1 446 (44%) Youth 3 287 learners trained and mentored in new venture creation programmes

99 (3%) PWD

332 (44%) Youth

4.3 Young people trained & mentored to form sustainable new ventures, & at least 70% of new ventures still operation 12months after completion of programme.

755 New Venture Creation businesses sustained

23 (3%)

SETA Discretionary Levy Grants

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 143 young entrepreneurs to access retail trade opportunities with the following companies:

Nestle (ice cream on wheels business, where youth were provided with carts/ motorcycles to cell ice cream nationally),

Massmart (hot dog carts) and MTN (container cell phone business)

THANK YOU