Report of the
Portfolio Committee on Labour on its activities undertaken during the 4th
Parliament (May 2009 – March 2014), dated 11 March 2014.
Key highlights
1.
Reflection on
committee programme per year and on whether the objectives of such programmes
were achieved
·
In 2009, the
Committee held public hearings on labour broking to ascertain the views of the
public on this subject. This was as a result of the growing interest in the
subject both internationally and in South Africa. The purpose of the public
hearings was to look into the challenges confronting the country with regard to
labour brokers who were not operating in accordance with the labour law
prescripts. The ultimate aim was to come up with recommendations on how this
practice could be regulated. The labour law amendments were tabled before the
Committee for processing. These amendments addressed, inter alia, the
issue of labour broking.
·
In 2010, the
Committee undertook an oversight visit to the fishing industry in the Western
Cape Province to assess the working conditions of people employed in the
fishing industry and compliance of the industry to labour law prescripts and
international standards. In 2012, the Committee undertook a similar oversight
in the Western Cape farms. Subsequently, the Minister of Labour amended the
sectoral determination on farm workers to address employment conditions in
farms.
·
In the 2012/2013
financial year, the Committee received and processed the Labour Relations
Amendment Bill, Basic Conditions of Employment Bill, Employment Equity
Amendment Bill and Employment Services Bill. All these Bills were processed and
referred to the National Council of Provinces for concurrence. The Labour
Relations Amendment Bill and the Employment Services Bill were returned to the Committee
for consideration of further amendments proposed by the Select Committee on
Labour and Public Enterprises. The further amendments were considered and the
Bills were completed.
·
In 2012, the
Committee went on a study tour of Germany. The purpose of the study tour was to
assess and learn more about Germany’s Active Labour Market Programmes,
especially the Public Employment Services. Lessons learned were useful in the
processing of the Employment Services Bill.
·
The Committee
ratified four international agreements in 2012/2013.
·
In 2013/2014, the
Committee undertook oversight visits to the provincial offices, labour centres
and some entities of the Department of Labour in KwaZulu-Natal, Western Cape,
Eastern Cape and the Northern Cape.
2.
Committee’s focus
areas during the 4th Parliament
·
Issue of atypical
employment and its attendant problems.
·
Decent work in
vulnerable sectors of employment.
·
Provision of
Department of Labour services at Labour Centres and entities under the
Department of Labour.
·
Processing of
legislation referred to the Committee.
·
Learning from other
countries about the provision of Public Employment Services so as to
incorporate best practice into the South African system.
·
Processing of
international Agreements.
3.
Key areas for future
work
·
Monitoring of implementation of amended legislation.
·
Follow up on recommendations made by the Committee during oversight
visits.
·
Monitor compliance to international agreements.
4.
Key challenges
emerging
The following challenges were encountered by the 4th
Parliament:
·
Inadequate resources
for executing the mandate of the Department of Labour at service delivery
level.
·
Provision of
Information and Communication Technology (ICT) services to the Department of
Labour.
·
Violent strikes in
the farming and the mining sector.
5.
Recommendations
·
The Department of Labour should brief the Portfolio Committee on Labour
on its Information, Communication and Technology (ICT) strategy and progress
with implementation of the strategy. The briefing should include the process
followed with regard to the EOH resources, especially human resources.
·
The Department should brief the Committee on progress with the Shanduka
project, which aims to identify resources required to execute the mandate of
the Department.
·
The Department and the Compensation Fund should brief the Committee on
progress regarding the turn-around initiatives of the Compensation Fund.
1.
Introduction
The term of the fourth Parliament started on 28 April 2009 and will
expire on 27 April 2014. The President announced the election date as 7 May
2014. After the elections, members of the fifth Parliament will be sworn in at
the first sitting of Parliament on the date and time determined by the Chief
Justice. Members of the National Assembly will then be assigned to committees
of Parliament. The Portfolio Committee on Labour is one of the committees of
Parliament, which are also known as the engines of Parliament. The highlights
of the Portfolio Committee on Labour during the fourth Parliament include the
transfer of the administration of the Skills Development Act into the
Department of Higher Education and Training, hence the oversight function into
the relevant portfolio committee. Other highlight is the introduction of the
Employment Services Bill, which seeks to, inter alia; make provision for
the establishment of Productivity South Africa and the establishment of the
Supported Employment Enterprises (formerly Sheltered Employment Factories).
This report summarises the activities of the fourth Parliament so as to assist the
incoming members of the fifth Parliament in taking over from the fourth
Parliament.
1.1
Department and
Entities falling within the committee’s portfolio
a) Department of Labour
The core mandate of
the Department is to regulate the labour market through policies and programmes
developed in consultation with social partners, which are aimed at:
·
Improved economic
efficiency and productivity.
·
Creation of decent
employment.
·
Promoting labour
standards and fundamental rights at work.
·
Providing adequate
social safety nets to protect vulnerable workers.
·
Sound labour
relations.
·
Eliminating
inequality and discrimination in the workplace.
·
Enhancing
occupational health and safety awareness and compliance in the workplace.
·
Giving value to
social dialogue in the formulation of sound and responsive legislation and
policies to attain labour market flexibility for competitiveness of enterprise
which is balanced with the promotion of decent employment.
The work of the
Department is organised into four programmes, namely Administration, Inspection
and Enforcement Services, Public Employment Services, and Labour Policy and
Industrial Relations.
b) Entities:
Name of Entity |
Role of Entity |
Compensation Fund (CF) |
The Compensation Fund provides social
security to injured and diseased employees. |
Unemployment Insurance Fund (UIF) |
The Unemployment Insurance Fund contributes
to the alleviation of poverty in South Africa by providing short-term
unemployment insurance to all workers who qualify for unemployment related
benefits. |
Commission for Conciliation Mediation and
Arbitration (CCMA) |
The CCMA promotes social justice and
economic development in the world of work through dispute management and
dispute resolution. |
Productivity South Africa (PSA) |
The role of Productivity South Africa is to
improve the productive capacity of the economy and thus contribute to South
Africa’s socio-economic development and competitiveness. |
National Economic Development and Labour
Council (NEDLAC) |
NEDLAC is a statutory social dialogue body
that serves as a forum where social partners can come together to discuss and
develop public finance and monetary policy, labour market policy, trade and
industrial policy and development policy. |
|
|
1.2
Functions of
committee:
Parliamentary committees are mandated to:
·
Monitor the financial and non-financial
performance of government departments and their entities to ensure that
national objectives are met.
·
Process and pass legislation.
·
Facilitate public participation in Parliament
relating to issues of oversight and legislation.
1.3
Method of work of the
committee (if committee adopted a particular method of work e.g. SCOPA.)
There is no
particular method of work adopted by the Committee. The Committee meets when
necessary as per its adopted programme.
1.4
Purpose of the report
The purpose of this report is to provide an account of the Portfolio
Committee on Labour work during the 4th Parliament and to inform the
members of the new Parliament of key outstanding issues pertaining to the
oversight and legislative programme of the Department of Labour and its
entities.
This report provides an overview of the activities the Committee
undertook during the 4th Parliament, the outcome of key activities,
as well as any challenges that emerged during the period under review and
issues that should be considered for follow up during the 5th
Parliament. It summarises the key issues for follow-up and concludes with
recommendations to strengthen operational and procedural processes to enhance
the Committee’s oversight and legislative roles in future.
2.
Key statistics
The table below provides an overview of the number of meetings held,
legislation and international agreements processed and the number of oversight
trips and study tours undertaken by the committee, as well as any statutory
appointments the committee made, during the 4th Parliament:
Activity |
2009/10 |
2010/11 |
2011/12 |
2012/13 |
2013/14 |
Total |
Meetings held |
30 |
29 |
26 |
38 |
35 |
158 |
Legislation processed |
0 |
0 |
0 |
4 |
0 |
4 |
Oversight trips undertaken |
0 |
2 |
1 |
1 |
3 |
7 |
Study tours undertaken |
0 |
0 |
1 |
0 |
0 |
1 |
International agreements processed |
0 |
0 |
0 |
4 |
0 |
4 |
Statutory appointments made |
0 |
0 |
0 |
0 |
0 |
0 |
Interventions considered |
0 |
0 |
0 |
0 |
0 |
0 |
Petitions considered |
0 |
0 |
0 |
0 |
0 |
0 |
3.
Stakeholders:
The stakeholders
include organised business and organised labour.
4.
Briefings and/or
public hearings
The public hearings were
held by the Committee as part of the legislative process. The Committee was
briefed by the Department on proposed legislation and amendments before the
public hearings.
The Committee held public
hearings on labour broking to ascertain the views of the public on this
subject. This was as a result of the growing interest in the subject both
internationally and in South Africa. The purpose of the public hearings was to
look into the challenges confronting the country regarding labour brokers who
were alleged to not operate in accordance with the labour law prescripts. The
ultimate aim was to come up with recommendations on how this practice can be
regulated in South Africa.
The hearings were held as
follows:
·
In Parliament on 25-26 August 2009.
·
In Free State, North West, Gauteng and KwaZulu-Natal
on 5-8 October 2009.
·
In Eastern Cape on 28-29 November 2009.
The following
recommendations were, inter alia, made after the hearings:
·
The Department of Labour (DoL) should amend or
redraft section 198 of the Labour Relations Act as it brings confusion to the
employment relationship.
·
With reference to outsourcing and subcontracting,
the DoL should introduce legislation to address the abusive practices by
holding all parties liable for the conditions of the workers.
5.
Legislation
The following pieces of legislation were referred to the Committee and
processed during the 4th Parliament:
Year |
Name of Legislation |
Tagging |
Objectives |
Completed/Not Completed |
2009/10 |
No legislation referred |
Not applicable |
Not applicable |
Not applicable |
2010/11 |
No legislation referred |
Not applicable |
Not applicable |
Not applicable |
2011/12 |
No legislation referred |
Not applicable |
Not applicable |
Not applicable |
2012/13 |
Labour Relations Amendment Bill |
S75 |
To amend the Labour Relations Act, 1995, so as to facilitate the
granting of organisational rights to trade unions that are sufficiently
representative; to strengthen the status of picketing rules and agreements;
to amend the operation, functions and composition of the essential services
committee and to provide for minimum service determinations; to provide for
the Labour Court to order that a suitable person be appointed to administer a
trade union or employers’ organisation; to enable judges of the Labour Court
to serve as judges on the Labour Appeal Court; to further regulate enquiries
by arbitrators; to provide greater protection for workers placed in temporary
employment services; to regulate employment of fixed term contracts and
part-time employees earning below the earnings threshold determined by the
Minister; to further specify the liability for employers’ obligations; to
substitute certain definitions; and to provide for matters connected
therewith. |
The Bill was referred to the NCOP as per section 75 of the
Constitution. It was returned to the Committee for consideration of further
amendments. Completed |
|
Basic Conditions of Employment Bill |
S75 |
To amend the Basic Conditions of Employment Act, 1997, so as to
substitute certain definitions; to prohibit employers from requiring
employees to make payments to secure employment and from requiring employees
to purchase goods, services or products; to prohibit anyone from requiring or
permitting a child under the age of 15 years to work; to make it an offence
for anyone to require or permit a child to perform any work or provide any
services that place at risk the child’s well-being; to provide for the
Minister to publish a sectoral determination for employees and employers who
are not covered by any other sectoral determination; to provide for the
Director-General to apply to the Labour Court for an employer to comply with
a written undertaking by the employer; to provide for a compliance order; to
delete certain obsolete provisions; to provide the Labour Court with
exclusive jurisdiction in respect of certain matters; to provide for certain
offences and penalties; to increase the penalties for certain offences; and
to provide for matters connected therewith. |
Completed |
|
Employment Equity Amendment Bill |
S75 |
To amend the Employment Equity Act, 1998, so as to substitute or amend
certain definitions; to further regulate the prohibition of unfair
discrimination against employees; to further regulate the certification of
psychometric testing used to assess employees; to provide for the referral of
certain disputes for arbitration to the Commission for Conciliation,
Mediation and Arbitration (CCMA); to make further provision regarding the
evidentiary burden of proof in allegations of unfair discrimination; to further
regulate the preparation and implementation of employment equity plans and
submission of reports by designated employers to the Director-General; to
further regulate undertakings by designated employers to comply with requests
by labour inspectors; to further regulate the issuing of compliance orders;
to provide afresh for the assessment of compliance by designated employers
with employment equity and the failure of those employers to comply with
requests and recommendations made by the Director-General; to extend the
powers of commissioners in arbitration proceedings; to provide for that fines
payable in terms of the Act must be paid into the National Revenue Fund; to
extend the Minister’s power to issue Code of Good Practice and to delegate
certain powers; to increase and provide for the increase by the Minister of
certain fines which may be imposed under the Act; and to amend and to provide
for the amendment by the Minister of annual turnover thresholds applicable to
designated employers; and to provide for matters connected therewith. |
Completed |
|
Employment Services Bill |
S75 |
To provide for public employment services; to provide for the
establishment of schemes to promote the employment of young work seekers and
other vulnerable persons; to provide for schemes to assist employees in
distressed companies to retain employment; to facilitate the employment of
foreign nationals in a manner that is consistent with the objects of this Act
and the Immigration Act, 2002; to provide for the registration and regulation
of private employment agencies; to provide for the establishment of
Productivity South Africa; to provide for the establishment of Supported
Employment Enterprises; to provide for transitional provisions; and to
provide for matters connected therewith. |
The Bill was referred to the NCOP as per section 75 of the
Constitution. It was returned to the Committee for consideration of further
amendments. Completed |
2013/14 |
Unemployment Insurance Amendment Bill |
Not yet tagged |
To amend the Unemployment Insurance Act, 2001, so as to provide for
the extension of the unemployment insurance benefits to learners who are
undergoing learnership training, civil servants and foreign workers who are
within the country; to adjust the accrual rate of a contributor’s entitlement
to unemployment insurance benefits; to finance employment services; to extend
a contributor’s entitlement to benefits under certain circumstances; to
provide for the process of application for maternity benefits; to repeal some
enforcement provisions; to empower the Unemployment Insurance Board to
provide in its constitution for the functions of regional appeals committees;
to amend the Schedule 2 to the Unemployment Insurance Act, 2001 so as to
provide for the adjustment of the Income Replacement Rate; and to provide for
matters connected therewith. |
The Committee received an informal briefing on the Bill on 4 March
2014. |
a) Challenges emerging
The following challenges emerged during the
processing of legislation:
·
The NCOP proposed further amendments to the Labour Relations Amendment Bill and the Employment Services Bill, as a result delayed finalisation of legislation.
b) Issues for follow-up
The 5th Parliament should consider
following up on the following concerns that arose:
·
Monitoring of new entities being established.
·
New mechanisms or corrections to challenges.
·
Monitor the implementation of the new Acts.
6.
Oversight trips
undertaken
The following oversight
trips were undertaken:
Date |
Area Visited |
Objective |
Recommendations |
Responses to Recommendations |
Follow-up Issues |
Status of Report |
17-21 May 2010 |
North-West, Mpumalanga, Limpopo and Gauteng |
To assess the work of the DoL against priorities as set in the
Strategic Plan of 2010. |
·
The DoL should address the situation in KwaMhlushwa Labour Centre. ·
There should be more personnel employed in the labour centres in order
to curb long queues, which are a great concern to Government. ·
The DoL should look into the Siemens’ contract as it had come up
clearly in most centres that there was a problem with IT services. ·
The DoL should consider having more mobile centres especially in rural
areas in order to bring the services closer to the people. ·
In instances where office accommodation is a challenge, the Minister
of Labour should approach the Minister of Public Works to address and
fast-track the issue of proper offices and facilities. ·
The DoL should address those challenges that can be resolved in the
short term by the labour centres, such as the assignment of the floor manager
to guide and assist people, given that the majority of service users are
illiterate, old and disabled. In addition, the floor manager would have to
ensure that the vulnerable groups including the old, disabled people and
pregnant women are prioritised using the “express queues”. ·
The floor manager should be multi-lingual in order to accommodate all
people who use the labour centre services. |
|
|
|
18-21 Oct 2010 |
Fishing Industry and Sheltered Employment Services in the Western Cape |
|
·
The DoL should strengthen its Inspection and Enforcement Services in
order to oversee enforcement compliance of occupational health and safety
regulations within the fishing industry. ·
The DoL should ensure full compliance with regard to Employment Equity
regulations. ·
The DoL should monitor implementation of the Supported Employment
Enterprises (Sheltered Employment Factories) turnaround strategy.
Additionally, the DoL should ensure that the enterprises adhere to employment
equity regulations, as stipulated in the relevant Act. ·
The DoL should investigate the amendments to the UIF Act to cater for
seasonal workers both in the fishing and farming sectors. ·
The DoL should respond to all issues raised in this report during the
first quarter of 2011. |
|
|
|
24-27 Jan 2012 |
Western Cape Farms |
·
To assess how
labour inspectors perform their duties in the agricultural sector in order to
understand their daily challenges and to avoid making unreasonable
expectations and recommendations that are misplaced and impractical. ·
To build
cooperation amongst stakeholders. ·
To ensure that the
sector understands the benefits of proper application of the labour law (to
build pleasant workplace relations and to ensure decent living standards for
all workers). |
·
Thorough training
and skills advancement of labour inspectors. ·
The DoL should
strengthen its occupational health and safety inspections to conduct
comprehensive inspections in the farms. ·
The Department must
speed up the specialisation dispensation of the Inspection Enforcement
Services (IES), especially in the vulnerable sectors such as agriculture,
domestic, etc. ·
The Department
should focus on quality inspections, which focus on a holistic assessment of
the working environment as opposed to inspections which focus on
administrative compliance. To achieve this, the Department must explore
innovative means of using resources provided by trade unions, civil society
and organisations such as Wine Industry Ethical Trade Association (WIETA). In
doing so, the Department must cooperate with organisations such as WIETA to
strengthen its inspectorate services. ·
The Department of
Labour should urgently address the code of conduct of inspectors when
conducting inspections. ·
The Department must
furnish the Committee with a comprehensive report on follow up inspections on
the farms that were visited and those that were served with undertakings from
the inspectors. |
The Shanduka project is
underway and the objective is to identify the resources needed by the
Department to execute its mandate. |
|
|
28 Jan -01 Feb 2013 |
KwaZulu-Natal Province |
·
To ascertain challenges experienced by the provincial office in
executing its mandate. ·
To hear from the provincial office staff; staff in labour centres;
Productivity SA Durban branch; and CCMA about the kind of support they need
from the Committee. ·
To interact with clients to determine the quality of service and
treatment they receive from labour centre staff and managers. |
·
Realistic targets that take consideration of available tools of trade
e.g. green cars, subsidised vehicles, lap tops, etc., have to be set for
labour inspectors. ·
Professionalisation Project Plan for labour inspectors has to be put
in place. ·
IT services for PSA should be decentralised and the funding model for
PSA should be put in place. ·
The DoL has to liaise with the Department of Public Works to ensure
that the Park Rynie office is provided with electricity and water. ·
The military veterans need to be involved in the operations of the SEF
as was the case with the Second World War veterans. ·
The DoL should come up with a strategy for marketing the products of
SEF to government departments. The DoL has to ask PSA to assist the SEF to
boost productivity and generate revenue. ·
The DoL has to fast-track the decentralisation of COIDA services. ·
The DoL has to address the IT challenges and ensure that the IT system
that is used in KZN is aligned with the system that is used nationally. ·
The post of a cleaner should be created at the Estcourt Labour Centre. |
The Shanduka project is underway and the objective is to identify the
resources needed by the Department to execute its mandate. |
|
Adopted |
23 July 2013 |
Western Cape Province |
·
To ascertain challenges experienced by the labour centres in executing
their mandate. ·
To interact with clients to determine the quality of service and
treatment they receive from labour centres’ staff and management. |
·
The DoL’s Provincial
Office should facilitate a meeting with the Department of Public Works in
order to attend to all structural challenges related to the building that the
LC is occupying. ·
The LC and the
Provincial Office should set up a meeting with SAPS to address security
challenges as a result of access control deficiencies. ·
The DoL should
table before the Portfolio Committee a list of interventions to address
shortage of tools of trade and IT challenges of the LC. ·
The requirement for subsidised vehicles needs to be relooked to ensure
that there is a sufficient number of vehicles to execute the mandate of the
DoL. ·
The DoL has to assess the staffing of the LC to ascertain whether it is
sufficient given the increased work-load. |
The Shanduka project is underway and the objective is to identify the
resources needed by the Department to execute its mandate. |
|
Adopted |
28-31 Jan 2014 |
Eastern Cape Province |
·
To ascertain
challenges experienced by the provincial office in executing its mandate. ·
To hear from the
provincial office staff; staff in labour centres; and CCMA, about the kind of
support they need from the Portfolio Committee. ·
To interact with
clients to determine the quality of service and treatment they receive from
labour centres’ staff and managers. |
·
The DoL must
create a uniform policy to delineate its obligations in the provision of
uniforms and establish sound and standardised norms for all staff to follow. ·
Provision of permanent offices for the Mount Ayliff Regional Office,
which is reported to be occupying temporary offices since 2004. ·
Address staffing issues, especially shortage of labour inspectors. ·
Provision of tools of trade e.g. laptops, 3G cards and suitable motor
vehicles for labour inspectors. ·
Expedite the process of relocating Mthatha Labour Centre to the new
premises as allegedly agreed. ·
Fast-track the decentralisation of the COIDA processes. ·
Set realistic targets for labour inspectors taking into account both
available resources and relevant labour market challenges. ·
Lobby the government departments to utilise the Public Employment
Services of the DoL where appropriate. ·
Address structural challenges of the Fort Beaufort Labour Centre e.g.
flooding. ·
Provision of chairs with back support for clients visiting the centre. |
The DoL provided an Action Plan to address matters raised during the
oversight visit. |
|
Adopted |
04-07 Feb 2014 |
Northern Cape Province |
·
To ascertain
challenges experienced by the provincial office in executing its mandate. ·
To hear from the
provincial office staff, staff in labour centres, and CCMA, about the kind of
support they need from the Portfolio Committee. ·
To interact with
clients to determine the quality of service and treatment they receive from
labour centre staff and managers. |
·
The DoL should
ensure that labour centres are supplied with 4x4 bakkies for inspectors in
order to reach remote areas where road infrastructure is poor and not
suitable for sedan cars. ·
The DoL should
prioritise skills training for Labour Centre managers and to consider empowering
them through giving them more decision-making roles instead of constantly
awaiting provincial Chief Directors to take all decisions, including menial
ones such as ordering office stationary and issues related to cleaners for
the office. ·
The DoL must invent
strategies to address the safety of inspectors. ·
The DoL must
ensure that inspectors are continuously trained and skilled on various
legislation and regulations relevant to the sector. ·
The DoL should
expand CCMA services at labour centres for easy access of this service to
those who are greatly in need for it. |
There has not been an official response from the Ministry to the
recommendations of the Committee since the oversight was conducted in
February 2014. |
|
Adopted |
a) Challenges emerging
The following challenges emerged during the oversight
visit:
·
Challenges related to staffing of the labour centres.
·
Challenges related to the tools of trade and physical buildings.
·
Challenges related to coordination of work processes between the DoL and
the Department of Public Works.
·
Challenges related to work processes e.g. centralisation of COIDA and
Unemployment Insurance processes.
b) Issues for follow-up
The 5th Parliament should consider
following up on the following concerns that arose:
·
Ensure that the adverse physical conditions at all labour centres are
addressed.
·
Ensure that departmental officials, particularly labour inspectors, are
provided with appropriate tools of trade.
·
Address staffing issues, especially shortage of labour inspectors.
·
Ensure that the process of professionalisation of labour inspectors is
fast-tracked.
·
Ensure that the decentralisation of COIDA and Unemployment Insurance
processes are fast-tracked.
7.
Study tours
undertaken
The following study tours were undertaken:
Date |
Places Visited |
Objective |
Lessons Learned |
Status of Report |
|
|
|
|
|
18-24 Mar 2012 |
Berlin and Nuremburg in Germany |
To assess and learn more about Germany’s Active Labour Market
Programmes (ALMPs), especially the Public Employment Services. |
·
There is a need for cooperation among employers, employees and trade
unions in order to resolve labour disputes expeditiously and to avoid
unnecessary industrial action. ·
Allocation of resources should focus on continuous improvement of the
labour market system. ·
International assistance is needed to assist the DoL in addressing the
information technology systems challenges. ·
The DoL should have clear strategy in outlining what it seeks to
achieve. ·
The DoL should develop methods on how to deal with the massive number
of people that are in the informal sector. In addition, government should
ensure that people in the informal sector also benefit from some form of
social security net. ·
Compulsory and good education should be introduced in order to keep
children out of the streets and prepare them for future employment. This
calls for more investment in good education in order to enhance participation
in the labour market. |
Adopted |
a) Challenges emerging
The following challenges emerged during the study
tours:
·
While the Committee benefited from high-level interactions with various
stakeholders, it did not get sufficient time to observe labour and operational
centres where resources are allocated.
·
Lack of opportunity to observe practical application of the German Public
Employment Services System was a major weakness in the study tour.
b) Issues for follow-up
The 5th Parliament should consider
following up on the following concerns that arose:
·
In future, the Committee should allocate sufficient time for study tours
to ensure that maximum benefits are derived.
8.
International
Agreements:
The following international
agreements were processed and reported on:
Date
referred |
Name
of International Agreement |
Objective |
Status
of Report |
Date
of enforcement |
11
Dec 2012 |
Domestic Workers
Convention, 2011 (No 189) and recommendation, 2011 (No 201), tabled in terms
of section 231(2) of the Constitution, 1996. Labour Inspection
Convention 1974 (No 81), tabled in terms of section 231(2) of the
Constitution, 1996. Maritime Labour
Convention 2006, tabled in terms of section 231(2) of the Constitution, 1996. Work in the Fishing
Sector Convention 2007 (No 188), tabled in terms of section 231(2) of the
Constitution, 1996. |
To ensure the effective
promotion of the human rights of all domestic workers, as set out in this
Convention. To ensure, inter alia,
that the enforcement of the legal provisions relating to conditions of work
and the protection of workers while engaged in their work, such as provisions
relating to hours, wages, safety, health and welfare, the employment of
children and young persons, and other connected matters, in so far as such
provisions are enforceable by labour inspectors, are secured. To create a single,
coherent instrument embodying as far as possible all up-to-date standards of existing
international maritime labour Conventions and Recommendations, as well as the
fundamental principles to be found in other international labour Conventions. To ensure that fishers
have decent conditions of work on board fishing vessels with regard to
minimum requirements for work on board; conditions of service; accommodation
and food; occupational safety and health protection; medical care and social
security. |
Ratified 20 June 2013 Ratified 20 June 2013 Ratified 20 June 2013 Ratified 20 June 2013 |
Not in force Not in force 20 June 2014 Not in force |
a) Challenges emerging
The following challenges emerged during the
processing of international agreements:
·
There were no challenges during processing of international agreements.
b) Issues for follow-up
The 5th Parliament should consider
following up on the following concerns that arose:
·
The 5th Parliament has to follow-up on work initiated on 2
August 2011, where it met with the Department of Labour, civil society and
organised labour on the implementation of the Convention on Domestic Workers.
The future Committee work should involve follow-up meetings to investigate and
monitor progress on implementation of this Convention, as South Africa has
ratified it.
·
Follow-up oversight to the one conducted on 18 to 22 October 2009 in the
fishing sector should be considered by the Committee, as South Africa ratified
the Maritime Labour Convention and Work in the Fishing Sector Convention.
9.
Statutory
appointments
Not applicable.
Date |
Type of appointment |
Period of appointment |
Status of Report |
|
|
|
|
a) Challenges emerging
The following challenges emerged during the statutory
appointments:
·
Not applicable
b) Issues for follow-up
The 5th Parliament should consider
following up on the following concerns that arose:
·
Not Applicable.
10.
Interventions
Not applicable.
Title |
Date referred |
Current status |
|
|
|
c) Challenges emerging
The following challenges were experienced
during the processing of interventions:
·
Not applicable
d) Issues for follow-up
The 5th Parliament should consider
following up on the following concerns that arose:
·
Not applicable
11.
Petitions
A group of
ex-mineworkers and their relatives camped outside Parliament premises with a
list of demands relating to unemployment benefits.
Title |
Date referred |
Current status |
Interdepartmental Task Team on ex-mineworkers |
Meeting held on 9-10 May 2010 |
It is not clear if all identified rightful claimants were paid monies
due to them. |
e) Challenges emerging
The group that started the petition in 2007
had split into two and only one group attended the meeting with the Task Team.
f) Issues for follow-up
The 5th Parliament should consider
following up on the following concerns that arose:
·
Ascertaining whether all rightful claimants were paid.
12.
Obligations conferred
on committee by legislation:
The Money Bills
Procedures and Related Matters Act (No. 9 of 2009), sets out the process that
allows Parliament to make recommendations to the Minister of Finance to amend
the budget of a national department. In October of each year, the Committee
compiles a Budget Review and Recommendation Report (BRRR) that assesses service
delivery performances given available resources; evaluates the effective and
efficient use and forward allocation of resources; and makes recommendations
for consideration by the Minister of Labour and the Minister of Finance.
In preparation for
the BRRR process, the Committee considers, among others: The Annual Report of
the Department of Labour and entities reporting to the Department. The
Committee also conducts a meeting with the Auditor-General regarding the audit
outcomes of the Department and its entities at the end of each financial year,
considers quarterly reports of the Department, section 32 reports of the
National Expenditure for the first quarter as published by National Treasury,
the Strategic and Annual Performance Plan of the Department at the beginning of
a financial year and other relevant sources of information.
13.
Summary of outstanding
issues relating to the department/entities that the committee has been
grappling with
The following key issues are outstanding from the committee’s activities
during the 4th Parliament:
Responsibility |
Issue(s) |
Department of Labour |
Provision of ICT services to the Department. |
Compensation Fund |
The Fund received a disclaimer of audit
opinion in 2012/13. What has the Fund done to address issues raised by the
Audit General in the 2012/13 Annual Report? |
Compensation Fund |
Amendment of the Compensation for
Occupational Injuries and Diseases Act (COIDA). |
Compensation Fund |
Challenges and Turnaround initiatives. |
Unemployment Insurance Fund |
Amendment of the Unemployment Insurance Act. |
14.
Recommendations
(Include possible
recommendations to resolve operational and/or procedural concerns encountered
during the 4th Parliament)
·
The Department of
Labour should brief the Portfolio Committee on Labour on its Information,
Communication and Technology (ICT) strategy and progress with implementation of
the strategy.
·
The Department should
brief the Committee on progress with the Shanduka project, which aims to
identify the resource needs of the Department.
·
The Department should
brief the Committee on progress with recommendations of the Committee on its
oversight reports, e.g.:
o
Professionalisation
Project Plan for labour inspectors should be put in place.
o
Facilitate the
decentralisation of COIDA services.
o
IT services for
Productivity SA should be decentralised and the funding model should be put in
place.
o
Involvement of military
veterans in the operations of the Supported Employment Enterprises (formerly
Sheltered Employment Factories) as was the case with the Second World War
veterans.
·
The Department and
the Compensation Fund should brief the Committee on progress regarding the
turn-around initiatives of the Compensation Fund.
15.
Committee
strategic plan
Based on concerns
raised by the Department and stakeholders, the Portfolio Committee on labour
recommended the following:
·
Trade unions and
employers should engage as to what needed to be done to address youth
unemployment.
·
The DoL should be
made more visible in areas that were prone to non-compliance and violations of
labour rights particularly in rural areas.
·
The Committee will
proactively coordinate joint oversight visits and meetings with the following
Committees:
o
The Portfolio
Committee on Agriculture, Fisheries and Transport to discuss challenges of sea
fearers and to speed up policy development and legislation amendments that will
deal with the sector’s working conditions.
o
The Portfolio
Committee on Rural Development, Human Settlement and Home Affairs to discuss
challenges of farm workers and migrant workers in the agricultural sector.
·
Schedule a meeting
with the DoL, the Unemployment Insurance Fund (UIF) and the Commission for
Conciliation, Mediation and Arbitration (CCMA) and the Department of Higher
Education and Training on the Training Lay-Off Scheme (TLS) implementation
progress and to assess the quality of training that this scheme is funding.
·
Schedule a meeting
with the DoL and Social Development on the social security system reforms,
before amendments to the Unemployment insurance Bill are tabled before
Parliament.
·
Prioritise a
meeting with the DoL and oversight in other vulnerable sector and industries
that were raised by stakeholders such as taxi drivers, waiters/waitresses,
petrol attendants, franchise industry, freight services workers, and to
consider work conditions of community care givers.
·
Schedule a meeting
with the DoL and Economic Development on the challenges relating to the
informal sector.