Questions and Replies

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24 June 2022 - NW2309

Profile picture: Luthuli, Mr BN

Luthuli, Mr BN to ask the Minister of Employment and Labour

(1)Whether his department has a record of any cases of non-compliance with basic conditions of employment and other labour practices by bus operators; if not, what is the position in this regard; if so, what (a) is the total number of such cases and (b) are the circumstances surrounding each case; whether his department works closely with the SA Road Passenger Bargaining Council (SARPBC), the enforcement agency for non-compliance with labour laws in the bus sector; if not, why not; if so, what (a) cases have been addressed by the SARPBC in the past year and (b) resolutions were reached in each case?

Reply:

(1) The Department has no jurisdiction in the sector due to the fact that there is a Bargaining Council in place.

(2) The Department collaborates with Bargaining Councils on a needs basis. There has not been any meeting between the SARPBC.

24 June 2022 - NW2320

Profile picture: Motsepe, Ms CCS

Motsepe, Ms CCS to ask the Minister of Employment and Labour

Whether his department has undertaken a study to ascertain if there are still retailers who pay their workers less than R3 500 per month; if not, what is the position in this regard; if so, (a) how widespread is the exploitative practice and (b) what are the names of the retailers?

Reply:

I think it’s important to explain firstly that the legislated national minimum wage (NMW) is not R3500 per month but R23.19 per hour payable for the numbers of ordinary hours worked.

The NMW Act requires the NMW Commission to review the NMW annually and to make recommendations to me on any adjustment of the NMW. In undertaking this function, the Commission is expected to annually undertake a research in order to gain insights on changes to working hours, employment, wages and non-compliance as a result of changes in the NMW.

The latest quantitative research shows that the average level of NMW non-compliance in 2020Q1, before the NMW was adjusted, was 35.8, meaning that approximately 36% of all workers were paid below the NMW. A year later, in 2021Q1, this number remained much the same, at 36.2. In 2020, the NMW was adjusted by 3.8%, and wages appeared to have risen by roughly this amount for those who remained employed in 2021Q1, meaning that the overall rate of non-compliance remained stable. However, the researchers found that the depth of violation did fall over the period, suggesting that for those workers earning below the NMW, wages increased in real terms, but not all the way up to the NMW.

The research report further shows that across industry categories there was a substantial variation in rates of NMW violation. Agriculture had the largest proportion of sub-NMW earners, and this appears to have increased over the period. Construction, Wholesale and Retail Trade, and Domestic Work, all had rates of violation close to 45%, and these remained relatively unchanged. Levels of violation appeared to have also risen in Finance, and Transport.

It is important to indicate however that the quantitative research looks at changes to working hours, employment, wages and non-compliance as a result of changes in the NMW across different sectors and not on individual companies.

END

03 June 2022 - NW2131

Profile picture: Cardo, Dr MJ

Cardo, Dr MJ to ask the Minister of Employment and Labour

Since his appointment as Minister of Employment and Labour in 2019, (a) what total number of international trips has (i) he and (ii) the staff members employed in his office undertaken in an official capacity, (b) for what purpose was each trip and (c) what was the cost to the taxpayer regarding each specified trip?

Reply:

South Africa’s foreign policy promotes human rights and a broad developmental agenda both in the continent and the world. As the political head of the Department of Employment and Labour, the Minister leads the country’s domestic priorities in the global labour agenda (i.e. promoting rights at work, encouraging decent employment opportunities, enhancing social protection and strengthening dialogue) linking these to own priorities such as sustainable economic growth, employment, social justice and ultimately equality for all.

In line with the objectives set above and since his appointment in 2019, the Minister and support staff from his office have undertaken 7 international visit to the following destinations:

 

Botswana: ARLAC Ministerial meeting (February 2022);

Cost:

Accommodation& Flights: R 26890.26

Daily allowances: R6000

Brazil: Attending BRICS Ministerial meeting (September 2019);

Cost:

Accommodation & Flights: R 403923.79

Daily allowances: R6 633, 64

Cuba: Consolidation of Bilateral relations as per the signed MoU (November 2019);

Cost:

Accommodation & Flights: R 205651.86

Daily allowances: R14 759, 73

France: Attending the Global Deal Conference of which South Africa is a member (February 2020);

Cost:

Accommodation & Flights: R 277429.79

Daily allowances: R9694, 60

Geneva: Attending the International Labour Conference (June 2019) and Governing Body (November 2019)

Cost:

Accommodation & Flights: R 252779.79

Daily allowances: R 31000

Ivory Coast: ILO Africa Regional Meeting and part of Presidential visit and signed an MoU (December 2021)

Cost:

Accommodation & Flights: R 374608.85

Daily allowances: R10536,47

Ivory Coast: ILO Africa Regional Meeting (December 2019) and part of Presidential visit and signed and MoU.

Cost:

Accommodation & Flights: R 152105.79

Daily allowances: R10089, 73

03 June 2022 - NW2132

Profile picture: Cardo, Dr MJ

Cardo, Dr MJ to ask the Minister of Employment and Labour

What (a) are the reasons that the Government withdrew its nomination of Professor Mthunzi Mdwaba for the position of Director-General of the International Labour Organisation and (b) role did he play in this regard?

Reply:

The decision for the support and or withdrawal of the candidacy of Professor Mthunzi Mdwaba for the position of the International Labour Organisation Director-General was a Cabinet matter.

END

03 June 2022 - NW2031

Profile picture: Nolutshungu, Ms N

Nolutshungu, Ms N to ask the Minister of Employment and Labour

Whether he has developed a strategy to respond to the technological developments in the transport system such as e-hailing, to ensure that those working in the industry have their rights protected as workers; if not, what is the position in this regard; if so, what are the relevant details?

Reply:

In dealing with the digital economy, the Honourable member will know that the President has established a commission. Amongst the others, the Commission is to assist the government in taking advantage of the opportunities presented by the digital economy. The work of the Commission will be tabled at NEDLAC for further discussion on how to come up with policies that will respond to the changes in the labour market.

Over and above this, NEDLAC social partners are hard at work in dealing with how to regulate the e-hailing industry. The first question that must be answered is whether uber workers are employees and if they are employees, what conditions of employment are suitable to their sector as way of introducing a sectoral determination.

Albeit the above, kindly note that the national minimum wage covers all workers, already uber drivers earn above the national minimum wage.

END

03 June 2022 - NW2133

Profile picture: Cardo, Dr MJ

Cardo, Dr MJ to ask the Minister of Employment and Labour

What amount in Rand has the Unemployment Insurance Fund (a) received in total, in terms of employer and/or employee contributions and (b) paid out in total, in terms of all benefits offered in each month from April 2020 until the end of April 2022?

Reply:

The table below shows comparison between the amounts collected as contributions versus benefit payments including COVID-19TERS and Workers Affected By Unrest (WABU) from 1 April 2020 to 30 April 2022. Collected contributions for the period in question were about R 42 614 054 783.39 and payments made amounted to R98 227 419 458.80. The payments made were augmented by UIF’s investment income.

MONTH AND YEAR

CONTRIBUTIONS COLLECTED

BENEFITS PAID OUT

April 2020

R 1 489 744 791.06

R 5 595 676 052.28

May 2020

R 1 375 298 505.07

R13 172 928 723.51

June 2020

R 1 335 564 830.96

R13 068 700 225.51

July 2020

R 1 496 909 778.13

R9 415 898 814.82

August 2020

R 1 585751 566.86

R5 667 762 970.91

September 2020

R 1 611 552 998.33

R7 908 312 370.75

October 2020

R 1 568 512 532.29

R5 980 930 862.56

November 2020

R 1 622 687 992.99

R4 456 953 942.35

December 2020

R 1 763 727 010.25

R3 927 167 367.31

January 2021

R 1 661 367 602.89

R2 899 403 916.45

February 2021

R 1 636 027 114.57

R2 310 584 770.16

March 2021

R 1 723 779 766.38

R404 273 999.73

April 2021

R 1 592 978 941.54

R2 323 066 342.86

May 2021

R 1 640 087 379.41

R2 514 408 103.46

June 2021

R 1 721 034 856.93

R2 355 909 336,52

July 2021

R 1 840 499 770.09

R1 983 650 328.24

August 2021

R 1 780 033 476.48

R2 153 009 834.92

September 2021

R 1 834 927 690.29

R1 744 262 146.86

October 2021

R 1 834 616 317.72

R1 872 803 420.63

November 2021

R 1 833 004 513.85

R2 061 444 524.61

December 2021

R 2 023 204 166.34

R1 040 830 165.00

January 2022

R 1 874 300 044.96

R1 387 392 619.75

February 2022

R 1 860 885 762.66

R1 348 257 031.23

March 2022

R 2 058 845 885.37

R1 179 149 173.01

April 2022

R 1 848 711 487.97

R1 454 642 416.20

Total

R 42 614 054 783.39

R98 227 419 458.80

03 June 2022 - NW2020

Profile picture: Mkhonto, Ms C N

Mkhonto, Ms C N to ask the Minister of Employment and Labour

(a) What are the reasons that it has taken so long to resolve the matter of the more than 395 workers of the Mbhaba Estate, who were unfairly dismissed by their employer in 2015 when they demanded wage increases, (b)(i) who is responsible for the specified case and (ii) why have the workers been left in limbo and (c) on what date will he release a report as promised to the workers by the President of the Republic, Mr M C Ramaphosa, in 2017?

Reply:

The CCMA has reviewed progress on the case file and reports as follows:

  1. FAWU obo Mahlalela & Others v Umbhaba Estates (Pty) Ltd initially relating to an Organizational Rights dispute under case MP6595-14 which, led to a strike following which employees were dismissed for misconduct.
  2. The dismissal dispute was referred to the CCMA under case number MP10027 – 15 for dismissal of employees for participating in a strike. The dismissal was not related to wages as per the EFF parliamentary question but emanates from the dispute about Organizational Rights.

Chronology of Events

  1. The matter commenced 03 September 2014 when FAWU referred an organizational rights dispute to CCMA against Umbhaba. The matter was conciliated on 23 September 2014.
  2. The matter remained unresolved and a certificate of non-resolution was issued.
  3. FAWU opted for a strike route.
  4. The strike was long and protracted,in between there was intimidation and later employer dismissed the employees.
  5. After the dismissal, the union referred an unfair dismissal dispute to CCMA under case MP10027-15 on 18 November 2015.
  6. On 03 December 2015, a jurisdictional challenge was lodged.
  7. On 30 June 2015, the Respondent forwarded a withdrawal notice of review under Labour Court case number JR640/2016.
  8. On 01 July 2016, the parties were directed to hold a pre-arbitration conference scheduled for 25 July 2016.
  9. On 03 July 2017, the Applicant attorney forwarded a notice of attorney of record withdrawal.
  10. On 04 October 2018, the Respondent attorney sought a postponement of the arbitration which was opposed by the Applicant.
  11. On 12 April 2019, the Respondent attorney forwarded a notice of attorney of record withdrawal.
  12. On 28 October 2019, the dispute was postponed without a date and the file closed on account of the intention of the Respondent to file a review application at the Labour Court.
  13. The CCMA received the review application on 18 November 2019.
  14. To date, the matter remains before the Labour Court.

03 June 2022 - NW2019

Profile picture: Mokgotho, Ms SM

Mokgotho, Ms SM to ask the Minister of Employment and Labour

What steps of intervention will be taken to ensure that workers at the (a) Vlakfontein mine and (b) Matutu mine in the Moses Kotane Local Municipality are registered for the Unemployment Insurance Fund?

Reply:

Thank Hon. Member by this question. The matter you have raised shall be attended to. Employer Audit Services under the Inspection and Enforcement Services in the North West Province will visit the two mines and ensure that all employees are registered for UIF and contributed for.

20 May 2022 - NW1830

Profile picture: Mkhonto, Ms C N

Mkhonto, Ms C N to ask the Minister of Employment and Labour

In light of the recent floods that destroyed infrastructure in the province of KwaZulu-Natal, what (a) number of workers have been affected due to (i) them not being able to go to work and/or (ii) their work place infrastructure being destroyed and (b) intervention measures will he put in place to avoid permanent job losses?

Reply:

The number of workers that have been affected by the floods is still being established. Once lodging of claims gets to its logical conclusion, certain things will become clearer, including the stats that Hon. Member is looking for.

Currently, the Unemployment Insurance Fund is engaged in discussions with a number of stakeholders (including NEDLAC) in terms of how best to respond to the disaster in KwaZulu Natal and the ripple effect (of the floods) downstream.

The Provincial Offices of the Department of Employment and Labour in Gauteng, Eastern Cape and KwaZulu Natal have been tasked with handling the claims related to recent floods in those provinces.

These claims have been given priority by the provinces. Affected employees are able to claim for Reduced Work Time and the unemployment benefit claim in line with the Unemployment Insurance Act and the Unemployment Insurance Contributions Act. Employers are also able to apply for the Reduced Work Time and the unemployment benefit claims directly with the provincial offices on behalf of their employees.

Unemployment Insurance Fund through its Labour Activation Programme has (the normal) Temporary Employer/Employee Relief Scheme which provides support to distressed companies that seek to retain their employees. Under the scheme, the UIF funds 75% of an employee’s basic salary up to a maximum amount of R17 119,44 per month, for a maximum period of twelve months. Eligible companies affected by the flood can apply for this relief scheme through the CCMA.

Furthermore, the UIF also has another Labour Activation Programme called the Business Turnaround and Recovery Programme which provides support to enterprises facing economic distress and initiatives aimed at preventing job losses. Eligible companies affected by the flood can apply for this support scheme through Productivity South Africa.

20 May 2022 - NW1797

Profile picture: Ceza, Mr K

Ceza, Mr K to ask the Minister of Employment and Labour

Whether his department has put measures in place to protect vulnerable farm workers in Ward 02 Blinkwater in the Emakhazeni Local Municipality and Ward 05 SIS Farming Group areas in the Steve Tshwete Local Municipality; if not, why not, in each case; if so, what are the relevant details in each case?

Reply:

  • Inspections were conducted on employers mentioned above Blinkwater and SIS Farming group on the 18 August 2021 and 26 April 2022 respectively.
  • Inspections were conducted on Basic Condition of Employment Act guided by Standard Operating Procedure of the Department of Employment and Labour
  • Employers will again be inspected after 12 months to monitor compliance, as guided by Standard Operating Procedure of the Department of Employment and Labour
  • However re-active inspection can be conducted on request

13 May 2022 - NW1719

Profile picture: Mkhonto, Ms C N

Mkhonto, Ms C N to ask the Minister of Employment and Labour

With reference to his reply to question 1066 on 1 April 2022, what (a) number of the 166 vacant positions of labour inspectors has been vacant for more than 4 months and (b) are the reasons that the positions have been vacant?

Reply:

a) 76 posts of the 166 posts have been vacant for more than 4 months.

b) The afore said 76 vacancies above 4 months are due to the following reasons:

(a) Grievances: candidates participating have the right to invoke grievance procedures for investigation if they are not satisfied with any element in the process of the recruitment, selection and appointment.

(b) Withdrawal of shortlisted candidate: this often leads to a prolonged time of recruitment and affects the DEL’s ability to complete the recruitment process on time.

(c) Re-advertisement: this would be done in instances where the interview process failed to obtain suitable candidate. In addition, there could have been failure to obtain suitable candidates during the shortlisting phase

(d) Inadequate HR capacity: IES depends on HRM to support the Branch with regards to Selection and Recruitment processes.

13 May 2022 - NW1720

Profile picture: Mkhonto, Ms C N

Mkhonto, Ms C N to ask the Minister of Employment and Labour

What number of employees in the logistics industry are registered with the (a) Unemployment Insurance Fund and (b) Compensation Fund?

Reply:

\a) In terms of the categories in the UIF Database, there is no specific category for logistics industry. The Logistics industry appear under various sectors within the Database and the exact number cannot be identified which might result in inaccurate information, hence the number of employees under logistic cannot be provided.

b) The Compensation Fund registers employers and not employees; and respectively receives claims for employees as registered and submitted by their employers. With regards to the respective industry; there are 61 103 employers registered with the Compensation Fund within the sub-class category for the logistics industry.

13 May 2022 - NW1715

Profile picture: Mkhonto, Ms C N

Mkhonto, Ms C N to ask the Minister of Employment and Labour

Whether he has taken any steps with regard to the issue of the Supported Employment Enterprises (SEE) in Port Elizabeth and East London, that are in dire financial constraints due to lack of support from his department and the other spheres of government; if not, why not; if so, (a)(i) on what date and (ii) how will his department intervene as people with disabilities are the target group of the SEEs and (b) how does his department intend to (i) sustain the SEEs and (ii) increase employment opportunities for persons with disabilities?

Reply:

Both Gqeberha and East London factories are part of Supported Employment Enterprise’s network of 13 factories located across 8 of the 9 provinces of the country. All these factories receive a proportional share of the budget from the annual transfer of R160 from National Treasury via the Department of Employment and Labour Program 3, Public Employment Services and is also expected to generate revenue through manufacturing and sale of goods and services within its portfolio of textile, wood and steel.

1(a)(i) The steps taken to improve the financial positions of these entities include the following:

  • During the financial year 2021/22, we embarked on a rigorous campaign within government to persuade Treasury to reconsider current procurement regulations that require the entity to compete for government contracts just like most businesses in the open labour market that have the flexibility to source other cheaper international inputs, whilst SEE entities are restricted to follow normal supply chain regulations and processes. We look forward to the introduction of the New Preferential Procurement regulations that are going to protect SEE and other similar organisations, Youth, Women, SMMEs and other Vulnerable Groups suppliers.
  • We have applied to the National Treasury to grant exemptions in procurement of bulk materials and conclusion of supply of materials for three year contracts and these were granted to protect them from fluctuating raw material prices.
  • We have submitted budget bids to Treasury to increase the SEE allocation to fund the maintenance of its decaying infrastructure without success and we hope that with the improvement in the country’s economic conditions, the Treasury will assist us to renovate these factories.

(ii) We have taken a conscious decision to encourage all our Labour centres and entities that form part of the Department of Employment and Labour to procure their furniture and textile needs from SEEs

  • We have approached Treasury over the years to grant approval for veriment of under expenditure to SEE to bail them out in improving staff and factory worker’s salaries and other conditions of employment, their Information Technology and Communication systems and financial management.
  • We have seconded staff where vacancies arose in key strategic positions to maintain their operations

(b)(i) As part of our strategy to sustain SEEs,

- we have encouraged staff to diversify production and produce goods that are directed at members of the public as a new market.

- The Director General approved the New SEE marketing strategy that include targeted approaches to Provincial, District and local municipalities.

- We have proposed SEE governance and administration changes in the current Employment Services Amendment Bill that is undergoing public consultation process.

(ii) It is our view that if all the above measures are supported and successfully implemented, they will assist us to increase the intake of more people with disabilities from 1350 to over 4000 as these factories have the necessary capacity to accommodate additional numbers. We will also reconsider our expansion plans to open another factory in Mpumalanga and our footprint elsewhere where there is an uptake of their goods and services.

We will also use the provisions of the Employment Equity to persuade companies to recruit some of the SEE employees into formal establishment as part of their integration into the formal economy and to generally improve their standard of living.

Since SEE operates under the auspices of the Department of Employment and Labour, the Department is leading the efforts to encourage other Departments to use government’s purchasing power to execute employment equity, which stipulates that at least 2% of the total workforce must be from the designated group of persons with disabilities, as for SEE this kind of support becomes indispensable as the entity employs 100% persons with disabilities in all their factory operations.

06 May 2022 - NW1361

Profile picture: Yako, Ms Y

Yako, Ms Y to ask the Minister of Employment and Labour

Whether his department has done any assessment of the short- to medium-term impacts of the high rate of unemployment in the Republic; if not, why not; if so, (a) what are the likely impacts and (b) how do such impacts threaten stability in the Republic?

Reply:

The Department is of the view that the devastating impact of unemployment on any society has been well documented in available literature across the world, hence governments all over the world, continuously attempt to introduce policies that are pro-employment and measures to protect workers from potential abuse. All the labour laws that we have in the country, employment promotion strategies and policies, social security measures, support measures to students and the unemployed, housing, water, electricity, health, sanitation supply etc, are all measures that the government of the Republic of South Africa continue to implement to improve the living conditions of our citizens and to prevent instability in the country.

06 May 2022 - NW1021

Profile picture: Ngcobo, Mr SL

Ngcobo, Mr SL to ask the Minister of Employment and Labour

(1)Whether there are any government departments that are still making use of the services of employment agencies; if not, what is the position in this regard; if so, what are the details of the nature of the (a) relationship between the specified government departments and the employment agencies and (b) employment conditions of workers employed through employment agencies; (2) whether any government departments absorbed any employees from employment agencies; if not, what is the position in this regard; if so, what are the relevant details?

Reply:

1. The Department of Employment and Labour is not privy to information relating to the usage of Private Employment Agencies (PEAs) and Temporary Employment Services (TES) for recruitment purposes by other government departments.

The position of the Department with regard to the PEAs and TES is as follows: DEL registers Private Employment Agencies and Temporary Employment Services organisations in terms of section 13 (4) of the Employment Services Act, No. 4 of 2014 and also regulates their functioning.

Currently, as part of the transitional process, the PEAs are regulated in terms of section 24 of the Skills Development Act, No. 97 of 1998 as amended and Regulation 608 of June 2000. The New Regulations for PEAs and TES in term of the Employment Services Act are currently with the State Law advisors for final certification before the Minister can publish them in the Government Gazette.

The rest of the questions (1) (a), (b) and (2) are therefore not applicable

06 May 2022 - NW846

Profile picture: Bodlani, Ms T

Bodlani, Ms T to ask the Minister of Employment and Labour

What total amount in Rand has been spent on (a) catering, (b) entertainment and (c) accommodation for (i) him, (ii) the Deputy Minister and (iii) officials of his department since 29 May 2019?

Reply:

Period: 29 May 2019 to 31 May 2019

Category

Minister

Deputy Minister

Department

Catering

R-

R-

R151 523 61

Entertainment

R-

R-

R1 487 61

Accommodation

R-

R-

R841 845 07

TOTAL

R-

R-

R994 856 29

Period: 1 June 2019 to 31 March 2020

Category

Minister

Deputy Minister

Department

Catering

R-

R-

R6 594 805 62

Entertainment

R50 757 11

R8 259 05

R98 278 10

Accommodation

R-

R0

R41 972 768 95

TOTAL

R50 757 11

R8 259 05

R48 665 846. 67

Period: 1 April 2020 to 31 March 2021

Category

Minister

Deputy Minister

Department

Catering

R-

R-

R1 087 776 99

Entertainment

R28 431 70

R2 736 25

R46 798 98

Accommodation

R-

R-

R15 580 929 05

Total

R28 431 70

R2 736 25

R16 675 505 05

Period: 1 April 2021 to 15 March 2022

Category

Minister

Deputy Minister

Department

Catering

R-

R-

R2 639 747 61

Entertainment

R15 653 60

R772 60

R57 559 00

Accommodation

R-

R-

R38 122 160 47

Total

R15 653 60

R772 60

R40 819 467 08

     

 

       

06 May 2022 - NW1576

Profile picture: Marais, Mr EJ

Marais, Mr EJ to ask the Minister of Employment and Labour

Whether (a) his department and/or (b) entities reporting to him concluded any commercial contracts with (i) the government of the Russian Federation and/or (ii) any other entity based in the Russian Federation since 1 April 2017; if not, what is the position in this regard; if so, for each commercial contract, what are the (aa) relevant details, (bb) values, (cc) time frames, (dd) goods contracted and (ee) reasons that the goods could not be contracted in the Republic?

Reply:

The Department of Employment and Labour and its entities found no information connected to the question 1576 of Hon. Marais.

06 May 2022 - NW1546

Profile picture: Mkhonto, Ms C N

Mkhonto, Ms C N to ask the Minister of Employment and Labour

What measures has his department put in place to eradicate the long queues in the East London centre of his department?

Reply:

  • Queue marshals have been appointed to manage the queues – they identify the most vulnerable like elderly, ill, pregnant and breastfeeding mothers to ensure they get assisted first.
  • Queue marshals separate queues per speciality i.e.
  • UIF has been allocated three queues; first is for new applications and clients who want to register as work seekers on ESSA, second is for enquiries (clients who have applied but the application is not yet finalised) and the third line is for clients coming to sign (clients who are already getting UIF benefits but must report every month to indicate if they are still unemployed as per Unemployment Insurance Act prescripts), another queue is for those who are coming to lodge a labour complaint against their employer and those who are coming to register/enquire an injury/disease on duty.
  • Manual applications are taken when the system is offline or when the system is slow. In addition to this, UIF clients who are coming to sign (clients already getting UIF benefits) get listed on a register which gets attended to by the processing office staff to process the UIF payment.
  • Encourage online applications and telephonic enquiries where clients have means.
  • In cases of Reduced Work Time (RWT), retrenchments and closure of companies a team is sent to the premises of the employer for collection of documents for new applications and this has assisted to reduce the number of clients coming through to lodge UIF claims in our labour centre.

06 May 2022 - NW1496

Profile picture: Mathulelwa, Ms B

Mathulelwa, Ms B to ask the Minister of Employment and Labour

Which methods of intervention has his department implemented to assist farm workers in Ward 1 in the Umzwabantu Local Municipality, who were retrenched without any documentation, thus rendering them unable to claim their Unemployment Insurance Fund and/or Relief of Social Distress Grant?

Reply:

Late in 2020 or early 2021, the Manager for Kokstad Labour Centre received a call from former speaker of Umuziwabantu Local Municipality, Cllr Mzwandile Nyathi requesting the intervention of the Labour Centre) on a complaint of workers who were retrenched by their employer, Dropper Pride without proper adherence to UIF prerequisites.

The Dropper Pride’s owner’s name was Calum and the company was specialising on a forestry sector. He indicated that he had decided to close the company due to financial difficulties and ultimately retrenched the workers.

Guidance was given to him regarding the required documentation to enable his workers to apply for UIF. Consequently, Honourable speaker, Cllr Nyati e-mailed the UI-19 forms with relevant supporting documents of the retrenched workers. Further arrangements were made for workers to deposit their UIF applications in the box next to entrance door of the office as the satellite office within the premises of Department of Home Affairs, in ward 1 of Umuziwabantu Local Municipality was closed due to Covid-19 regulations.

Another alternative given was the official fetching the forms from the clients in the premises of the satellite office

All these options enabled the clients to submit their UIF applications and eventually the clients were helped and received their UIF monies.

The intervention of Kokstad Labour Centre was after the retrenchment has already completed by the Dropper Pride.

Secondly, the Social Distress Grant is a form of relief scheme that administered entirely by South African Social Security Agency (SASSA), in which each beneficiary receives R350.00 if his / her application is successful.

The Department has an MoU with SASSA in which the clients’ database of DEL is shared with SASSA for enabling the effective operations for the grant. The database enables SASSA to see the status of a client in relation to employment / unemployment.

If SASSA system says the client still has UIF money in DEL, the client after he / she has verified with DEL can write a letter or affidavit that disputes that to SASSA in which the latter will process the client’s application for a grant.

In essence, the Social Distress Grant complaints and queries are not supposed to be taken to DEL but to SASSA with appeals if need be.

06 May 2022 - NW1411

Profile picture: Mkhonto, Ms C N

Mkhonto, Ms C N to ask the Minister of Employment and Labour

What are the details of the progress that he has made with regard to the directive made by the Standing Committee on Public Accounts that the (a) Director-General and (b) Chief Financial Officer must present in writing the reasons that they should be kept in government employment after obtaining adverse and disclaimers from the Auditor-General for 10 years?

Reply:

On the 16 February 2022, Compensation Fund appeared before Standing Committee on Public Accounts (SCOPA). Compensation Fund attracted the attention of SCOPA because of poor audit outcomes. Some Hon. Members from the Portfolio Committee on Employment and Labour attended that SCOPA hearing.

A lot of things were said in that hearing, but the issue of Director General and Chief Financial Officer writing to SCOPA and stipulating reasons why they should be kept in government employment never arose. The Hon. Member may have taken her notes inaccurately in this particular regard. What came close to what the Hon. Member is asking, is that SCOPA requested the Minister to submit performance assessments of the Director General and those of the two Commissioners to SCOPA and that was done.

06 May 2022 - NW1410

Profile picture: Mkhonto, Ms C N

Mkhonto, Ms C N to ask the Minister of Employment and Labour

Whether the jobs that were created according to the report of the Compensation Fund are recorded with Statistics South Africa; if not, what is the position in this regard; if so, how is this report reconciled with a report of Statistics South Africa of an increase in the unemployment rate?

Reply:

Employers register their employees with the Department of Employment and Labour through declarations to the Unemployment Insurance Fund. This information is shared with the Statistics SA as one of the data sources used by Statistics SA. More information on how StatisticsSA collate their data can be obtained directly from them.

06 May 2022 - NW1409

Profile picture: Mkhonto, Ms C N

Mkhonto, Ms C N to ask the Minister of Employment and Labour

Whether the newly integrated management system in his department will be able to identify repeat employees who were deliberately registered by their employers in order to claim high amounts of the Temporary Employee/Employer Relief Scheme; if not, what is the position in this regard; if so, what are the relevant details?

Reply:

The Integrated Management System in the Department will be able to detect duplicate claims of the same ID Number submitted by the employer for the COVID 19 TERS Benefit. The employee salaries are verified with the internal UIF System which stores the monthly declarations of the employees’ salaries submitted by the employer. The verification of salaries is detecting inflated salaries of employees submitted by the employer on the COVID 19 TERS application.

It is important to note that the current system is able to detect duplicate ID and duplicate payments.

06 May 2022 - NW1372

Profile picture: Chabangu, Mr M

Chabangu, Mr M to ask the Minister of Employment and Labour

(a) What immediate steps has his department taken with regard to the rising unemployment rate amongst the youth, (b) which strategy is in place and (c) by what date will we start seeing the unemployment numbers decreasing?

Reply:

1(a) Rising unemployment interventions

Hon. Chabangu, let us start by understanding the nature of unemployment in South Africa, even if briefly. Unemployment in South Africa is deep-seated. Unemployment in South Africa is structural. Unemployment in South Africa is systemic. It is further hard hitting to some racial groups and sectors. For instance, if you are black in South Africa you are likely to be unemployed. If you are a woman and again black, you are likely to be unemployed. If you are young and black, again you are likely to be unemployed. And this trend expands to settlements. If you are in the rural area you are likely to be unemployed. If you are in the township again you are likely to be unemployed. This is because of our history of segregation. This is also about the intricacies of the economy. It is therefore not a challenge of quick simple solutions, as some may want others to believe, because it is historical, systemic and complex. But this government is up to the task, as explained below.

The call to address unemployment in general and especially amongst the youth, is a cross cutting matter that requires interventions amongst all spheres of government departments at all levels, employers, trade unions, civil society including political parties. The Department of Employment and Labour, has introduced a number of programmes and interventions to address unemployment in general and specific programmes to assist young people that include the following:

(i) Branch Public Employment Services

  • For the period 1 April 2021 to 31 March 2022, more than 281801 work seekers were provided with employment counselling services, to assist work seekers cope with unemployment and also to assist them to find work and self-employment opportunities. Working with employers more than 131 522 job opportunities were registered on the DEL ESSA database. This resulted in more than 67 058 permanent job placements. More than 936 621 work seekers were also registered, on the ESSA database, 423 298 were below 35 years.
  • The Department also champions the Pathway Management Network process, which with the Presidential Stimulus funding created more than 673,514 job opportunities. This programme has facilitated entry into first time job opportunities, and is a stepping stone to the labour market.

(ii) Unemployment Insurance Fund (UIF)

During the financial year 2022/2023, the Unemployment Insurance Fund (UIF) planned to recruit about 15 000 learners. The UIF through its Labour Activation Programme (LAP) enters into funding agreements with implementing partners to train and guarantee employment of learners at the end of the training period.

The following are some of the initiatives aimed at alleviating unemployment under the UIF:

  • R 551 million set aside for the three projects to benefit 19 921 beneficiaries in KwaZulu-Natal in the following skills disciplines: 14 771 Chief Food Handlers; 5 000 Enterprise Development (mixed farming systems); and150 Fibre Optic Technicians.
  • R 201 498 000 worth of funding Agreement signed for job placement of 7 810 unemployed beneficiaries in Kwazulu-Natal, Free State, Gauteng, Limpopo, North West and Western Cape
  • R 10 136 175 150 worth of funding agreements to train and place 150 unemployed beneficiaries in jobs in the Western Cape in the following fields of Horticulture 30, Generic Management 30, Early Childhood 30, Clothing Manufacturing 30, and Tourism 30.

- Implementation of an Equine Business Management Learnership project to train and create jobs for 50 unemployed beneficiaries in the Eastern cape on a co-funding basis at a total budget of R 20 000 000.00 (twenty million rand). the UIF contributes R 15 000 0000 and the partner contributes R 5 000 000 towards the costs.

- Funding Agreement to fund a Youth Technology Development Project targeting to train and create jobs for 500 unemployed youth at a total budget of R 96 760 750.00 (ninety-six thousand seven hundred and sixty thousand, seven hundred and fifty rand) where the UIF contributes R 70 151 543.75 (seventy million, one hundred and fifty one thousand, five hundred and forty three rand, seventy five cent) and the partner contributes R 26 609 206.25 (twenty-six million, six hundred and nine thousand, two hundred and six rand, twenty five cent). This project is implemented in the Eastern Cape Province.

- Funding agreement amounting to R 238 506 003.75 to implement a programme to train and place 5 000 unemployed beneficiaries as Assistant Chefs, Cook Convenience, Fast Food, Table Attendant and Barista programmes and place them in jobs in post the UIF Funding in Gauteng, KZN, North West, and the Western Cape over three years. This is a co-funded project where the UIF contributes R 220 618 053.47 (Two Hundred and Twenty Million, Six Hundred and Eighteen Thousand and Fifty-Three Rand, Forty-Seven Cents only) and Summit R 17 887 950.28 (Seventeen Million, Eight Hundred and Eighty-Seven Thousand, Nine Hundred and Fifty Rand, Twenty-Eight Cents only)

(iii) The Compensation Fund

Through the Vocational Rehabilitation Programme, the Compensation Fund supports COID Persons with Disabilities (Injured workers who have acquired a permanent disablement) to be upskilled and re-skilled. Through this programme,

  • a total of 41 Persons with Disabilities (PWDs)were enrolled on various Vocational Training Institutions, and 32 PWDs were registered in the artisan and farming incubation programmes, respectively, during 2021/2022.
  • The support is further extended to the dependents of COID Persons with Disabilities, Dependents of Fatally injured workers and the General Youth pursuing undergraduate qualifications related to Health Professional and related clinical science, Information and Communication Technology (ICT), Engineering, Statistics & Data Science, Actuarial Science, Maths & Science Education, Accounting, Psychology, Economics, Geography, Quality Control and Environmental Health. In addition, continuing students registered for Advanced Diploma/ Honours in Accounting Science (Stream: Certificate in The Theory of Accounting (CTA). For the financial year 2021/2022, the Compensation Fund funded 1177 students enrolled at Post School Education and Training Institutions.

(b) Strategies in place

  • We have worked with NEDLAC social partners to develop the country’s Economic and Reconstruction and Recovery Plan that is currently being implemented. We are also involved in negotiations to conclude a Social Compact as instructed by the President.
  • Employment Services interventions are guided by the Employment Services Act that is aligned to ILO conventions C88 and C181. The Branch has also introduced a National electronic system called Employment Services South Africa (ESSA) and Standard Operating Procedures that guides all Labour Centres on how to go about registering work-seekers, work and learning opportunities, counselling and placement into opportunities.
  • We have published a Draft National Labour Migration Policy and Draft Employment Services Amendment Bill aimed at improving the governance and data administration, preserving employment for South Africans through measures that will limit employment of foreign nationals, and promoting employment of South Africans in other countries so as to acquire skills and to lower unemployment levels in our country. The NLMP is aligned to the ILO Convention C97.
  • We have invested a lot of efforts in the research and drafting of a National Employment policy that is to be released for public consultations once we have exhausted internal government policy processes. The NEP is aligned to ILO Convention C122.
  • We have a Labour Activation Strategy and Standard Operating Procedures that guides the implementation of the programme

We will continue to reconstruct this country. We will continue to transform this country. We will continue to develop this country. It is a revolution that we are still involved in. It is not an event with a commencement date and an end date. The aim is to continue to radically change our country and never stop in doing so!

06 May 2022 - NW1198

Profile picture: Chabangu, Mr M

Chabangu, Mr M to ask the Minister of Employment and Labour

Whether, with reference to his reply to question 581 on 19 March 2022, besides the appointment of an independent forensic firm, there are any measures that have been put in place to ensure that there is no interference with the investigation; if not, why is the leadership of the Compensation Fund not the focus of the specified investigation; if so, what is the focus of the investigation?

Reply:

The forensic investigation does not have any individuals as its target, but if this deep probing which is being conducted currently in the Compensation Fund, unfolds such that it leads to individuals wherever they are, whatever the positions they occupy, that will be revealed, the findings will be there, and recommendations will be made.

29 April 2022 - NW1222

Profile picture: Sonti, Ms NP

Sonti, Ms NP to ask the Minister of Employment and Labour

How does his department intend to address the crisis of youth unemployment in the Republic?

Reply:

1. The Department of Employment and Labour, embarked on a number of programmes to assist youth that are facing unemployment. For the period 1 April 2021 to 31 March 2022, a total of 257 474 work seekers were provided with employment counselling services them to cope with unemployment and to find work and self-employment opportunities. Working with employers, a total of 124 101 job opportunities were registered on the Employment System South Africa (ESSA) database. This resulted in 58 626 permanent job placements. More than 900 000 work seekers were also registered on the ESSA database.

2. The Department also works closely with the Presidency in championing the Pathway Management Network process. The Presidential Stimulus funding created more than 840,000 job opportunities. This programme has facilitated entry into first time job opportunities, and is a stepping stone to the labour market.

3. The Unemployment Insurance Fund (UIF), concluded agreements on training projects aimed at creating jobs in the fibre optics, food handling and mixed farming sectors.

The UIF, through its Labour Activation Programmes (LAP), has set aside R551 million for the three projects to benefit 19 921 beneficiaries comprising 70% former UIF contributors who lost their jobs and 30% new labour market entrants to undergo training in the following skills disciplines:

14 771 Chief Food Handlers;

5000 Enterprise Development (mixed farming); and

150 Fibre Optic Technicians.

4. The Compensation fund

Through the Vocational Rehabilitation Programme, the Compensation Fund supports COID Persons with Disabilities (Injured workers who have acquired a permanent disablement) to be upskilled and reskilled.

Through this programme, a total of 41 Persons with Disabilities (PWDs)were enrolled on various Vocational Training Institutions, and 32 PWDs were registered in the artisan and farming incubation programmes, respectively, during 2021/2022.

The support is further extended to the dependents of COID Persons with Disabilities, Dependents of Fatally injured workers and the General Youth pursuing undergraduate qualifications related to Health Professional and related clinical science, Information and Communication Technology (ICT), Engineering, Statistics & Data Science, Actuarial Science, Maths & Science Education, Accounting, Psychology, Economics, Geography, Quality Control and Environmental Health. In addition, continuing students registered for Advanced Diploma/ Honours in Accounting Science (Stream: Certificate in The Theory of Accounting (CTA)are also being supported.

For the financial year 2021/2022, the Compensation Fund funded 1177 students enrolled at Post School Education and Training Institutions.

29 April 2022 - NW900

Profile picture: Ngcobo, Mr SL

Ngcobo, Mr SL to ask the Minister of Employment and Labour

With reference to the Fourth Industrial Revolution (4IR), the increase of automation, more use for robotic components and an urgent need to upskill those whose jobs are in danger of becoming redundant, coupled with the many opportunities for the Republic to benefit from the changes 4IR will bring, what are the details of the plans that have been put in place by his department to ensure that the Republic benefits from the changes in the labour force?

Reply:

Automation is an enabler of innovation and not the other way round, it is important to understand that fact. After we have understood that, we must then grasp other facts that, economies are stimulated and driven by innovation. If we speak about change, change should not be for the sake of change but it should be adapted to the needs of the economy and its population. There is a notion that has become a cliché that speaks about change because somewhere someone is talking about change rather than change dictated by our own environment.

Albeit, we must agree that education and training institutions are central in driving skills that are needed by the changing economy. That is why my Department and the Department of Higher Education are always in constant collaboration on critical skills that are needed by the economy. As result, there is a critical skills list that speaks to the demand of our economy. This assists us in better responding to the needs of the labour market.

In responding to the 4th Industrial Revolution, the Honourable member will know that the President has established a commission amongst the others the Commission is to assist the government in taking advantage of the opportunities presented by the digital industrial revolution. The Commission will further identify relevant policies, strategies and action plans that will position South Africa as a competitive global player.

The work of the Commission will be tabled at NEDLAC for further discussion on how to come up with policies that will respond to the changes in the labour market as well as how to upskill, reskill and produce future skills that will be needed by the economy.

As a country that is grappling with unemployment, we must ensure that change does not exclude our people in the world of work but enhance their productivity, mobility and speaks to the needs of the population.

END

21 April 2022 - NW1261

Profile picture: Ngcobo, Mr SL

Ngcobo, Mr SL to ask the Minister of Employment and Labour

(1)What number of labour inspectors does his department have; (2) whether his department has sufficient labour inspectors in order to ensure that inspections and enforcement services are effective and there is timeous detection of non-compliance issues; if not, why not; if so, what are the relevant details?

Reply:

1. The DEL has 1951 inspectors. Currently, there are 166 vacancies and 1785 warm bodies.

2. Currently, there are around 14,3 million people that are employed in SA (as in November 2021 in terms of the Quarterly Labour Force Survey). The Department has an establishment of 1 951 Inspectors as at in February 2022. This, against a total number of 14,3million employees, provides a ratio of 1 inspector to 7330 employees. This is in line with industrialised economies as per International labour Organisation (ILO) guidelines. The inspectors are always able to detect and deal with non-compliance during inspections. As at the end of quarter 3 in the 2021/22 Financial Year, the following are the relevant details:

Number of inspections

177700

Number compliant

134 832

Number noncompliant

42868

Number of notices issued

42430

42 868 workplaces were found to be noncompliant and 42 430 were issued with notices. The achievement is 99% against a standard of 95%

01 April 2022 - NW1197

Profile picture: Mkhonto, Ms C N

Mkhonto, Ms C N to ask the Minister of Employment and Labour

With reference to his reply to question 579 on 18 March 2022, of the 1 303 609 claims that were migrated from the old to the new system, what (a) total number of these claims are (i) older than 12 months, (ii) older than two years and (iii) not finalised and (b) is the reason that each specified claim is not finalised?

Reply:

The 1 303 609 claims that were migrated from the old systems included claims that were finalised and those that were still current at the time of migration. These claims have been finalised and the Fund is presently dealing with current claims.

01 April 2022 - NW1193

Profile picture: Mkhonto, Ms C N

Mkhonto, Ms C N to ask the Minister of Employment and Labour

What are the details of his department’s intervention in the ongoing battle between workers from Zimbabwe and Lesotho on farms in the Western Cape?

Reply:

The Department is aware of the tension between workers from Zimbabwe and Lesotho in the Robertson area that is approximately 40 kilometres outside the town of Worcester. In the Departments’ engagement with the Municipality and Law Enforcement, we were informed that employers are using unregistered Labour Brokers to recruit workers from Zimbabwe and Lesotho.

The DEL met some of the employers through the assistance of the Municipality and informed them that from the week of 11 April to 14 April we will be inspecting, through a blitz inspection programme, approximately 200 farms in the area to determine compliance with labour laws, including the registration of Labour Brokers as Temporary Employer Services. This will be done in collaboration with the Dept. of Home Affairs and the South African Police to ensure the smooth progress of the event. Any non-compliance found will be dealt with in terms of the prescripts of the law.

01 April 2022 - NW1192

Profile picture: Mkhonto, Ms C N

Mkhonto, Ms C N to ask the Minister of Employment and Labour

How far is the process of bringing to book employers found transgressing the national minimum wage?

Reply:

The National Minimum Wage is enforced through the Basic Conditions of Employment Amendment Act 7 of 2018: s65 to s75.

All the employers that transgressed the NMWA were brought to book.

As at the end of quarter 3 in the current financial year; the following was the outcome in this regard:

Number of BCEA and NMWA inspections conducted

126 261

Number found to be non-compliant

6 060

Number of notices issued

6 060

Amount of money recovered due to underpayment of the NMW

R19 684 305.00

Number referred for prosecution due to failure to comply with expired notices

809

:

01 April 2022 - NW1199

Profile picture: Komane, Ms RN

Komane, Ms RN to ask the Minister of Employment and Labour

With reference to his reply to question 582 on 18 March 2022, whose responsibility is it to collect information with regard to the 30 368 open claims?

Reply:

The Fund requests for and collects all outstanding information. The outstanding information will either relate to medical information from medical service providers or information from the employer, member or beneficiary to support the claim further.

Requests are sent, together with periodic follow up reminders, to the employer for the outstanding information. All parties, however, are responsible to ensure that the Fund receives any requested information.

01 April 2022 - NW1065

Profile picture: Mkhonto, Ms C N

Mkhonto, Ms C N to ask the Minister of Employment and Labour

What are the reasons that there has been no member of the Compensation Fund Board who has been made to account for the gross mismanagement of finances at the entity?

Reply:

The Compensation Fund Board has been established in terms of section 12 of the Compensation for Occupational Injuries and Diseases Act as an Advisory Board to advise the minister on policy matters.

It is not an Accounting Authority of the Fund and as such not involved in the day to today operations of the Compensation Fund.

01 April 2022 - NW1066

Profile picture: Mkhonto, Ms C N

Mkhonto, Ms C N to ask the Minister of Employment and Labour

What (a) is the current total number of funded vacancies of labour inspectors in his department and (b) plans has he put in place to fill the vacancies?

Reply:

a) The total number of inspectors posts is = 1 951

  • The total number of filled inspectors’ posts as at on the 30th of March 2022 is = 1 785
  • The total number of inspectors vacant posts is = 166.
  • A vacancy rate of 8.50%
  • The rate of filled posts is at 91.50%

b) The standard set is that 100% of all vacancies are expected to be filled within 4 months of being vacant.

The following table depicts the status quo with regards to progress on the filling of vacancies per province:

 

EC

FS

GP

KZN

LP

MP

NC

NW

WC

TOTAL

Total vacancies

10

11

72

16

13

8

9

9

18

166

Number of vacancies advertised

2

1

33

7

3

4

2

2

6

60

Number of vacancies at shortlisting stage

4

2

11

0

0

3

3

6

4

33

Number of interviews conducted

2

4

14

2

0

0

2

0

1

25

Number in the process of being filled/issued with letters

2

4

14

7

10

1

2

1

7

48

25 March 2022 - NW874

Profile picture: Julius, Mr J

Julius, Mr J to ask the Minister of Employment and Labour

What (a) is the total number of incidents of (i) sexual harassment and (ii) sexual assault that were reported in his department (aa) in each of the past three financial years and (bb) since 1 April 2021, (b) number of cases (i) were opened and concluded, (ii) were withdrawn and (iii) remain open or pending based on the incidents and (c) sanctions were meted out against each person who was found guilty?

Reply:

a) The total number of incidents of sexual harassment and sexual assault that were reported in the department for the past three financial years:

(i) Sexual Harassment

2018/2019- 0

2019/2020- 2 cases were reported.

2020/2021- 0

2021/22 to date- 5 cases were reported.

(ii) Sexual Assault

2018/2019- 0

2019/2020- 0

2020/2021- 0

2021/22 to date- 0

b) Number of cases which were:

(i) Opened and Concluded

Sexual Harassment

2018/2019- 0

2019/2020- 2 cases were opened and concluded.

2020/2021- 0

2021/22 to date- 2 cases were opened and concluded

(ii) Withdrawn

Sexual Harassment

2018/2019- 0

2019/2020- 0

2020/2021- 0

2021/22 to date- 0

(iii) remain open or pending based on incidents:

Sexual Harassment

2018/2019- 0

2019/2020- 0

2020/2021- 0

2021/22 to date- 3 cases reported and investigation is ongoing.

c) Sanctions meted out against each person found guilty:

Sexual Harassment

2018/2019- 0

2019/2020- 1 case (Dismissal).

2020/2021- 0 (No cases reported).

2021/22 to date- 1 case (FWW) and 1 not found guilty by the chairperson.

END.

11 March 2022 - NW584

Profile picture: Langa, Mr TM

Langa, Mr TM to ask the Minister of Employment and Labour

What process does the Compensation Fund follow to obtain outstanding information from employers to finalise outstanding claims?

Reply:

The claims processors and client service officers utilise the contact details on the claim forms to contact the employer, medical service providers and/or claimants in order to obtain information required to finalise claims.

11 March 2022 - NW580

Profile picture: Mkhonto, Ms C N

Mkhonto, Ms C N to ask the Minister of Employment and Labour

(a) What total number of (i) labour inspectors are employed by his department and (ii) funded vacancies are there in the labour inspector directorate of each province and (b) on what date is it envisaged that each position will be filled?

Reply:

a) What total number of:

(i) And (ii) Inspectors in the employ of the Department, including vacancies:

Province/Office

Filled posts

Vacant funded posts

Total posts

Eastern Cape

211

12

223

Free State

170

13

183

Gauteng

345

82

427

KwaZulu Natal

410

16

426

Limpopo

174

21

195

Mpumalanga

147

10

157

Northern Cape

87

8

95

North West

128

17

145

Western Cape

201

18

219

Head Office

18

1

19

Total

2089

198

2089

 

b) On what date is it envisaged that each positions will be filled?

Posts should be filled over the next 6 to 12 months.

About 50% of these posts are already at one or the other stage of recruitment and selection.

11 March 2022 - NW550

Profile picture: Mkhonto, Ms C N

Mkhonto, Ms C N to ask the Minister of Employment and Labour

In light of the fact that the Compensation Fund has been getting adverse and disclaimer audit outcomes from the Auditor-General for the past 10 years, what (a) disciplinary measures have been taken to remedy the situation and (b) action has been taken regarding backlogs that result from infrastructure challenges and poor network challenges?

Reply:

a) Compensation Fund has developed an Audit Action Plan to remedy the negative audit outcomes. The aim is not to deal with the symptoms of these audit outcomes, but to drill down to the root causes of them. The root causes of the audit disclaimer are not as a result of a specific person but the systemic issues related to business processes, skills shortages, ICT systems and policies. Action Plan that is currently in place, one of its key objectives is to remedy the defects that lead to the negative audit outcomes.

b) No backlogs have been reported as a result of infrastructure challenges and poor network challenges.

11 March 2022 - NW520

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Spies, Ms ERJ to ask the Minister of Employment and Labour

What is the (a) make, (b) model, (c) year of manufacture, (d) price and (e) purchase date of each vehicle purchased for use by (i) him and (ii) the Deputy Minister since 29 May 2019?

Reply:

OFFICE

Financial Year

a) Make

b) Model

© Year Manufacture

Price

Purchase Date

Minister

2019/20

N/A

N/A

N/A

N/A

N/A

 

2020/21

N/A

N/A

N/A

N/A

N/A

 

Office

Financial Year

a) Make

b) Model

(c) Year Manufacture

d) Price

  1. ee) urchase Date

Deputy Minister

2019/20

N/A

N/A

N/A

N/A

N/A

 

2020/21

Audi Q5

4.0 TDI

Audi Q5 TDI

Quattro

5 Line Tronic

2020

R748 018. 65

18 Oct 2021

11 March 2022 - NW583

Profile picture: Komane, Ms RN

Komane, Ms RN to ask the Minister of Employment and Labour

What is the percentage of (a) finalised medical invoices that were paid within 40 days and (b) claims that were rejected by the Compensation Fund in the 2021-22 financial year?

Reply:

a) The percentage of finalised medical invoices that were paid within 40 days is 87% (464 532 invoices out of a total of 533 211 invoices received) as at 31 December 2021.

b) The total number of claims (invoices) rejected by the Compensation Fund in the 2021-22 financial year is 39 057.

11 March 2022 - NW682

Profile picture: Cardo, Dr MJ

Cardo, Dr MJ to ask the Minister of Employment and Labour

Whether the Compensation Fund received a return of earnings from 222,382 companies in the 2020-21 financial year, while his department reportedly inspected 2 million companies; if not, what is the position in this regard; if so, what are the reasons that the Compensation Fund is just administering 11% of all companies in the Republic?

Reply:

The Compensation Fund received 223 644 return of earnings in the 2020-21 financial year.

Only companies who employ a person are required to register with the Compensation Fund in terms of section 80 of the COIDA and submit Return of Earnings in terms of section 82 of COIDA. Employers who meet the requirements of submission of return of earnings and do not do so, are levied penalties and referred to the Inspection and Enforcement Branch in the Department of Employment and Labour.

The Inspection and Enforcement Services (IES) Branch of the Department of Employment and Labour conducts inspections for the assessment of employer compliance against a number of legislations; namely, Employment Equity, Occupational Health and Safety, Unemployment Insurance, Basic Conditions of Employment as well as the Compensation for Occupational Injuries and Diseases (COID).

The reported number of 2 million inspections includes all inspections against the abovementioned legislations and not just those of the Compensation Fund against the COID Act. In addition, the Inspectors visit and inspect workplaces, one registered employer can have multiple workplaces from which his/her business operations are carried out.

11 March 2022 - NW674

Profile picture: Sharif, Ms NK

Sharif, Ms NK to ask the Minister of Employment and Labour

(1)With reference to the National Bargaining Council of the Leather Industry of South Africa, what is the total number of members of the Bargaining Council who are (a) leather handbag manufacturers and fall into the handbag section, (b) paid-up members and compliant and (c) based in Gauteng; (2) what is the breakdown of union membership in each province for the leather handbag manufacturers who fall into the Handbag Section of the Bargaining Council?

Reply:

674. (1) (a) Total number of employers registered with Bargaining Council = 93:

Total employees in the Sector = 2 064

(b) Total number of employers belonging to party Employer Organisation that are registered and compliant = 58:

Total number of employees employed by the party employer

Organisation = 1 402

(c) Total number of employers based in Gauteng = 26

Total number of employees based in Gauteng = 505

(2) Breakdown of party trade union membership per province:

  • Western Cape: 681
  • Eastern Cape : 32
  • Kwa Zulu Natal: 128
  • Gauteng : 331

 

END

 

11 March 2022 - NW683

Profile picture: Cardo, Dr MJ

Cardo, Dr MJ to ask the Minister of Employment and Labour

Whether the International Labour Organisation conducted any reviews on behalf of his department regarding comparisons with similar departments in other parts of the world; if not, what is the position in this regard; if so, (a) which countries were compared, (b) what were the findings and (c) what were the recommendations?

Reply:

The International Labour Organisation (ILO) is one of the Specialized Agencies of the United Nations whose mandate is to advocate for decent work at the workplace. It carries out this mandate through a number of interventions which include setting and supervision of international labour standards, policy and technical advice, capacity building and advocacy. One area of technical support that the ILO provides to its member States is the review of labour administration systems as embodied in ministries responsible for employment and labour, and other related institutions, with a view to assessing their performance and ability to discharge their mandates, implement policies and laws within their remit, and to provide services to the public.

I would like to hasten to indicate that, in the performance of this review function, the ILO does so on the basis of requests from individual member States who are entitled to such support by virtue of their membership to the Organization. The reviews are not being done on behalf of my Department, since we do not have the power to influence the ILO to do these on our behalf, neither do we have the authority to decide whether reviews should be undertaken in other member States.

In addition, the ILO does not currently have any official benchmarking methodology which would enable the Organization to objectively compare national labour administration systems in the member States. These systems differ rather substantially in terms of their mandate, political systems they operate in, and forms of public administrations which make any direct comparison difficult, if not impossible.

However, the ILO Labour Administration Convention, 1978 (No. 150) as well as its accompanying Recommendation 1978 (No. 158) provide a useful guidance by establishing some basic criteria that any labour administration system should draw from, such as, effectiveness, coordination, involvement of social partners, sufficient funding and material means, availability of qualified and independent staff, etc. These two international standards also provide other details concerning the role of labour administration in the areas such as labour standards, labour relations, employment and research and give guidelines on the organization of a national system of labour administration.

I therefore would like to indicate that the main purpose of the reviews is not to compare the different countries, but to assess their systems in the context of their individual circumstances, using international standards as a form of guidance.

I would like to inform this Honourable Member that my Department has gone through a process of review twice, in 2010 and in 2016. A number of findings were made and useful policy advice proffered resulting in significant changes in the Department. The findings touched on institutional shortcomings, performance management deficits, insufficient use of existing technologies, and inadequate human resources policies.

Based on the 2010 review recommendations, the following have been achieved:

a) Creation of the labour inspection and enforcement branch;

b) Strengthening of the oversight role of CCMA and NEDLAC by the Labour Market Policy / Industrial Relations Branch;

c) Passing of the new Public Employment Services Act, 2014;

d) Increase in the number of labour inspection staff and change in their terms and conditions of employment, including their qualification requirements; and

e) Development of a national labour inspection framework.

Another review was made in 2016/17 to assess the implementation of the recommendations of the 2010 review. Satisfied with the rate of implementation of the past recommendations, a set of new recommendations were made, which include:

a) Strengthening of the employment promotion mandate of the Department to coordinate other government departments;

b) Addressing the existing vacancy rate and filling of positions at the technical level;

c) Revision and strengthening of the performance management system;

d) Strengthening of data collection, research, and analytical capacity on labour market and employment conditions, as well as on performance of the Department;

e) Strengthening of social dialogue around labour inspection; and

f) NEDLAC and CCMA be encouraged to make their skills available in the resolution of disputes which have been prevalent in society.

According to the information that I got from open sources in ILO / Pretoria, similar reviews have been undertaken in some countries in Eastern and Southern Africa since 2010; namely; in Botswana, Kenya, Lesotho, Malawi, Namibia, Uganda and the United Republic of Tanzania. Findings are generally the same, pointing to common weaknesses found in labour ministries in most countries. These include weak institutional structures; low resource allocation; poor coordination mechanisms between the headquarters and the field offices; poor working conditions for staff; unsatisfactory legal enforcement and sanction capacity; and insufficient articulation of employment policies.

Specific recommendations have been made to address the findings with due regard to country specificities. These have generally covered restructuring or creation of new departments or units; reforms of public employment services; strengthening of the coordination function and role by the headquarters; enhancement of the enforcement capacity; support by labour administration to social dialogue institutions for enhanced policy dialogue; development of human resource policies, including improvement in working conditions, career advancement and initial and continuous training; labour law reforms; improved performance management; and ratification of relevant ILO conventions.

I thank you

11 March 2022 - NW624

Profile picture: Komane, Ms RN

Komane, Ms RN to ask the Minister of Employment and Labour

Whether the Compensation Fund outsources the management of the Call-Centre, Help desk, CompEasy and other Call Centre mailboxes; if so, (a) who are the main contractors, (b) on what date(s) were they appointed, (c) what is the total value of the contract for each contractor and (d) what total number of unregistered claims are in inboxes and mailrooms waiting to be registered?

Reply:

The Compensation Fund does not outsource the management of the Call Centre, Help Desk, CompEasy and other call centre mailboxes.

The claim registration process is automated through the CompEasy system where employers can register claims on their own. Where manual claims are submitted, these are sent to the Labour Centres by employers.

11 March 2022 - NW621

Profile picture: Mkhonto, Ms C N

Mkhonto, Ms C N to ask the Minister of Employment and Labour

What total number of (a) employers were registered in the CompEasy System of the Compensation Fund and (b) the specified employers were registered in the previous system?

Reply:

a) Total number employers registered on CompEasy is 28 596 that includes users linked to multiple organizations.

b) Employers registered on the previous system (Umehluko): 45 336

11 March 2022 - NW622

Profile picture: Mkhonto, Ms C N

Mkhonto, Ms C N to ask the Minister of Employment and Labour

What (a) total number of claims were registered with the CompEasy System of the Compensation Fund by registered (i) employers, (ii) labour centres and (iii) third parties and (b) are the relevant details in each specified case?

Reply:

a. Total number of claims registered on CompEasy as between October 2019 and 04 March 2022: 329 655. The claims are registered by employers, labour centres and third parties but we do not keep reports per category as all claims are considered valid registered claims if they meet the requirements of the law.

 

11 March 2022 - NW623

Profile picture: Mkhonto, Ms C N

Mkhonto, Ms C N to ask the Minister of Employment and Labour

(1)Whether any labour inspectors visited any farms in Limpopo for inspection in the 2020-21 financial year; if not, what is the position in this regard; if so, (a) which farms and (b) on what dates; (2) whether any labour inspectors intend to visit any farms in Limpopo in the current financial year; if not, why not; if so, (a) which farms and (b) on what dates?

Reply:

1. Yes, Honourable Mkhonto, Labour Inspectors visited farms in the financial year 2020-21. A total of 1150 inspections were conducted and only 169 workplaces were not compliant with the labour legislations.

Legislation

Number of Inspections

Compliant

Non-compliant

Number issued with Enforcement document

EE

72

21

51

51

BCEA

877

836

41

41

OHS

87

39

48

48

UI

46

27

19

19

COIDA

67

57

10

10

TOTAL

1149

980

169

169

2) Labour inspectors intend to conduct 1 174 inspections in the farming sector during the financial year 2022/23.

25 February 2022 - NW255

Profile picture: Mkhonto, Ms C N

Mkhonto, Ms C N to ask the Minister of Employment and Labour

Whether it is his department’s policy that persons who have not claimed their Unemployment Insurance Fund benefits after three months of being unemployed must forfeit the benefits; if not, what is the position in this regard; if so, what are the relevant details?

Reply:

In terms of the Unemployment Insurance Act (UIA) as amended (1 November 2019), specially on section1 prescript 12 months’ period for which a beneficiary can claim and the Fund to accept claims within the prescribed period of 12 months.

Should the client not apply within the prescribed period, the claim is rejected by the Fund. However, the client can appeal against that decision if the client has satisfactory reasons why their claim should still be positively considered. The appeal process is extensively covered in the UI Act.

25 February 2022 - NW155

Profile picture: Basson, Mr LJ

Basson, Mr LJ to ask the Minister of Employment and Labour

Whether he and/or his department ever received correspondence from a certain political organisation (details furnished), via email, WhatsApp, hardcopy and/or in any other format of which the original file is dated June 2020; if not, what is the position in this regard; if so, (a) on what date was the specified correspondence received, (b) who was the sender of the correspondence and (c) what steps were taken by his office in this regard?

Reply:

Honourable Member, there is no positive trace results of such a correspondence or memo from the records, from the Ministry and Office of the Director General. The conclusion therefore is that such correspondence was not received.

25 February 2022 - NW183

Profile picture: Khumalo, Dr NV

Khumalo, Dr NV to ask the Minister of Employment and Labour

(a) What number of supplier invoices currently remain unpaid by (i) his department and (ii) each entity reporting to him for more than (aa) 30 days, (bb) 60 days, (cc) 90 days and (dd) 120 days, (b) what is the total amount outstanding in each case and (c) by what date is it envisaged that the outstanding amounts will be settled?

Reply:

(a) None. The latest report (ie. for January 2022) on the list of invoices paid after thirty (30) days, and invoices older than thirty (30) days but not yet paid from receipt by the Department reflects as a ‘NIL’ report, and by taking in to consideration that the current month is February 2022, the received invoices would currently be within thirty (30) days. Hence, there are no invoices that are more than 30, 60, 90 or 120 days within the Department of Employment and Labour.

(b) In relation to the 'NIL' report, there is no total outstanding amount.

(c) Since there is no outstanding amount, the above question is not applicable.

REPLY: The Entities: https://pmg.org.za/files/RNW183-220225.xlsx

 

 

27 December 2021 - NW2725

Profile picture: Cardo, Dr MJ

Cardo, Dr MJ to ask the Minister of Employment and Labour

With regard to officials at the Unemployment Insurance Fund who were the subject of the investigation conducted by the Special Investigating Unit and the resultant disciplinary hearings that were scheduled to commence in February 2021, what are the (a)(i) names and (ii) designations of the officials and (b)(i) charges, (ii) findings and (iii) relevant sanctions against

Reply:

Special Investigating Unit (SIU) is still contracted with the Unemployment Insurance Fund (UIF). Among others, SIU is conducting the investigation on possible acts of corruption, fraud, maladministration and negligence. There is some progress that has been recorded in these investigations. But there remains more work that is still underway.

 

As a matter of fact, UIF and SIU met on the 3rd December 2021 to see to it, as to how best to tighten up the loose ends

In that meeting, a decision was taken that a Steering Committee be established that should work through all the cases that are on record to provide progress on investigations

The findings and/or outcomes of these investigations shall be communicated to the Hon. Member (a) when they are completed and (b) when they do not pose any potential damage either on any ongoing disciplinary process or to any other further investigation that may be deemed necessary