Questions & Replies: Labour

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2010-08-17

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QUESTION NO:3522( NW4361E)

Mr I M Ollis (DA) to ask the Minister of Labour:

(1) Whether (a) her department and (b) any of its entities provided any financial support to the National Youth Development Agency (NYDA) for the World Festival of Youth and Students to be held in Pretoria in December 2010; if not, why not; if so, (i) what amount was provided to the NYDA, (ii) from which budget were these funds drawn, (iii) who made the decision to provide these funds to the NYDA and (iv) how is this (aa) decision and (bb) amount justified;

(2) whether the NYDA made any other request to (a) her department and (b) any of its entities to provide support to the festival; if not, what is the position in this regard; if so, what are the relevant details? NW4361E

MINISTER OF LABOUR RESPONSE:

(1) No financial support was given to the NYDA.

(2) Yes, they did make a request that we assist in ensuring attendance at the World festival of Youth and Students.

Parliamentary Question no: 3474

3474. Mr I M Ollis (DA) to ask the Minister of Labour

(a) How many employees of

(i) her department and

(ii) any reporting to her department who are on level 11 salary scale and above have been suspended with full pay

(aa) in the 2009-10 financial year and

(bb) during the period 1 April 2010 up to the latest specified date for which information is available and

(b) what is the total amount of money that was paid by her department in respect of these salaries? NW4309E

Minister of Labour reply:

(a)

(aa) Two employees at level 13 and 14 were suspended with full pay in the 2009-10 financial year

(bb) Two employees at level 13 and 16 were suspended with full pay during the period 1 April 2010 up to 30 November 2010

(b) The total amount paid by the department in respect of salaries for the suspended employees mentioned on (aa) and (bb) above is R1 102 719.95

QUESTION NO: 3340 (NW4173E)

Mr P J Groenewald (FF Plus) to ask the Minister of Labour:

(1) With reference to the reply to question 1237 on 28 April 2010, what progress has been made with the investigation into the Aurora Mining Company's failure to pay over unemployment insurance contributions;

(2) whether the department has investigated the company's failure to pay salaries to workers; if not, why not; if so, what was the result of the investigation;

(3) whether she will make a statement on the matter? NW4173E

MINISTER OF LABOUR RESPONSE:

(1) Yes, the Department did undertake investigations at Grootvlei Springs Mine in terms of Section 69 of the Basic Conditions of Employment Act (BCEA) of 1997 after receiving a complaint of unpaid wages by Aurora Mining Company employees. Managerial staff earning above the threshold were excluded in terms of Section 70 of the BCEA.

(2) The investigation revealed the following:

2.1. Aurora was registered with the Department of Labour's Unemployment Insurance Fund on 09 April 2010, registration number 1978806. Details of 1589 workers were obtained.

2.2. The Springs Labour Centre reported AURORA to the local SARS office for further investigation on tax related matters.

2.3. A compliance order was issued based on the Aurora Grootvlei Mine VIP Payroll obtained on 27 August 2010 which indicated that a total of 1307 workers were owed bonus for December 2009 and salaries for March, April, May, June, and July 2010. The breakdown is as follows:

Ø Dec'09, 40% outstanding Bonus amounts to R316520.60 for 2180 employees

Ø Mar'10, 100% owed in Salaries & Wages amounts to R 5456716.45 for 2413 employees

Ø Apr'10, 100% owed in Wages & Salaries amounts to R1416273.84 for 105 employees

Ø May'10, 61% owed in Wages & Salaries amounts to R 809350.08 for 101 employees

Ø Jun'10, 100% owed in Wages & Salaries amounts to R1413597.72 for 102 employees

Ø Jul'10, 100% owed in Wages & Salaries amounts to R1291852.49 for 139 employees

2.4.The company made payments as follows:

Ø 100% of August salaries to Care and Maintenance employees as well as 68% of July salaries.

2.5. On 07 October 2010, the Department of Labour served an amended compliance order on the employer to pay outstanding salaries within 7 days as follows:

Ø R204 112.50 for Aug 2010 as the employer paid R193 743.40. (Short payment R 10369.10)

Ø R300 435.30 for July 2010 as the employer paid R122 601.20(Short payment R177834.10)

Ø R456 994.04 for June 2010 as the employer paid R55 994.15 (Short payment R400 999.89)

Ø R196 461.80 for May 2010 as the employer paid R51 207.34 (Short payment R145 254.46)

Ø December 2009 Bonus, March and April 2010 wages as nothing was paid towards the claims of these months.

2.6. On the 1st November 2010, the compliance order was made an order of court in the Labour Court of South Africa, case no 5472,5619/10RA wherein Aurora agreed to effect all outstanding payments owing to employees on 30th November 2010.

2.7. Layoff letters will be issued to non active employees to enable them to apply for employment insurance benefit.

2.8. Foreign nationals wishing to go back home voluntarily will be provided with free transport.

2.9. Employees residing at the employers accommodation will be given a period of one month notice to vacate such accommodation.

2.10. Care and maintenance workers will be paid regularly.

2.11. The balance of outstanding wages will be transferred to the Department of Labour to assist in tracing and paying employees that are not traceable.

3. No

PARLIAMENTARY QUESTION 3230 (NW4044E)

3230. Mr. I M Ollis (DA) to ask the Minister of Labour:


What is the (a) total cost and (b) number of copies of each (i) annual report and (ii) report on strategic plans that was produced by (aa) her department and (bb) any of its entities in the 2009-10 financial year?

Minister of Labour replied:

The total cost of the Strategic Plan was R42 018.20, and the number of copies printed was 1 200 copies. A total of 600 PFMA Annual Reports were printed, at a cost of R138,652.75 .

PARLIAMENTARY QUESTION 3230 (NW4044E)

3230. Mr I M Ollis (DA) to ask the Minister of Labour:

What is the (a) total cost and (b) number of copies of each (i) annual report and (ii) report on strategic plans that was produced by (aa) her department and (bb) any of its entities in the 2009-10 financial year?

Minister of Labour replied:

ENTITY NAME

TOTAL COST

NUMBER OF COPIES

ANNUAL REPORTS

CCMA

R129, 104.99

7, 000

CF

R 65, 500.00

300

PSA

R118, 861.42

1, 000

UIF

R229, 567.50

5, 000

NEDLAC

R317, 208.00

2000

STRATEGIC PLANS

CCMA

0

CF

R 41, 534.76

700

PSA

0

0

UIF

R211, 470.00

530

NEDLAC

R9750.00

2000

DEPARTMENT OF LABOUR

TOTAL COSTS

NUMBER OF COPIES

PFMA Annual Report

R 138.652.75

600

Strategic Plan 2010-2015

R42 018-20

1200

Note:

- CCMA and Productivity SA did not print Strategic Plans

- NEDLAC Strategic Plan was presented at the Parliamentary Portfolio Committee

QUESTION NO 3082 NW3807E

QUESTIONS FOR WRITTEN REPLY

Mr. P F Smith (IFP) to ask the Minister of Labour:

(1) To what extent do (a) white and (b) black commercial farmers comply with the minimum wage requirements;

(2) whether there has been a trend to increase capital intensity in commercial agriculture; if not, what is the position in this regard; if so, to what extent;

(3) whether this is linked to the cost of labour; not, what is the position in this regard; if so, what are the relevant details;

(4) whether her department has engaged in discussions with organised agriculture on the issue of the impact of the minimum wage on (a) input costs and (b) the commercial viability of farming; not, why not; if so, (i) what were the outcomes and (ii) are the further relevant details? NW3807E

The Minister of Labour replied:

1. The Department has conducted inspections in 1744 workplaces in the farming sector including commercial farmers and the compliance levels were found to be at 65%. It is not in the interest of the Department to look at whether white or black commercial farmer complies but the duty is to ensure that all employers comply irrespective of race.

2. A decision to increase capital in the agricultural sector is informed by the peculiar circumstances that affect not only the commodity that is being farmed but also the cost of capital, the productivity gains that may be realized, improved management of the resource, competition factors and a host other factors. The cost of labour is not the only factor that is considered when making such a decision.

3. A decision to mechanize in the agricultural sector is fundamentally a business decision. The decision is not only based on the cost of labour as an input factor. It is a decision that is based on a multiplicity of factors.

4.(a)+(b) In establishing minimum wages, the Basic Conditions of Employment Act requires that the Employment Conditions Commission advises the Minister of Labour on amongst others:

4.1 The employer to carry out his/her business

4.2 Effect that the proposed minimum wage would have on employment

4.3 Cost of living; and

4.4 The alleviation of poverty

Wages and conditions of employment in the farming and other sectors are set through a process of social dialogue that requires all stakeholders including employers to make written inputs and through public hearings where interested parties can make submissions.

(i) The outcome of this social dialogue process is then represented in the level of the wage and the conditions of employment that is being set. The same process is followed when minimum wages are reviewed.

(ii) Using the process of determining the minimum wage for the farming sector, stakeholders including commercial farmers are requested to make submissions to the Employment Conditions Commissions. The submissions are thoroughly considered with special attention given to the input cost and the commercial viability of farming.

QUESTION NO: 3080 (NW3805E)

Mr P F Smith (IFP) to ask the Minister of Labour:

(1) Whether the view of the chairperson of the Employment Equity Commission that there is not a serious skills shortage and that the so-called skills crisis is an excuse by certain employers to justify continuing racist employment practices represents the policy of his department; if so, what is his position in this regard; if not,

(2) Whether his department has commissioned any empirical study to ascertain the reasons why equity targets are not being met by business; if not, why not; if so, what are the relevant details? NW3805E

MINISTER OF LABOUR'S REPLIED:

(1) The Statement made by the Chairperson of the Employment Equity commission, whiles it does not represent the policy of the Department of Labour was made within a certain context.

Her statement was based on the analysis of the employment equity data submitted by employers in their 2009 EE Reports that indicated that 60% of their professionally qualified staff is Black. Furthermore, she made reference to the statistics from tertiary institutions that attest to the fact that output of black professionals has tripled since the dawn of democracy. She then concluded therefore, that the excuse made by some employers that there is lack of transformation in their workplaces because of lack or shortage of black skills is not true when one make a comparison to the data that the same employers have reported in their EE Reports.

(2) The information gathered through investigations conducted during the Director General Reviews (DG Reviews) in the 106 large companies listed at the Johannesburg Securities Exchange has revealed that most employers are not committed to transformation, despite all the resources they have to implement employment equity. Most companies were found not to be complying with the basic requirements of the Employment Equity Act, such as consultation with employees, conducting an analysis of their workplace to inform the preparation and implementation of EE Plans that contains affirmative action measures or strategies they intend implementing in order to achieve their numerical goals and targets to transform their workplaces.

All these companies were issued with Director-General Recommendations instructing them to comply with the law.

The evidence gathered through the DG Reviews and EE Reports calls for stringent measures in order to strengthen the implementation and enforcement mechanisms in the Employment Equity Act to address resistance to comply.

QUESTION NO : 3012 (NW3726E)

Mr I M Ollis (DA) to ask the Minister of Labour:

(1) Whether his department had an updated and approved human resources plan in the 2009-10 financial year; if not, why not; if so, when was the plan (a) updated and (b) approved;

(2) whether the plan has since been (a) updated and (b) approved; if not, (i) why not and (ii) when is it expected to be (aa) updated and (bb) approved; if so, when was it (aaa) updated and (bbb) approved? NW3726E

MINSITER OF LABOUR'S RESPONSE:

(1) No, the Department does not have an approved Human Resources Plan for 2009-10 financial year because in the process of seeking approval, there were some changes brought about to the Department by the National Macro Organisation of State (NMOS) which required the transfer of skills development functions from the Department of Labour to the Department of Higher Education and Training. Furthermore, the Department, since October 2009, is engaged in the organisational review and design process being assisted by the International Labour Organisation (ILO) office to refocus the Department's mandate subsequent to the NMOS process.

(2) The Human Resources Plan has not yet been (a) updated and (b) approved due to (i) the changes brought about by the National Macro Organisation of State (NMOS). The Plan is currently being updated for approval by the delegated authority. (ii) The Human Resources Plan will be finalized by end of November 2010 and it will (aa) updated and (bb) approved. Once the delegated authority approves, the Human Resources Management Plan will be submitted.

QUESTION NO : 3009 ( NW3723E )

Mr I M Ollis (DA) to ask the Minister of Labour:

(1) (a) Who are the members of his department's audit committee since 1 April 2010, (b) when were these members appointed and (c) how many (i) properly constituted, (ii) quorate, (iii) invalid and (iv) non-quorate meetings has the audit committee held;

(2) whether any issues of (a) internal control or (b) risk management have been (i) identified by and (ii) reported to the accounting officer of the audit committee; if not, why not, in each case; if so, what are the relevant details in each case? NW3723E

MINISTER OF LABOUR RESPONSE:

1.(a)&(b) The members of the Department of Labour Audit Committee and their date of appointment is provided in the table below.

Name

Position

Appointment period

Ms MM Mahlabe

Chairperson

April 2009

Mr K Buthelezi

Member

April 2009

Mr TS Mageza

Member

April 2009

Mr N Mlamla

Member

April 2009

(c)(i) to (iv) The Audit Committee met three times from 1st April 2010 to 31 October 2010. All meeting of the Audit Committee were properly constituted in line with the approved terms of reference (audit committee charter). The dates of the meeting are provided in the table below:

No

Date of meeting

No. of Audit Committee member/attendees

Comment

1

27 May 2010

3

There was a quorum

2

28 July 2010

3

There was a quorum

3

01 Oct 2010

4

There was a quorum

(2) (a) & (b) The Audit Committee did raise to the Accounting Officer of the Department issues relating to management of performance information, Risks in the management / control of IT assets.

(i) The Department subsequently established a Risk Committee to also assist in risk management processes and to work closely with the Audit Committee to ensure proper coordination and effective control improvements within the entire department.

QUESTION NO 2986 NW3681E

2986. Adv A de W Alberts (FF Plus) to ask the Minister of Laboour:

(1) Which departments had an underrepresentation of (i) white people, (ii) coloured people, (iii) Indians and (iv) black people in terms of the Employment Equity Act, Act 55 of 1998 and equal employment targets in each year since 2005 and (b) in respect of which service levels and ranks was there an underrepresentation of (i) white people, (ii) coloured people, (iii) Indians and (iv) black people;

(2) Whether he will take any steps to rectify the underrepresentation; if not, why not; if so, what steps? NW3681E

MINISTER OF LABOUR REPLIED:

(1) It is critical to first highlight that the Employment Equity Reports of each designated employer (i.e. those that employ 50 or more employees and those that employ less than 50 employees, but their annual turnover is equal or above that stipulated in schedule 4 of the Employment Equity Act, 1998), including government departments, are public documents; and on request, these can be made available to the public.

Secondly, it is important to note that analysis of Employment Equity (EE) data per broad economic sectors or business types (i.e. government, private, parastatal, non profit organizations, etc) was only introduced recently in 2008 after amendments to the Reporting forms were made in order to collect data per sector.

However, the latest aggregated EE data from 2009 EE Reports submitted by government departments (i.e. local, provincial and national) indicates the following in relation to the workforce representation in terms of race and gender per occupational level:

Ø Top management level, all males are over-represented irrespective of race, i.e. Africans (40.6%), Coloureds (8.0%), Whites (15.4%) and Indians (4.1%) when compared to their demographics of the Economically Active Population (EAP) of 39.2% (African male), 6.1% (Coloured male), 6.7% (White) and 1.9% (Indian). At the same time, except for Indian women, women of all other race groups are under-represented at this level.

Ø Senior management level, Indians and Whites irrespective of gender are over-represented at 7.9% and 29.9% when compared to their EAP of 3% and 12.2% respectively. Africans and Coloureds are under-represented irrespective of their gender at this level.

Ø Professionally Qualified level, Whites (20.4%), Indians (3.8%) and Coloureds (22.0%) are overrepresented irrespective of gender and Africans are under represented at 52.7% when compared to their EAP of 73.5%.

Ø Skilled Technical and junior management level, the only groups that are over-represented at this level are White males (6.8%), African females (39.6%), Indian females (3.7%) and White females (7.4%).

Ø Semi-Skilled level, Whites and Indians are underrepresented at 4.8% and 2.3% when compared to their EAP of 12.2% and 3.0% respectively. Africans (80.9%) and Coloureds (11.9%) are overrepresented at this level.

Ø Unskilled level, again Whites (1.1%) and Indians (1.2%) are underrepresented when compared to Africans and Coloureds that are overrepresented at 85.1% and 12.5% respectively.

(2) Yes, we have always taken steps to strengthen the monitoring and enforcement mechanisms of the implementation of the Employment Equity to address non compliance to the objectives of the Act, which is inclusive of under-representation of all racial groups in the South African workplaces both in the private and public sectors. Officials in the Department are continuously assessing compliance of employers in relation to the requirements of the Employment Equity Act through inspections and Director-General reviews that are being conducted throughout the country.

Furthermore, the Employment Equity Act, requires employers to assign employment equity to one or more senior managers, consult with its employees, conduct an analysis of its work environment, including its workforce, prepare and implement an EE Plan with numerical goals and targets to transform their workplace. In addition, prepare and submit a report to the Department of Labour based on the progress made in the implementation of their own EE Plans agreed upon through consultation with employees.

Therefore, all employers are required to set numerical goals and targets in their EE Plans to address any under or over representation of any groups across each of the occupational levels in their workforce with the objective of attaining equitable representative workforces in terms of race and gender. This includes the development and implementation of strategies intended to achieve those goals.

PARLIAMENTARY QUESTION NO 2858 (NW3541E)

2858. Adv A de W Alberts (VF Plus) to ask the Minister of Labour

(1) How many (a) incidents have there been of farmers (i) shooting at labour inspectors, (ii) acting violently towards inspectors and (iii) threatening inspectors with violence since 2004 and (b) labour inspectors have been (I) injured or (ii) emotionally damaged as a result of each specified incident;

(2) (a) on which farm, (b) in which district and (c) at what time did each specified incident take place;

(3) Whether each specified incident was reported to the police; if not, why not; if so, (a) what is the case number, (b) how many persons have been arrested and (c) how many persons have been convicted of an offence related to these incidents where farmers shot at labour inspectors;

(4) Whether any confrontation took place between farmers and labour inspectors during the visits that he had been part of, if so, (a) what was the mature of the confrontation and (b) what action he had taken during these visits;

(5) Whether his life was in danger during these visits; if so, what was the nature of these threats to life? NW3541E

Minister of Labour replied:

(1)(a)(i) and (ii) There are 17 inspectors towards which farmers acted violently against since 2004.

(iii) During the same period, 15 inspectors were threatened by farmers with violence.

(b)(i) In all incidences, no inspectors were injured.

(ii) Eight (8) inspectors suffered emotional damage.

(2)(a) The above incidences occurred in 17 farms.

(b) These incidents took place in the following district:

Aliwal North, Ugu (Kokstad), Richmond, Eston (Prospecton), Seshego (2 cases), Indermark / Vivo, Waterpoort, Dendron, Bethal, Middelburg (4 cases), Lichtenburg, Ventersdorp and Upington.

(c) Most of the incidents took placed during the day.

(3)(a) Four incidences were reported to the police and there are case numbers to that effect.

(b) No persons were arrested.

(c) One farmer has paid R 300 admission of guilt fine.

(4) Yes; I have always found a way of dealing with difficult people.In other instances I have had to pray with them.

(5) Not applicable.

QUESTION FOR WRITTEN REPLY

QUESTION NO:2798 (NW 3479E)

Mr G G Boinamo (DA) to ask the Minister of Labour:

Whether his department has any mechanisms in place to prevent protracted and violent workers' strikes affecting the country's economy adversely; if not, why not; if so, what mechanisms?

The Minister of Labour replied:

The right to strike is a right that is enshrined in the Constitution of the Republic of South Africa and should not be confused with criminal activities that arises in the midst of a strike. The Labour Relations Act gives effect to the spirit and the letter of the Constitution by regulating the right to strike for South African Labour Market. The Act provides Employees with a right to strike and employers also have the right to lock out. For the strike or lockout to be protected, it must comply with the requirements of the Labour Relations Act. The Labour Relations Act does not protect criminal activities perpetrated under the disguise of industrial action.

The Bill of Rights in the constitution states that although everyone has a right to assemble; demonstrate; and picket, it must be peaceful and unarmed. Everyone has right to life and to be free from all forms of violence from either public or private sources. As a country, we already have a number of mechanisms that can be used in a strike or lock out situation without interfering with these rights. For example:

- Any person has the right to approach the Courts to interdict a strike or lockout that does not comply with the legislative requirements.

- In instances where a strike takes a form of malicious damage to property, assault on non-striking employees and public violence, that is a criminal activity and the South Africa Police Service (SAPS) has a constitutional duty to uphold the law and to protect property and lives. We all agree that the acts of violence and intimidation during strike actions are not acceptable.

- Section 150 of the Labour Relations Act, allows the Commission for Conciliation, Mediation and Arbitration (CCMA) to intervene in disputes that are of public interest. The intention is to find resolution speedily and to further minimise any damages that could be caused by such industrial actions and there are many examples that can be cited in this regard. For example, during the construction of the stadiums for the world cup, the CCMA intervened in the construction sector strike that effected the construction of the stadiums. Due to the intervention of the CCMA, a speedy resolution was found.

QUESTION NO 2697 (NW3362E)

2697. Adv A de W Alberts (FF Plus) to ask the Minister of Labour

(1) Whether his department has made use of any consultants since the 2004-2005 financial year; if so, (a) how many (i) consultants and (ii) consultancies were used in each financial year, (b) what were their names in each case, (c) what amounts were paid in each financial year to each (i) consultant and (ii) consultancy and (d) who are the directors of the various consultancies that his department has made use of since the 2004-2005 financial year;

(2) Whether any of these consultancies were formerly in the employ of is department; if so, (a) who are these persons, (b) why did they leave the employ of his department and (c) what is the total amount that was paid to each of these consultants? NW3362E

REPLY: The Minister of Labour's written response:

1 (a - e) The Information requested is disclosed in all the Annual Reports of the Department of Labour that were tabled in Parliament since 2004/5 financial year. The Directors of these companies can be viewed on the CIPRO data base and has changed over the years. For easy of reference, the Department of Labour utilised consultants employed by companies and were paid amounts as outlined in the tables attached.

2 (a – c) None were in the employ of the Department and therefore the rest of the questions are not applicable.

QUESTION NO: 2540 ( NW3161E )

Mr N Singh (IFP) to ask the Minister of Labour:

(1) Whether he has been informed of the reports of unfair labour practices in certain textile companies in KwaZulu-Natal (details furnished); if not, what is the position in this regard; if so, what are the relevant details;

(2) whether the Government will, in light of some of these employers indicating that they would move operations to neighbouring countries, offer any special dispensation or Government assistance to such employees to avoid the loss of employment; if not, why not; if so, what are the relevant details? NW3161E

Minister of Labour replied:

(1) Yes I am aware of the problem of non-compliance by certain employers in KwaZulu-Natal and the Free State provinces with the collective agreement of the National Bargaining Council for the Clothing Manufacturing Industry (NBCCMI). The problem of non-compliance in this sector goes back a few years and the council recently embarked on a campaign to ensure compliance which resulted in the issuing of writs of execution to a number of companies in the Free State and in Newcastle in KwaZulu-Natal.

The problem does not involve unfair labour practices as defined in section 186(2) of the Labour Relations Act (no 66 of 1995), but involves payment of wages that are lower than the minimum wages contained in the collective agreement and non-payment of contributions and levies to social benefit funds and to the bargaining council.

(2) To date, government has been involved in a meeting with the parties to the NBCCMI as well as affected employers in the Free State and in two national meetings hosted by the Department of Labour. The purpose of these meetings has been to try to find a solution to a complex problem of non-compliance by employers in a sector that has experienced significant job losses due to factory closures, retrenchments and liquidation. In most cases, job losses have been caused by international competition and the importation of clothing from countries such as China. The parties to the NBCCMI have agreed that there will be a moratorium on the issuing of writs until the end of December 2010. During this time the parties will seek a sustainable solution to the challenges faced by the clothing sector.

The Minister of Trade and Industry recently launched the Clothing and Textiles Competitiveness Programme aimed at boosting the clothing sector and providing assistance to the industry in upgrading processes and products to enhance competitiveness.

Government is therefore closely involved in providing varying forms of assistance to the sector and supporting the parties to the NBCCMI to find negotiated solutions to the challenges that they face.

PARLIAMENTARY QUESTION NO:2502 ( NW3076E )

Dr P J Rabie (DA) to ask the Minister of Labour:

How many (a) institutions were put out of business by the Government in the (i) 2009-10 and (ii) 2010-11 financial years because they were unable to pay their employees the prescribed minimum wage and (b) workers lost their jobs as a result? NW3076E

MINISTER OF LABOUR REPLIED:

I have no knowledge of institutions that were put out of business by government,because they were unable to pay their employees the prescribed minimum age.

PARLIAMENTARY QUESTION NO 2466 (NW3036E)

Mr I M Ollis (DA) to ask the Minister of Labour

(1) (a) How many charges have been brought against a certain person (name furnished), (b) what is the nature of each of these charges and (c) when is it envisaged that the case will be finalized;

(2) Whether any further civil action or criminal charges will be brought against the said person? NW3036E

Minister's reply:

1 (a)&(b) The person concerned was charged and it is a disciplinary hearing matter which is instituted in terms of the Law and other Public Service prescripts. The nature of these charges cannot be divulged at this stage since this case is before a disciplinary committee.

(c) Timeframes to finalise the disciplinary process will be determined by the presiding officer.

2. Further action will depend on the outcome of the disciplinary process

QUESTION NO 2407 NW2976E

QUESTION*: Mr A Louw (DA) to ask the Minister of Labour:

(1) Mr A Low (DA) to ask the Minister of Labour

Whether (a) his department or (b) any of its entities has signed any contractual agreements with a certain company (name furnished) or any of its affiliates (i) in the (aa) 2006-07, (bb) 2007-08, (cc) 2008-09 and (dd) 2009-10 financial years and (ii) during the period 1 April 2010 up to the latest specified date for which information is available; if so (aaa) what is the nature of each contract, (bbb) what is the monetary value of each contract, (ccc) what is the (aaaa) start and (bbbb) end date of each contract, (ddd) what are the details of the process that was followed for the signing of each contract, (eee) who else tendered for each contract that was awarded and (fff) what amount did each tenderer quote in each case? NW 2976E

Minister of Labour replied:

1: The Department of Labour did not enter into any contractual agreements with any of their affiliates during any of the financial years mentioned under (i) 2006-07, (ii) 2007-08, (iii) 2008-09, (iv) 2009-10, (v) 2010-2011.

The rest of the questions under 1(a) to (e) are not applicable.

QUESTION NO2265 NW2773E

Mr A Louw (DA) to ask the Minister of Labour

Whether his department and/or any of its entities have purchased any 2010 Fifa World Cup Soccer tournament (a) clothing or (b) other specified paraphernalia; if not, what has been the position in each case; if so, in each case, (i) what are (aa) the details and (bb) the total cost of the items purchased, (ii) (aa) how many items have been purchased and (bb) why, (iii) (aa) to whom has each of these items been allocated and (bb) why have these items been allocated to these persons, (iv) (aa) on what basis was the decision taken to purchase each of these items and (bb) on whose authority was the decision taken to make these purchases?

Minister of Labour replied:

1 (a) & (b) The Department of Labour did not procure clothing for the 2010 FIFA World Cup tournament but did procure Vuvuzelas and FIFA Window signage stickers.

1 (b) (i) (aa) to (ii)(aa) A total Seven hundred (700) Vuvuzelas, Orange in colour and FIFA and DOL branded were purchased at a total cost of R45 000, Fourteen (14) window signage Soccer Decals stickers for the head office building were bought at a total cost R17 500.

1 (b) (ii) The items were bought to show the Department's support and participation in the FIFA soccer world cup marketing campaign, to mark the commencement of the event and to celebrate SA's hosting the event.

1 (b) (iii) & V The Vuvuzelas were issued to head office staff only and the signage stickers were displayed on the head office entrance front doors to mark the event as explained above.

1 (b) (vi) The Director Director-General approved the procurement of the paraphernalia.

QUESTION FOR WRITTEN REPLY N0:2208 (NW2715E)

___________________________________________________________________

Question Asked By: The Leader of the Opposition (DA)

Question Asked To: Minister of Labour

Questions:

(a) What steps has he taken since the President's announcement in his State of the Nation Address on 11 February 2010 to create youth employment through the introduction of wage subsidies; and

(b) When will he implement and roll out such wage subsidies?

The Minister's reply:

(a) Our youth need access to productive and decent work to escape abject poverty which in severe cases may result in instability and the rise of extremism. This requires a coherent approach that articulates supportive policies centered on two basic elements: on the one hand, an integrated strategy for growth and job creation and, on the other, targeted interventions to help young people overcome the barriers and disadvantages they face in entering and remaining in the labour market.

In assisting young people to overcome the barrier of lack of relevant work experience, my department has during the last 12 years until March 2010, introduced Active Labour Market Programmes that included Career guidance and placement services, recruitment and placement services, training interventions that included Apprenticeships, Learnerships, Internship and Training of Unemployed People schemes wherein we paid learners training allowances as a form of subsidies to learners whilst undergoing training under the Skills Development Act. These allowances were determined by the Employment Conditions Commission.

The employers also received Tax Allowances under the Income Tax Act scheme administered by SARS for providing work place learning to young people in their companies. Despite the transfer of skills development to Higher Education and Training as from 1st April 2010, these allowances continue to be paid to learners participating in these programmes.

(b) The proposed Youth Wage Subsidy was announced by the Minister of Finance during his budget speech .

QUESTION NO 2195 (NW2701E)

2195. Mr I M Ollis (DA) to ask the Minister of Labour:

(1) Whether he intends setting any benchmark targets for the eradication of child labour; if not, why not; if so, what are the relevant details;

(2) whether there are any benchmarks to differentiate between acceptable household chores and child labour; if not, (a) why not and (b) when will such benchmarks be set; if so, what are the relevant details;

(3) whether he will perform annual studies on child labour; if not, why not; if so, what are the relevant details;

(4) whether he will institute and table a report on child labour with acceptable benchmarks in Parliament annually; if not, why not; if so, what are the relevant details? NW2701E

Minister of Labour replied:

(1) It is important to note that the Child Labour Programme of Action acknowledges that although the number of children in employment in South Africa is relatively low and thus could be managed much more easily than in other countries, the kinds of interventions needed to deal with child labour should address the root causes of child labour. It is globally accepted as in the Child Labour Programme of Action that these root causes are poverty and lack of education.

In focusing on the root causes of the scourge a focus purely on numbers and therefore setting numerical targets would thus be contrary to the approach that the Child Labour Programme of Action sets forth. Further, even if the focus is on numbers, there is no guarantee that the root causes as identified above will not render more children susceptible to the scourge.

The focus of the Child Labour programme of Action is therefore on addressing the root causes rather than a numbers game. However, the intention of the Child Labour Programme of Action is to eradicate child labour completely.

(2) The Child Labour Programme as approved by Cabinet in 2009 sets a very clear benchmark. It further states that "work in itself is not necessarily harmful and could, in fact, be beneficial to them in many ways". The Child Labour Programme of Action further recognizes the role of cultural attitudes in considering whether work is harmful and stresses throughout the programme that work by children such as household chores, and activities such as fetching water can be beneficial to them.

The definition for child labour that informs the CLPA of "work which is exploitative, hazardous or otherwise inappropriate for their age, detrimental to their schooling or their social, physical, mental, spiritual or moral development…" provides a sufficient and very clearly stated benchmark for what constitutes child labour. It should therefore not be necessary to quantify what household chores constitute child labour beyond what the definition provides.

(3) A commitment made on tabling the Child Labour Programme of Action in Cabinet was that a biennial report would be submitted to Cabinet on the progress of its implementation. This provides a much better timeframe to evaluate the Programme of Action. The Department of Labour is currently in the process of gathering information on progress from various government departments and will present a report to Cabinet during this financial year.

(4) As indicated previously, my Department must submit a biennial report to Cabinet on the implementation of the Child Labour Programme of Action. This report will look at the progress made by various government departments guided by the child labour indicators as set out within the CLPA. Further the statistical agency of government, Statistics South Africa as part of its Quarterly Labour Force Survey, attached a child labour module to the survey. This will also be done on a regular basis. I am of the view that this process of reporting will provide an adequate view on both our progress in addressing the root causes that informs child labour but also assess whether we have achieved against the indicators for child labour that was developed and set out in the CLPA.

QUESTION NO 2172 (NW2675E)

Adv A de W Alberts (VF Plus) vra die Minister van Arbeid:

Of hy beoog om 'n arbeidsburo te skep waardeur geskoolde persone wat hul werk weens regstellende aksie verloor het, vir werk kan aansoek doen ten einde sistemiese tekortkominge in die ekonomie aan te vul; so nie, waarom nie; so ja, wat die tersaaklike besonderhede is? NW2675E

Adv A de W Alberts (FF Plus) asks the Minister of Labour:

If he intends to establish a labour bureau where skilled persons who lost their jobs as a result of affirmative action can apply for work in order to supplement systemic short-comings in the economy; if not, why not; if yes, what is the relevant detail of such bureau? NW2675E

Minister of Labour replied:

This question is rather strange seeing that the representation of Whites at the middle-to-upper levels are four-to-five times their EAP, whereas Blacks are a fraction of their EAP at these levels. In addition, the trend shows that most people who were recruited and promoted over the past ten years at these levels have mainly been White – Is the Honorable Member saying that lucrative jobs should only go to the White population at the expense of suitably qualified individuals from designated groups, especially Blacks!

Nevertheless, I do not intend to establish a labour bureau as envisaged by the Honorable Member because the law does not provide for any person to lose their job because of affirmative action. The law does not allow for absolute barriers - the addressing of under-representation through affirmative action can only take place where there is natural attrition. The Department of Labour does, however, have an employment services system called ESSA where all South Africans seeking employment are able to register their Curriculum Vitae at labour centres.

Question Asked by: Mr. A Louw

Question Asked to: Minister of Labour

Question:

  1. Whether the department uses the services of any temporary employment agency to provide staff or workers, if so, in each case, (a) how many staff/workers does temporary employment agencies provide, (b) where do these people work, (c) has the department established any agreements or relationships with these agencies or associations that represent them; if so what are the relevant details; if not, why not
  2. Whether any first time job seekers registered with the departments ESSA database, if so, (a) how many registered in (i) 2005, (ii) 2006, (iii) 2007, (iv) 2009, (vi) 2010 to date, (b) how many found employment through this database?

Minister of Labour replies:

  1. The Department does not make use of any temporary employment agency to provide staff or workers. Therefore (a) Not applicable; (b) Not applicable and (c) is also not applicable.

  1. The ESSA system database was only rolled out in 2007. Therefore (a)(i) and (ii) are not applicable. The work seekers registered with the Department are referred to training, careers counseling and placement in job opportunities depending on their needs. Those specifically placed in employment are provided below for the periods: 2007-08; 2008-09, 2009-10 and 2010-11 quarter 1(April 2010 to June 2010).

No.

Statistical year

Total Registrations per year

Total Placements per year

% first time job seekers

1.

2007-08

169059

5578

59%

2.

2008-09

421686

14898

61%

3.

2009-10

636140

7008

60%

4.

2010-11 (Q1)

97596

2793

56%

Question Number 2057 (NW 2455E)

2057. Mr. I M Ollis (DA) to ask the Minister of Labour:

1. Whether the Director-General of the Department, Mr Jimmy Manyi, has been suspended, if so, what are the reasons for his suspension ?

2. Whether an investigation has been initiated into his conduct whilst employed within the capacity as Director-General of the department ?

3. Whether there is a pending disciplinary hearing against Mr Jimmy Manyi, if so (i) when will this hearing take place ?

4. Whether an Acting Director-General has been appointed, if so, what are the relevant details regarding the (i) date of appointment of the Acting Director-General and (ii) the name and qualifications of the newly appointed individual ?

MINISTER OF LABOUR REPLIED :

1. The Director-General of the Department, Mr Jimmy Manyi, has been suspended.

Reason for suspension – There are allegations of misconduct against Mr Manyi

2. Yes an investigation was conducted and it transpired that there are misconduct allegations and has a case to answer.

3. There is a pending disciplinary hearing against Mr Jimmy Manyi. The hearing was set down for the 27 July 2010 and was postponed on request by Mr. Manyi.

4. An Acting Director-General for the Department has been appointed.

(i) The date of appointment of the Acting Director General is 04 June 2010

(ii) On the 4. June 2010 Mr. Sam Motoroba has been appointed to act as D.G. until further notice. Mr. Motoroba is currently a Deputy Director General responsible for Employment Services and previously he was responsible for Skills Development. He has been in the Department of Labour way before I became the Minister of Labour in 1998.

QUESTION NO 2193 (NW2699E)

Mr I M Ollis (DA) to ask the Minister of Labour: NW2699E

(1) How many individuals have lost their jobs by (a) retrenchment, (b) being fired and (c) shedding by economy during the period 1 July 2009 to 30 June 2010 in the (a) public and (b) private sector;

(2) Whether any individuals were retrained in the lay-off training scheme for the same period; if not, what is the position in this regard; if so, what are the relevant details?

Minister of Labour replied:

(1) (a& (b) The Department of Labour data regarding individuals that have lost jobs by retrenchment, dismissals or affected by the closure of business is collected through the Unemployment Insurance Fund, This data is recorded on a monthly basis and the labour force survey uses the same data in publishing their quarterly reports.

Using the consolidated Quarterly Labour Force Survey (QLFS) the number of job losses is as follows:

Change in employment by type of enterprise/business

Apr-Jun 2009

Jul-Sep 2009

Oct-Dec 2009

Jan-Mar 2010

Apr-Jun 2010

Thousand

National/Provincial/Local government

- 14

- 4

15

- 23

Government controlled business (e.g. Eskom/Telkom)

- 1

- 4

- 21

13

Private enterprise

- 433

165

- 204

- 43

Non-profit organisation (NGO/CBO)

- 2

3

3

- 18

Private household

- 34

- 71

36

12

Others

- 2

- 1

- 2

Total

- 485

89

- 171

- 61

(2) The number of people assisted through the Training Layoff scheme which commenced during September 2009 is as follows.

· There is a total of ten cases where the training process is under way involving

5 271 workers;

· There are two cases where training has been completed wherein a total of 184 was involved.

· During August 2010, a total of 22 companies along with the associated trade unions submitted applications covering a total of 6 028 workers. The applications are currently in a process of being finalised by implementing partners, namely the CCMA, SETAs and the Department of Labour/Department of Higher education and Training Committee.