ATC210513: Report of the Portfolio Committee on Employment and Labour on Budget Vote 31: Employment and Labour, the Strategic Plan of the Department and Entities 2020/21 – 2024/25 and the Annual Performance Plan of the Department and Entities 2020/21, Dated 12 May 2021
Employment and Labour
Report of the Portfolio Committee on EMPLOYMENT AND LABOUR on Budget Vote 31: EMPLOYMENT AND Labour, the Strategic Plan of the Department AND ENTITIES 2020/21 – 2024/25 AND the ANNUAL PERFORMANCE PLAN of THE DEPARTMENT AND ENTITIES 2020/21, dated 12 may 2021
The Portfolio Committee on Employment and Labour, having considered the budgets of the Department and its entities in line with their 2020 - 2025 strategic plansand annual performance planswhich were presented on 5 and7May 2021, reports as follows:
1. INTRODUCTION
The Department of Employment and Labour derives its legislative mandate from the Constitution, particularly the Bill of Rights. Some of the relevant sections include section 9-Equality; section 10-Human dignity;section13-Slavery, servitude and forced labour; section 16-Freedom of expression; section 17 - Assembly, demonstration, picket and petition; section 18-Freedom of association; section 22-Freedom of trade, occupation and profession; as well as section 23-Labour relations. These Constitutional rights are given effect through various pieces of legislation, including the Labour Relations Act (1995); the Basic Conditions of Employment Act (1997); the Employment Equity Act (1998); the Occupational Health and Safety Act (1993);the Employment Services Act (2014); and the National Minimum Wage Act (2018).
This report covers the Strategic Plan of the Department 2020-2025, Annual Performance Plan 2021/22 and the Budget Review of the Department and its entities. It is based on presentations made to the Portfolio Committee on Employment and Labour on 5, and 7 May 2021.
2. THE STRATEGIC PLAN OF THE DEPARTMENT OF EMPLOYMENT AND LABOUR 2020- 2025
2.1. Programmes and entities of the Department
The functions of the Department are structured into four programmes, namely:
- Programme 1: Administration
- Programme 2: Inspection and Enforcement Service
- Programme 3: Public Employment Services
- Programme 4: Labour Policy and Industrial Relations
The following entities report to the Department:
- Unemployment Insurance Fund (UIF)
- Commission for Conciliation, Mediation and Arbitration (CCMA)
- Compensation Fund (CF)
- National Economic Development and Labour Council (NEDLAC)
- Productivity South Africa (PSA)
2.2. The Department and Medium Term Strategic Framework (MTSF) 2020 - 2025
In the medium term the Department will contribute to the following government service delivery MTSF priorities:
- Priority 1: A capable, ethical and Developmental State
- Priority 2: Economical transformation and job creation
- Priority 3: Education, skills and health
- Priority 4: Consolidating the social wage through reliable and basic services
- Priority 6: Social cohesion and safer communities
- Priority 7: A better Africa and a better world
2.3. Strategic plan per government MTSF priorities
2.3.1. Priority 1: A capable, ethical and developmental State
The outcome for this priority is to have a functional, efficient and integrated government. The five-year target is to fill all funded vacant posts within 4 months of becoming vacant. The current vacancy rate for the Department is 10%. The five-year target is to maintain a 3% vacancy rate.
With regard to ICT, the Department aims to ensure 98% system availability through acquisition, maintenance and improvement of ICT services. The availability of ICT system currently stands at 90%.
2.3.2. Priority 2: Economic transformation and job creation
The first outcome for Priority 2 is more decent jobs created and sustained, with youth, women and persons with disabilities prioritised. The five-year target is to monitor and report on the target of creating 275 000 jobs per year, which was set by the Presidential Job Summit agreement.
To create 256 050 jobs for the youth in contribution to the Job Summit Agreement target of creating 1 million jobs through the Presidential Comprehensive Youth Employment interventions by 2024.
Furthermore, the Department plans to have the Employment Policy finalised and implemented by 2024. The policy aims to regulate employment of foreign nationals, without being xenophobic.
The second outcome for this government priority is to invest for accelerated inclusive growth. The five-year target is to inspect 18 420 workplaces, inclusive of 1 820 DG reviews and ensuring that these workplaces are transformed.
The third target is to ensure increased economic participation, ownership, access to resources, opportunities and wage equality for women, youth and persons with disabilities. The five-year target is to inspect 838 560 workplaces to enforce compliance with the National Minimum Wage Act and the Basic Conditions of Employment Act.
2.3.3. Priority 3: Education, skills and health
The five-year target for this objective is to inspect 421 620 workplaces for compliance with Occupational Health and Safety legislation. The Department conducted 23 844 inspections in the previous financial year and 397 776 are planned for the 2021/22 to 2024/25 financial years.
2.3.4. Priority 4: Consolidating the social wage through reliable and basic services
The outcome for this priority is to have comprehensive social security coverage. This would be achieved through enforcement of compliance to Unemployment Insurance Act, Unemployment Insurance Contributors Act and Compensation for Occupational Injuries and Diseases Act. The five-year target is to inspect 131 580 employers so as to improve coverage for employees.
2.3.5. Priority 6: Social cohesion and safer communities
The outcome for this government priority is to achieve equal opportunities, inclusion and redress. To this end, the Department is in the process of amending the Employment Equity Act, so as to set sector targets. The ultimate aim is to have the Employment Equity Act amended, enacted and enforced by 2024.
The Department’s five-year target is to achieve at least 50% representation of Africans at middle and senior management levels and 2.5% representation of persons with disabilities in employment by 2024.
The Department also aims to develop and implement anincomedifferential data collection tool (EEA4 form) for designated employers by 2022.
2.3.6. Priority 7: A better Africa and a better World
The five-year target for this government priority is to fulfil 90% of the country’s obligations to SADC and AU as well as ensuring that South Africa’s participation in international organisations is secured to advance national interest.
2.4. The Annual Performance Plan of the Department of Employment and Labour
Table 1: Budget allocation of the Department 2021/22
Programme |
Revised Estimates |
Medium Term Expenditure Estimate |
|||
R-thousand |
2020/21 |
2021/22 |
2022/23 |
2023/24 |
|
1. |
Administration |
926 814 |
1 003 867 |
1 026 754 |
1 030 432 |
2. |
Inspections and Enforcement Services |
613 449 |
633 801 |
637 206 |
638 357 |
3. |
Public Employment Services |
588 664 |
610 157 |
618 939 |
621 554 |
4. |
Labour Policy and Industrial Relations |
1 170378 |
1 257 888 |
1 276 404 |
1 280 891 |
Total |
3 299 305 |
3 505 713 |
3 559 303 |
3 571 234 |
|
Economic Classification |
|
|
|
|
|
Current Payments |
1 942 196 |
2 076 461 |
2 101 928 |
2 104 802 |
|
Compensation of Employees |
1 364 452 |
1 375 657 |
1 384 089 |
1 384 763 |
|
Goods and Services |
577 744 |
700 804 |
717 839 |
720 039 |
|
Transfers and Subsidies |
1 292 282 |
1 362 061 |
1 385 731 |
1 392 088 |
|
Payment for Capital Assets |
64 827 |
67 191 |
71 644 |
74 344 |
|
Total |
3 299 305 |
3 505 713 |
3 559 303 |
3 571 234 |
Source: Presentation to the PC on Employment and Labour dated 5 May 2021
2.4.1. Programme 1: Administration
The purpose of this programme is to provide strategic leadership, management and support services to the Department.
The budget allocation for Programme 1 amounted to R1 billion in 2021/22 financial year. This is the second highest programme budget allocation after Programme 4.
The annual performance plan of the programme includes:
- Vacant funded posts maintained at 3% or less every quarter.
- A gender responsive recruitment process. To have 45% of SMS positions occupied by women.
- To increase systems availability to 98%.
- Resolution of 93% reported incidents of corruption in the Department by disciplinary and criminal interventions.
- Compile one Annual Financial Statement by 31 May 2021 and three Interim Financial Statements 30 days after each quarter. The financial statements must comply with guidelines issued by the National Treasury.
- Reporting of all detected irregular and unauthorised expenditure cases to the Accounting Officer.
- Reporting of all detected fruitless and wasteful expenditure cases to the Accounting Officer.
2.4.1.1. Risks and Mitigation
Key Risks
- Inability of modernisation programme to meet intended objectives.
Risk Mitigation
- Business process reengineered.
- Business process mapping.
- Stakeholder engagement.
Key Risk
- Structural deficiencies/ inadequate organisational structure to service the Department.
Risk Mitigation
- Facilitate review of the existing Departmental structure.
- Engage National Treasury to secure funding through the OCFO.
Key risk
- Increase in vacancy rate.
Key Mitigation
- HR audits to be conducted.
- Reconciliation of approved structure and PERSAL information.
- Monitoring of vacancy rate.
- Advocacy sessions twice a year.
Key Risk
- Increase in fraud and corruption.
Key Mitigation
- Management to sensitize officials about the stance of zero tolerance to fraud and corruption during staff meetings.
- Implementation of consequence management.
- Frequent improvement on system controls.
- Continuous reporting of all suspicions to Risk Management Unit.
- Continuous conducting fraud and ethics awareness.
- Every report/ transaction to be scrutinised prior to being signed-off.
- Conduct monthly verification including (monthly reconciliation, statistics verification, etc.)
Key Risk
- Budget spending not aligned with performance targets and structures.
Key Mitigation
- Engage departmental executives to reconfigure MSS across the branches to monitor the budget spending.
- Follow up and report progress on procurement plans.
Key Risk
- Non-submission of financial statements as per stipulated time frames.
Key Mitigation
- Distribute financial circulars with dates for timely submission and compliance.
Key Risk
- Failure to detect and report irregular expenditure.
Key Mitigation
- Separation of finance and SCM functions to be headed by specialists in the Provinces.
- Capacity building of the newly appointed personnel.
- Induction and training of finance on circulars.
Key Risk
- Poor, below standard security services and outdated security infrastructures.
Key Mitigation
- Security assessment to be conducted per province.
- Upgrading security systems.
- Support procurement of contract security services and alarms systems at the provinces.
Key Risk
- Exposure of the department to litigation.
Key Mitigation
- Development and implementation of the litigation strategy.
- Advocacy sessions with business.
- MOUs signed with business units.
2.4.1.2. Budget Cuts Implications
- The ICT plan to improve on the current ageing infrastructure and services will not be fully implemented.
- The Department will implement the priority areas that urgently need to be attended to.
- The full rollout of tools of trade to enable staff to work remotely.
- Prioritise the key personnel and revisit the current specification of the mobile devices without compromising on quality and ensuring that the coverage is widened.
- The network will not be upgraded to meet the required standards of the SAP applications.
- Explore the use of mobile network to lessen the burden on the SITA network.
- The Department will not be able to capacitate its disaster recovery site to meet the minimum required standards, the current measures are not adequate according to the set industry standards.
- Explore cloud disaster recovery solutions.
- Attracting requisite appropriate skills within the ICT environment
- Reskilling the existing personnel to cover the shortcomings in the skills set.
- The inability to capacitate the department and address emerging governance issues such as ethics management, human resources needs, OHS and Employee Health and Wellness matters, which have become very critical since the existence of COVID 19.
- The creation of contract, non-permanent positions in the short-term to deal with the capacity deficiencies in the needy areas.
2.4.2. Programme 2: Inspection and Enforcement Services
The purpose of this programme is to realise decent work by regulating non-employment and employment conditions through inspection and enforcement, to achieve compliance with all labour market policies.
The budget allocation for this programme amounted to R633.8 million in the2021/22 financial year.
The annual performance plan of this programme includes:
- To inspect 296 904 employers in 2021/22 financial year to determine compliance with employment law. Of these inspections, 60 696 and 62 688 will be conducted in Gauteng and KwaZulu-Natal respectively. The majority of the inspections (168 384) will be to determine compliance to the Basic Conditions of Employment Act.
- To serve 90% of non-compliant employers with notices in terms of relevant labour legislation within 14 calendar days of the inspection.
- To refer 65% of non-compliant employers for prosecution within 30 calendar days.
- To conduct 4 seminars and 2 conferences in 2021/22 financial year to enhance awareness of employment law.
2.4.2.1. Key Risks and Mitigation
Key Risk
- Non-compliance by employers and users with labour legislation.
Key Mitigation
- Strengthening of sector specific advocacy by utilising various platforms at both the provincial and national level.
- Improve the conducting of follow-up inspections to strengthen monitoring in areas of non-compliance.
- Effective implementation of existing MOUs.
- Establish and maintain partnerships in key sectors where there are no MOUs.
- Provinces to commission blitz inspections in targeted problematic or high risk areas.
- Improve on referring all employers who fail to comply with expired notices for prosecution.
2.4.2.2. Budget Cut Implications
- There will be reduction of visits to workplaces as travelling may have to be curtailed.
- Inspectors may not be provided with tools of trade, especially in reference to refreshing of laptops and provision of cars.
- Advocacy and outreach campaigns will be affected. The objective of empowering stakeholders in terms of the offering of our employment laws may not be realised.
- Theirs is likely to be decrease in the rate of enforcing compliance of employers/ entities who are flouting the law.
- The training and development programme of inspectors may not be fully realised.
The following are mitigating strategies:
- Improving stakeholder relations to ease funding needs and collaborate on areas of agreement as regulated by various MOUs.
- Taking advantage of technology so that we are enabled to conduct remote inspections where possible, training, advocacy sessions.
- Streamlining some processes to build in efficiencies e.g. Conducting only DG reviews and reassessments in the space of EEA instead of conducting procedural inspections.
- Exploring models that would improve self-regulation. This could free up resources that will focus only in areas of concern.
2.4.3. Programme 3: Public Employment Services
The purpose of this programme is to provide assistance to companies and workers to adjust to changing labour market conditions and to regulate private employment agencies.
The budget allocation for this programme amounted to R610.2 million in the 2020/21 financial year.
The annual performance plan of this programme includes:
- To register 800 000 work-seekers on the Employment Services of South Africa (ESSA) database. Of these, 208 000 and 136 000 work-seekers will be registered in Gauteng and KwaZulu-Natal respectively.
- To register 100 000 employment opportunities on ESSA. Of these, 19 158 and 15 790 opportunities will be registered in Gauteng and KwaZulu-Natal.
- To provide 230 000 work-seekers with employment counselling in 2021/22 financial year. Of these 47 460 and 29 206 work-seekers provided with employment counselling will be in Gauteng and KwaZulu-Natal respectively.
- To fill 50 000 registered employment opportunities with registered work-seekers. Of these, 9 579 and 7 895 registered employment opportunities will be filled with registered work-seekers in Gauteng and KwaZulu-Natal.
- To conclude 20 partnership agreements with various stakeholders.
- To develop and approve one policy in the year 2021/22.
2.4.3.1. Key Risks and Mitigation
Risks
- Insufficient placement of registered work-seekers in registered opportunities.
Risk Mitigation
- Collaboration with the Presidency Programme Management Office, UIF, other departments and entities, the private sector and NGOs in providing a range of work seeker services.
- Further development of ESSA online services.
- Establishment of youth centres and roll-out of 24 PES mobile units.
- Conclusion of strategic partnership agreements with employers and institutions to use ESSA for recruitment.
- Development and implementation of National Employment Policy (sub-themes of amendments to employment services legislation).
- Provision of funding to entities assisting PES inemployment promotion (SEE, Productivity SA, CF, NGOs, UIF)
2.4.3.2. Budget Cuts Implications
- The budget reductions of R25,000m in 2021/22, R45,000m in 2022/23 and R77,000m in 2023/24 over the MTEF period were effected on PES.
- The budget reduction on CoE, Goods and Services, Transfers and Subsidies have negative impact on service delivery.
- Procurement of Goods and Services for additional recruited staff as well as, tools of trade to assist them to carry out their functions got limited.
- Attempt to close gap on work-seekers to access the labour market, were restricted, including PES ability to assist work-seekers with job search and placement.
- Plans were put in place to obtain external funding for the procurement of goods and services.
- Donor funding were accessed to establish employment services mobile units to enhance work seekers employability and placement.
- Implementation of section 12 of the Employment Services Act by UI and CF is on process.
2.4.4. Programme 4: Labour Policy and Industrial Relations
The purpose of this programme is to facilitate the establishment of an equitable and sound labour relations environment and the promotion of South Africa’s interests in international labour matters through research, analysis and evaluating labour policy, and providing statistical data on the labour market, including providing support to institutions that promote social dialogue.
The budget allocation for this programme amount to R1.3 billion in 2021/22 financial year. This is the highest programme budget allocation of the Department of Employment and Labour.
The annual performance plan of this programme includes:
- To finalise Employment Equity Act amendments by 31 March 2022
- To publish the 2020-2021 Annual Employment Equity Report and Public Register by 30 June 2021.
- To develop2021-2022 Annual Employment Equity Report and Public Register by 31 March 2022.
- To publish the Code of Good Practice on elimination of harassment and violence in the world of work by 31 March 2022.
- To review the National Minimum Wage level by 31 March 2022.
- To assess and verify 100% of collective agreements within 180 working days of receipt by 31 March 2022.
- To approve or refuse 100% of labour organisations’ applications for registration within 90 working days of receipt by 31 March 2022.
- To have two reports on the implementation of bilateral cooperation and multilateral obligations signed off by the Minister by 30 April 2021. The annual implementation report will be signed off by the Minister by 30 April 2021 and the mid-term implementation report signed off by the Minister by 31 October 2021.
- To produce four annual labour market trend reports on the impact of labour legislation. Two will be produced by end of June 2021 and two by end of March 2022.
- To produce two research reports and two data collection instruments in line with RME Agenda by 31 March 2022.
2.4.4.1. Key Risks and Mitigation
Key Risks
- Insufficient labour market research conducted in terms of monitoring the impact of legislation.
Risk Mitigation
- Developing a monitoring and evaluation agenda which lists a number of research topics that would be outsourced and conducted over a period of 24 months.
- Limit number of research that requiring tender procurement and increase procurement through RFQ.
- Procure an online survey tool to facilitate more research conducted internally by departmental staff.
2.4.5. Supported Employment Enterprises (SEE)
The purpose of the SEE is to:
- Facilitate supported employment for people with disabilities;
- Provide work opportunities for persons with disabilities;
- Develop and implement programmes that promote the employability of persons with disabilities, including persons with permanent disablement as defined in the COIDA (Act No. 130 of 1993), in the light of their evolving needs in a changing economy; and
- Perform any other function as may be prescribed by the Minister.
2.4.5.1. SEE Strategic Plan
SEE contributes to government priority 2, which is economic transformation and job creation. The first outcome of this priority for the SEE is to provide additional job opportunities for people with disabilities. The outcome indicator is the number of jobs created through the presidential comprehensive youth employment interventions. SEE currently employs over 1 250 people with disabilities.
The five-year target is as follows:
- 25 additional persons with disabilities employed in the SEE factories by the end of March 2021.
- 25 additional persons with disabilities employed in the SEE factories by the end of March 2022.
- 120 additional persons with disabilities employed in the SEE factories by the end of March 2023.
- 130 additional people with disabilities employed in the SEE factories by the end of March 2024.
- 100 people with disabilities employed by 31 March 2025.
The second outcome of priority 2 is to increase the sales revenue. The outcome indicator is the percentage sales increase to ensure financial viability and growth.
SEE currently generates R61 million and receives R141 million in transfer funding. Its strategic intent is to generate over R200 million per annum by strengthening relationships and
SEE five-year target is as follows:
- 5% annual increase of sales revenue from goods and services by the end of March 2021.
- 5% annual increase of sales revenue from goods and services by the end of March 2022.
- 25% annual increase of sales revenue from goods and services by the end of March 2023.
- 35% annual increase of sales revenue from goods and services by the end of March 2024.
- 40% annual increase of sales revenue from goods and services by the end of March 2025.
The third outcome of priority 2 is to increase the SEE’s market share. The outcome indicator is to establish customer agreements for sustainable income to implement the SEE mandate. SEE has entered into three customer agreements.
SEE five-year target for this outcome is as follows:
- Three customer agreements entered into by the end of March 2021.
- Five customer agreements entered into by the end of March 2022.
- Seven customer agreements entered into by the end of March 2023.
- Ten customer agreements entered into by the end of March 2024.
- Five customer agreements entered into by the end of March 2025,
2.4.5.2. SEE Annual Performance Plan 2021/22
The annual performance targets for 2021/22 are as follows:
- To employ 25 additional persons with disabilities in the SEE factories by the end of March 2022.
- To achieve an annual increase of 5% in sales revenue from goods and services by the end of March 2022.
- To enter into five customer agreements by the end of March 2022.
2.4.5.3. Key Risks and Mitigation
Key Risk
- Inability to generate work opportunities.
Risk Mitigation
- Improved marketing.
- Develop new innovative products.
- Secure five new customer agreements.
- Increase sales by 5%.
The entities reporting to the Department of Employment and Labour made their presentations to the Portfolio Committee on Employment and Labour in the order outlined below.
3. ENTITIES OF THE DEPARTMENT OF EMPLOYMENT AND LABOUR
The entities reporting to DEL are:
3.1. Unemployment Insurance Fund (UIF)
3.2. Commission for Conciliation Mediation and Arbitration (CCMA)
3.3. National Economic Development and Labour Council (NEDLAC)
3.4. Productivity South Africa (PSA)
3.5. Compensation Fund (CF)
3.1. Unemployment Insurance Fund (UIF)
The Constitutional mandate of the UIF is derived from section 27(1)(c) of the Constitution of the republic of South Africa.
- The UIF provides social security to its contributors in line with section 27(1)(c); which states:
“everyone has the right to have access to social security, including, if they are unable to support themselves and their dependants, appropriate social assistance”.
The UIF administers the following legislation:
- The Unemployment Insurance Act (Act No. 20 of 2001) as amended, which empowers the UIF to register all employers and employees for unemployment insurance benefits.
- The Unemployment Insurance Contributions Act (Act No. 4 of 2002), which provides for the imposition and collection of contributions for the benefit of the UIF.
The Unemployment Insurance Fund (UIF) contributes to the following government priorities:
- Priority 1: A capable, ethical and developmental State
- Priority 2: Economic transformation and job creation
- Priority 4: Consolidating social wage through reliable and basic service
- Priority 6: Social cohesion and safe communities.
3.4.1. Strategic Plan of the 2020 - 2025
3.4.1.1. Five year indicators and targets per government priority
Priority 1: A capable, ethical and developmental State.
Table 2: Indicators and targets per Priority 1
Outcome |
Outcome Indicator |
Baseline |
Five year target |
Functional and efficient UIF |
Improved audit opinion obtained from the Auditor-General |
Obtained a qualified audit opinion in 2018/19 |
Clean audit opinion obtained by March 2024 |
Wasteful, fruitless and irregular expenditure reduced |
|
100% elimination of wasteful and fruitless expenditure and 75% reduction of irregular expenditure by March 2024 |
|
Improved turnaround time to pay suppliers |
99.98% (6 654/6 655) within 30 calendar days as at March 2020 |
100% valid invoices paid 30 calendar days after receipt by March 2024 |
|
Improved resolution of reported incidents of fraud and corruption. |
69.5% (16/23) as at January 2020 |
95% resolution of reported incidents of corruption in UIF by March 2024 |
|
COVID-19 interventions implemented. |
No baseline information. |
90% of COVID-19 TERS applications with valid, accurate and complete information paid within 5 working days after receipt by March 2021. |
|
COVID-19 TERS ICT system implemented |
No baseline information |
COVID-19 TERS ICT system developed and deployed by March 2021. |
|
Identified COVID-19 cases verified. |
No baseline information |
100% of identified COVID-19 cases verified by march 2024 |
|
Functional ethics structure |
No baseline information |
Ethics committees established and terms of reference adhered to by March 2024 |
|
Financially sustainable UIF |
Sustainable administrative expenditure |
13.7% (750 336/ 5 460 507) as at March 2020 |
≤15% by March 2025 |
Improved return on listed investments |
Benchmark: -10.88% Performance: -8.25% 2.63% achievement as at March 2020 |
Percentage returns on listed investments ≥ the benchmark by March 2025 |
|
Strengthened institutional capacity of the Fund |
Improved human resource capacity |
Vacancy rate was 6.6% (45 posts/602 establishment) as at April 2020 |
≤5% by March 2025 |
Source: Presentation to the PC: Employment and Labour dated 5 May 2021
Priority 2: Economic transformation and job creation
Table 3: Indicators and targets per Priority 2
Outcome |
Outcome Indicators |
Baseline |
Five year target |
Moe decent jobs created. |
UIF assets and management funds set aside for funding employment creation schemes |
Budgeted R7.6 billion for next three years |
10% set aside by March 2025 |
Source: Presentation to the PC: Employment and Labour dated 5 May 2021
Priority 4:Consolidating the social wage through reliable and quality basic services
Table 4: Indicators and targets per Priority 4
Outcome |
Outcome Indicator |
Baseline |
Five year target |
An inclusive and responsive social security coverage |
Integrated Claims Management System (ICMS) implemented, support and maintenance provided |
Request for handover submission has been approved by the National Treasury |
Support and maintenance of the ICMS by March 2023 |
An inclusive and responsive social security coverage |
Registered 795 178 new employees as at March 2020. |
4 600 000 new employees registered by March 2025 |
|
Registered 59 984 new employers as at March 2020 |
4 500 000 newly registered employers by march 2025 |
||
96% (57 394/ 59 984) new companies were created with registration document (UI54) within 1 working day as at March 2020 |
100% of new companies created with registration document (UI54) within 5 working hours by March 2024 |
||
93% (8-98/ 8 677) applications with complete information were issued with compliance certificates, tender letters or non-compliance letters within 10 working days as at March 2020. |
98% unemployment benefit claims with complete, accurate and verified information approved or rejected within 8 working days by March 2022. |
||
92% (126 442/ 136 897) of in-service benefits; maternity illness and adoption benefits were approved or rejected within 10 working days as at March 2020. |
98% of in-service benefits; maternity illness and adoption benefit claims with complete, accurate and verified information approved or rejected within 5 working days by march 2022. |
||
95% (14 539/ 15 337) of deceased benefit claims were approved/ rejected within 20 working days as at March 2020. |
98% of deceased benefit claims with complete, accurate and verified information approved or rejected within 10 working days by March 2022. |
Source: Presentation to the PC: Employment and Labour dated 5 May 2020
Priority 6: Social cohesion and safer communities
Table 5: Indicators and targets per Priority 6
Outcome |
Outcome Indicators |
Baseline |
Five year target |
Equal opportunities, inclusion and redress. |
Improved representation of the designated groups across occupational levels |
87% (69/79) as at April 2020. ≥75% of Africans in middle and senior management level by Marc 2024 2.8 % (16 officials/ 562) of employees with disabilities employed within the UIF as at 2020 |
≥2.5% of persons with disabilities between the age of 15 and 65 employed in line with EEA by March 2024 |
3.4.2. Annual Performance Plan 2021/22
Table6: 2020/21 Budget and MTEF Estimates
Programme |
Revised Estimate |
Medium Term Expenditure Estimate |
|||
2020/21 |
2021/22 |
2022/23 |
2023/24 |
||
R’000 |
R’000 |
R’000 |
R’000 |
||
1. |
Administration |
2 973 475 |
3 278 842 |
3 419 105 |
3 526 909 |
2. |
Business Operations |
97 039 920 |
43 895 962 |
28 053 390 |
21 818 841 |
3. |
Labour Activation Programme |
2 757 777 |
2 931 272 |
3 060 248 |
3 194 899 |
Total |
102 771 171 |
50 106 076 |
34 532 743 |
28 540 649 |
Source: Presentation to the PC: Employment and Labour dated 5 May 2021
Annual Performance Plan per Programme
3.4.2.1. Programme 1: Administration
The purpose of the Administration programme is to provide management, strategic and administrative support services to management. This programme received a budget of R3.278 billion in 2021/22 financial year.
The annual performance targets for this programme are:
- To reduce wasteful and fruitless expenditure by 30%.
- To reduce irregular expenditure by 20%.
- To maintain cost of administrative expenditure at no more than 15 percent.
- To pay all valid invoices within 30 calendar days after receipt.
- To maintain a vacancy rate of no more than nine percent.
- To employ two percent of persons with disabilities in line with EEA.
- To have not less than 75% representation of Africans in senior and middle management levels maintained in line with EEA.
- To replace Siyaya with SAP system.
- To create 5000 jobs through UIF funding and investment initiatives.
- To resolve all internal and external audit findings.
- To finalise simple cases of fraud within 30 working days, complex cases within 90 working days and COVID-19 cases within 60 working days.
- To establish ethics and transformation committee and produce two reports on the functioning of the Committee and have reports approved by UIC.
3.4.2.2. Programme 2: Business Operations
The purpose of this programme is to collect contributions and pay benefits. This programme is allocated R50.561 billion in 2021/22 financial year.
The annual performance targets for this programme are:
- To register 80 000 new employers
- To register 860 000 new employees.
- To create 95% new companies with complete, accurate and verified information with registration documents (UI54) within one working day.
- To issue compliance certificates, tenders letters or non-compliance letters to 90% of applications with complete, accurate and verified information within ten working days.
- 95% of complete, accurate and verified benefit payment documents created after receipt within five working days.
- To approve or reject 90% of valid claims (unemployment benefit) with complete, verified and accurate information within 15 working days.
- To approve or reject 92% of valid claims (in-service benefits, maternity, illness and adoption benefits) with complete, verified and accurate information within 10 working days.
- To approve or reject 92% of valid claims (deceased benefits) with complete, verified and accurate information within 20 working days.
3.4.2.3. Programme 3: Labour Activation Programme
The purpose of this programme is to enhance employability, enable entrepreneurship and preserve jobs through labour market integration measures that seek to retain or reintroduce contributors into employment. This programme is allocated R2.931billion in the 2021/22 financial year.
The annual performance targets of this programme are:
- To increase the number of youths participating on Public Employment Programmes for enhanced employability to 12 210.
- To approve or reject 90% of Temporary Employer Employee Relief Scheme (TERS) applications within 15 working days.
- To provide 40 700 UIF contributors with learning opportunities.
- To support 30 cooperatives and 15 SMMEs.
3.2. Commission for Conciliation Mediation and Arbitration (CCMA)
The CCMA’s constitutional mandate is drawn directly from section 23 of the Constitution of the republic of South Africa that deals with labour relations.
The CCMA is a statutory body established in terms of section 112 of the Labour Relations Act (LRA).
In terms of section 113 of the LRA, the CCMA is independent of the State, any political party, trade union, employer, employers’ organisation, federation of trade unions or federation of employer’ organisations.
The CCMA contributes to the following priority areas of government:
- Priority 1: Capable, ethical and developmental State
- Priority 2: Economic transformation and job creation
- Priority 3: Education, skills and health
- Priority 4: Consolidating the social wage through reliable and basic services
- Priority 6: Social cohesion and safer community
- Priority 7: a better Africa and world
The work of the CCMA is structured into the following five programmes:
- Administration
- Proactive and relevant labour market intervention
- Special interventions and support
- Efficient and quality dispute resolution and enforcement services
- Effective strategy management and governance
3.2.1. Annual Performance Plan 2021/22
3.2.1.1. Programme 1: Administration
This programme aims to achieve the following targets in 2021/22 financial year:
- To achieve one percent net surplus.
- To achieve 1:1 ratio of safety to cash margins.
- To implement 100% of human resource plan.
- To have 50% automation and integration of case disbursement (dispute resolution process) deployed.
- To have 95% of uptime ICT critical systems implemented.
3.2.1.2. Programme 2: Proactive and Relevant Labour Market Intervention
This programme aims to achieve the following targets in 2021/22 financial year:
- To conduct six collective bargaining support processes for strategically identified users.
- To conduct three pre-collective bargaining conferences for strategically identified users.
- To engage eight targeted workplaces to implement transformation of workplace relations project(s).
- To deliver eight vulnerable sector projects to targeted users.
- To attain 65% of positive ratings on participant evaluation outcomes.
- To conduct nine interventions to promote effective dispute resolution in essential services.
- To engage three stakeholders to make inputs on legislative changes.
- To engage 84 entities to ensure that there are minimums to be maintained during industrial action in essential services.
- To monitor six essential services designations, minimum services agreements, minimum services determination and/ or maintenance service determinations for compliance and observance.
- To conduct ten awareness sessions on essential services designation.
3.2.1.3. Programme 3: Special Interventions and Support
This programme aims to achieve the following targets in 2021/22 financial year:
- To implement 100% of Phase 2 of the CCMA/ BUSA SME Labour Support Web Tool.
3.2.1.4. Programme 4: Efficient and Quality Dispute Resolution and Enforcement Services
This programme aims to achieve the following targets in 2021/22 financial year:
- To hear 95% of conciliable cases within 30 days at first event (excludes agreed extensions, where certificates were issued, out of jurisdiction cases/ withdrawn/ settled by parties cases prior to the matter being scheduled, no process cases and cases which are not conciliable or where conciliation is not first process).
- To render 98% of arbitration awards within 14 days of the conclusion of the arbitration proceedings (excludes extensions granted and heads of arguments filed).
- To resolve 52% of disputes of interests.
- To conduct 100% of section 71 of the LRA cases (as and when referred).
- To conduct 100% of section 73 of the LRA cases (as and when referred).
- To conduct 100% of section 75 of the LRA cases (as and when referred).
- To conduct two self-initiated cases in order to determine whether or not the whole or a part of any service is an essential service.
- To achieve 97% quality of awards index.
- To reach 80 000 users who access CCMA services from identified sectors.
- To implement all advocacy campaigns planned.
- To save 38% of jobs compared to employees likely to be retrenched (as per the cases referred to the CCMA).
- To achieve 8% return to work index.
- To resolve 64% of public interest disputes.
3.2.1.5. Programme 5: Effective Strategy Management and Governance
This programme aims to achieve the following targets in 2021/22 financial year:
- To conduct one strategic forecasting and situational analysis.
- To implement 100% of 2021/22 Compliance Management Plan.
- To implement 100% of 2021/22 Risk Management Plan.
Table 7: Overview of the 2020/21 Budget and MTEF
Programme |
Approved Budget |
Medium Term Estimates |
|||
2020/21 (R’000) |
2021/222 (R’000) |
2022/23 (R’000) |
2023/24 (R’000) |
||
1. |
Administration (High Performance Institution) |
208 665 |
221 386 |
207 194 |
207 194 |
2. |
Proactive and relevant labour market intervention |
12 091 |
13 842 |
13 548 |
13 548 |
3. |
Special mediation interventions and support |
14 335 |
14 767 |
13 975 |
13 975 |
4. |
Efficient and quality dispute resolution and enforcement services |
685 294 |
722 384 |
746 537 |
750 092 |
5. |
Effective strategy management and governance |
34 746 |
34 120 |
34 135 |
34 135 |
TOTAL |
955 131 |
1 006 499 |
1 015 389 |
1 018 944 |
Source: Presentation to the PC on Employment and Labour dated 5 May 2021
3.2.2. Impact of Budget Over the MTEF Period
- The CCMA’s statutory mandate will not be fully achieved as matters referred will only be executed based on available resources, which is 57% of the total budget required for the part time commissioners. This might impact the CCMA on meeting the statutory obligation of conciliating matters within 30 days, rendering awards within 14 days.
- The CCMA will also experience delays in allocating dates for matters to be heard and fulfilling the discretionary mandate, and possible increase in litigation costs resulting from matters not set or part-heard.
- The impact of CCMAs ability to assist with payments to Sheriffs for enforcement services they offer to vulnerable employees.
- Information technology enhancements projects have been placed on hold. Some of the projects placed on hold were planned for enhancing services delivery to ensure that the labour market is served expeditiously.
- Terms and conditions of staff employment were affected negatively by the budget cuts, as the entity will not meet all expected conditions related to staff employment, such as salary increases and performance bonuses.
- Existing human resources are expected to be stretched even further with high fatigue levels, leading to increased absenteeism and lower productivity. The recruitment process of all vacancies within the organisation was placed on hold’ This decision will impact critical vacancies, skills retention and succession planning of the organisation.
- The budget reduction also has an impact to contractual obligations, as the government grant allocation is aligned to expenditure growth.
3.3. The Compensation Fund (CF)
The mandate of the CF is derived from section 27(1)(c) of the Constitution of the Republic of South Africa. In terms of this section, all South Africans have a right to social security. The CF is mandated to provide social security to all injured and diseased employees.
The CF is established in terms of section 15 of the Compensation for Occupational Injuries and Diseases Act (COIDA) as amended. The main objective of the Act is to provide compensation for disablement caused by occupational injuries or diseases sustained or contracted by employees or for death resulting from such injuries or diseases and provide for matters connected therewith.
3.3.1. Strategic Plan 2020/21 – 2024/25
The CF is responding to the three Medium Term Strategic Framework (MTSF) priorities to deliver its vision and to help realise the objectives of the National Development Plan (NDP) 2030 over its five-year term. The priorities are:
- Priority 1: Capable, ethical and developmental State;
- Priority 2: Economic transformation and job creation; and
- Priority 4: Consolidating the social wage through reliable and basic services.
Impact statement of the CF includes:
- Sound and sustainable control environment, transformed financial sector, enhanced institutional capacity to deliver and improve accessibility and visibility of COID services.
- Sustainable CF based on ethical principles.
- Ethical, effective, efficient, accessible and cost effective compensation of beneficiaries.
- Reliable, efficient and cost-effective medical benefits system.
- Efficient, effective and reliable rehabilitation and return to work services for the promotion of rights of injured workers with disabilities.
3.3.1.1. Strategic Priorities of the CF and Five Year MTSF Targets
- Improve the system of internal control and maintain financial soundness
- 95% of received return of earnings assessed.
- 10% increase in assets per annum.
- Unqualified audit opinion obtained by 31 March 2024
- 100% elimination of wasteful and fruitless expenditure by 31 March 2024.
- 75% reduction of irregular expenditure by 1 March 2024.
- Percentage resolution of reported incidents of corruption in the CF.
- Ensure appropriate benefits are delivered to intended beneficiaries, efficiently and at a reasonable cost
- 95% of compensation claims adjudicated.
- 100% of compensation benefits paid within five working days.
- 95% of medical benefits finalised.
- 90% of severely injured workers enrolled into rehabilitation programmes.
- Service agreements signed with the Mutuals and fully implemented.
- Contribute to employment and economic growth through rehabilitation and re-integration
- 20% of assets managed by black asset managers.
- 300 jobs created through the Presidential Comprehensive Youth Employment interventions by 31 March 2025.
- 7000 decent jobs created through job summit initiatives by March 2025.
- Improve operational efficiency through process reengineering and technological innovation
- Support the implementation of the integrated claims management system by 31 March 2023.
- Develop the capacity of the CF to deliver according to its mandate
- 8% vacancy rate by March 2025.
- 100% implementation of the visibility and accessibility programme by 31 March 2025
- Embed ethical culture and zero tolerance to fraud and corruption
- 80% resolution of reported incidents of corruption by 31 March 2025.
- Establish ethics committees and adhere to terms of reference.
3.3.2. Annual Performance Plan 2021/22
3.2.2.1. Programme 1: Administration
This programme aims to achieve the following targets in the 2021/22 financial year:
- To allocate R200 million to Small and Medium Enterprises.
- To create 1000 decent jobs through jobs summit initiatives (Investment activities).
- To increase assets by 10% per annum.
- To reduce matters affecting the audit opinion by 75%.
- To reduce wasteful and fruitless expenditure by 50%.
- To reduce irregular expenditure by 25%.
- 40% implementation of programmes in the approved visibility and accessibility strategy.
- To investigate 65% of reported cases.
- To conduct annual ethics risk assessment
- To reduce the vacancy rate to 9.9%.
- To produce four quarterly reports and one annual report on monitored performance of Mutuals reporting to the CF.
3.2.2.2. Programme 2: COID Services
This programme aims to achieve the following targets in the 2021/22 financial year:
- To assess 85% of received return of earnings annually.
- To adjudicate 85% of claims received within 30 working days.
- To pay 90% of approved benefits within 5 working days.
3.2.2.3. Programme 3: Medical Benefits
This programme aims to achieve the following targets in the 2021/22 financial year:
- To finalise 90% of requests for pre-authorisation of Specialised Medical Interventions within 10 working days of receipt.
- To finalise 85% of accepted medical invoices within 40 working days of receipt.
3.2.2.4. Programme 4: Orthotic and Rehabilitation Services
This programme aims to achieve the following targets in the 2021/22 financial year
- To finalise 85% of requests for assistive devices within 15 working days.
- To fund 1149 learners annually at post school education and training institutions.
- To fund 200 persons with disabilities annually for vocational rehabilitation programme.
3.2.3. Budget MTSF 2021/22 – 2023/24
Table 8: Budget of the Compensation Fund
Programme |
2021/22 R’000 |
2022/23 R’000 |
2023/24 R’000 |
Administration |
7 273 598 |
7 491 806 |
7 791 478 |
COID Services |
1 691 846 |
1 742 601 |
1 812 306 |
Medical Benefits |
4 586 073 |
4 723 655 |
4 912 601 |
Orthotic and Medical Rehabilitation |
229 901 |
236 798 |
246 269 |
TOTAL |
13 781 417 |
14 194 860 |
14 762 654 |
Source: Presentation to the PC on Employment and Labour dated 7 May 2021
The total budget for 2021/22 financial year is estimated to be R13, 781 billion.
The Fund brought the following to the attention of the Committee:
- The budget inputs do include the effects of the COID Amendment Bill which will increase benefits costs and the effects of the new employer classification model which will reduce revenue.
- Investment income and fair value adjustments included in revenue assume a positive economic growth.
3.4. Productivity South Africa
Productivity SA is a schedule 3A public entity of the Department of Employment and Labour with the responsibility to fulfil an economic or social mandate of government, which is to promote employment growth and productivity thereby contributing to South Africa’s socio-economic development and competitiveness.
Productivity SA is governed by a tripartite board consisting of seven members appointed in terms of section 33 of the Employment Services Act (Act No.4 of 2014), namely Chairperson and six members (four from NEDLAC: two representing organised Labour and two representing organised business) and two members representing Government; and the Executive Committee comprising of eight members.
Productivity SA has three regions comprised as follows:
- Region 1: Gauteng, North West and Limpopo
- Region 2: Western cape, Free State and Northern Cape
- Region 3: KwaZulu Natal, Eastern Cape and Mpumalanga
The functions of the Productivity SA are to:
- Promote a culture of productivity in the workplace;
- Facilitate and evaluate productivity improvement and competencies in workplaces;
- Support initiatives aimed at preventing job losses;
- Measure and evaluate productivity in the workplace; and
- Maintain a database of productivity and competitiveness systems and publicise same; and to undertake productivity related research.
For businesses to be assisted by Productivity SA, they should meet the following criteria:
- Operational (Proof of transactions such as invoices and orders)
- Regulatory compliance (UIA, COIDA, Income Tax Act)
- Financials
- Operating premises
3.4.1. Strategic Plan 2019 - 2024
Productivity SA contributes to two MTSF priorities of government, which are priority 1 and priority 2.
Priority 1: A capable, ethical and developmental State.
Productivity SA reported that it is riding a successful wave on measures taken to eliminate wasteful, fruitless and irregular expenditure.
Priority 2: Economic transformation and job creation.
Productivity SA business model is anchored on this priority through the following flagship programmes:
- Competitiveness Improvement Services
- Business turnaround and Recovery
- Research, Innovation and Statistics
The impact statement of Productivity SA is to promote full and productive employment and decent work for all.
Table 9: Priority 1-Capable, ethical and developmental State
Outcome |
Outcome Indicator |
Baseline |
Five-year target 2019/20-2023/24 |
Implementing Programme |
|
1.1.Percentage of SMMEs paid within 30 days of receipt of statement |
100% |
Payment of SMMEs within 30 days of receipt of statement |
Administration/ Corporate Services |
1.2.Percentage reduction on fruitless and wasteful expenditure |
10% reduction from baseline of R518,000.00 |
Elimination of fruitless and wasteful expenditure detected |
Administration/ Corporate Services |
Source: Productivity SA presentation to PC on Employment and labour dated 7 May 2021
Table 9: Priority 2-Economic transformation and job creation
Outcome |
Outcome Indicator |
Baseline |
Five-year target 2019/20-2023/24 |
Implementing Programme |
|
2.1.Number of jobs created (and retained) through job summit initiatives |
0 jobs saved |
40300 |
BT&R |
0 companies facing economic distress supported |
806 |
|||
0 workplaces/ future forums members trained |
2418 |
|||
2.2.Number of SMMEs and other enterprises supported to improve their competitiveness and sustainability to preserve and create decent jobs |
5588 SMMEs and other enterprises supported through CIS in 2018/19 |
8108 |
|
|
New indicator-entrepreneurs, workers and managers capacitated to promote the culture of productivity |
7878 |
|
||
217 productivity champions capacitated to build awareness and promote a stronger culture of productivity in 2018/19 |
1615 |
|
||
2.3.Advocacy and public awareness programmes to promote a culture of productivity and competitiveness |
10 productivity awards and regional milestone conducted |
50 |
Corporate Relations |
Source: Presentation to the PC on Employment and Labour dated 7 May 2021
3.4.2. Annual Performance Plan 2021/22
3.4.2. Annual Performance Plan per Programme
3.4.2.1. Programme 1: Administration/ Corporate Services
- To pay 100% of SMMEs within 30 days of receipt of statement.
- To reduce fruitless and wasteful expenditure by 10% from base line of R518,000.00.
- To commence 100% of planned training interventions.
- To host ten productivity awards and regional milestone workshops.
3.4.2.2. Programme 2: Competitiveness improvement Services
- To support 1252 SMMEs and other enterprises through Competitiveness Improvement Services.
- To capacitate 2000 entrepreneurs, workers and managers to promote the culture of productivity.
- To capacitate 323 productivity champions to build awareness and promote a stronger culture of productivity in South Africa.
3.4.2.3. Programme 3: Business Turnaround and Recovery
- To save 9550 jobs in companies facing economic distress.
- To support 191 companies facing economic distress through turnaround strategies to retain jobs.
- To train and capacitate 573 workplaces/ future forum members on productivity improvement solutions per annum.
3.4.2.4. Programme 4: Research, Innovation and Statistics
- To publish and disseminate two research reports and publications on priority sectors.
- To publish and disseminate two statistical reports on productivity and competitiveness.
3.4.2.5. Budget of the Productivity SA per programme
Table 10: Budget per Programme
Expenditure per Programme |
2021/22 |
2022/23 |
2023/24 |
Administration |
59 042 |
61 090 |
62 877 |
Research, Innovation and Statistics Services |
9 769 |
10 073 |
10 234 |
Business Turnaround and Recovery |
110 845 |
117 495 |
122 783 |
Competitiveness Improvement Services |
18 642 |
19 560 |
20 070 |
TOTAL |
198 298 |
208 218 |
215 964 |
Source: Presentation to the PC on Employment and Labour dated 7 May 2021
The larger portion of the budget was allocated to Business Turnaround and Recovery programme.
3.4.2.6. Budget by Strategic Objective
Table 11: Budget by Strategic Objective
Expenditure per Strategic Objective |
2021/22 |
2022/23 |
2023/24 |
Strengthen the institutional capacity of Productivity SA to deliver on its mandate and be financially sustainable |
10 818 |
11 193 |
11 372 |
To improve productivity for sustained inclusive economic growth and competitiveness |
18 642 |
19 56o |
20 070 |
To support enterprises facing economic distress and initiatives aimed at preventing job losses |
110 845 |
117 495 |
122 783 |
Generation and dissemination of productivity related research and statistics |
9 769 |
10 073 |
10 234 |
To promote a culture of productivity and competitiveness in the workplace and community life |
48 224 |
49 897 |
51 505 |
TOTAL |
198 298 |
208 218 |
215 964 |
Source: Presentation to the PC on Employment and Labour dated 7 May 2021
The larger portion of the budget was allocated to strategic objective of supporting enterprises facing distress and initiatives aimed at preventing job losses.
3.5. National Economic Development and Labour Council
The National Economic Development and Labour Council (NEDLAC) was established through the National Economic Development and Labour Council Act, Act 35 of 1994, and it operates in terms of its constitution and protocols. NEDLAC’s objectives are:
- To strive to promote the goals of economic growth, participation in economic decision-making and social equity.
- To seek to reach consensus and conclude agreements on matters pertaining to social and economic policy.
- To consider all proposed labour legislation relating to labour market policy before it is introduced in Parliament.
- To consider all significant changes to social and economic policy before they are implemented or introduced in Parliament.
- To encourage and promote the formulation of coordinated policy on social and economic matters.
NEDLAC identified the following government priorities as relevant to it for the Medium Term Strategic Framework (MTSF) 2019 – 2024:
- Priority 1: Economic transformation
- Priority 2: A capable, ethical and developmental State.
With regard to priority one, NEDLAC’s goal is to contribute to the achievement of decent work and the economic growth targets, as set out in the National Development Plan (NDP) and the New Growth Path (NGP), and contribute to the reduction of social inequity, as measured by the Gini coefficient.
With regard to priority two, NEDLAC aims to improve governance, leadership and secretariat performance as measured by a reduced number of relevant audit findings, and increased levels of stakeholder satisfaction.
3.5.1. Strategic Plan of NEDLACper Programme
Table12: 2021/222 NEDLAC Budget Information
Programme |
2021/22 |
2022/23 |
2023/24 |
|
R’000 |
R’000 |
R’000 |
||
1. |
Administration |
37 504 |
37 327 |
37 594 |
2. |
Core-operations |
17 529 |
17 529 |
17 529 |
3. |
Capacity building |
4 937 |
4 937 |
4 937 |
|
TOTAL |
59 970 |
59 793 |
60 060 |
Source: Presentation to the PC on Employment and Labour dated7 May 2021
The total budget allocation for 2021/22 financial year amounted to R59.9 million. More than half of the budget, which is R37.5 million or 62.5% is allocated to the Administration programme. Programme 2 received the second highest budget allocation of R17.5 million or 29.2% of the total budget of the entity. Capacity building programme received the least budget allocation of R4.9 million or 8.2% of the total budget of the entity.
3.5.1.1. Programme 1: Administration
The four year targets of the Administration programme ae as follows:
- To obtain an unqualified audit opinion every year.
- Over 75% positive feedback through an annual digital survey of social partners.
- Over 75% positive feedback on governance processes at NEDLAC.
- 100% of monitoring and evaluation products delivered.
3.5.1.2. Programme 2: Core-operations
This programme contributes to the achievement of the National Development Plan’s Priority 1: Economic transformation and job creation.
The five-year targets for this programme are:
- Over 75% positive feedback through an annual digital survey of social partners (can look at issues such as document preparation, meeting notices, quality of reports).
- Over 75% positive feedback through an annual digital survey of social partners (Will look at issues such as quality of inputs provided as well as meeting processes for social compacts).
- Over 75% positive feedback through annual digital survey of social partners (will look at quality of reports submitted to Parliament, section 77 protocols
- 100% of processes completed within agreed time frames.
3.5.1.3. Programme 3: Capacity-building Funds
This programme contributes to the achievement of the National Development Plan’s Priority 6: A capable, ethical and developmental State.
The five-year target for this programme is:
- Over 70% positive feedback through an annual digital survey of social partners (can look at issues such as speedy repayment of data claims).
- Over 70% positive feedback through an annual digital survey of social partners (will look at issues such as provision of lawyers, consultants to advice and support constituencies).
- Over 70% positive feedback – through evaluation forms at the end of training provided (will look at provision of training workshops, labour schools which is not only aimed at the representatives at NEDLAC).
3.5.2. Annual Performance Plan for 2020/21 financial year
3.5.2.1. Programme 1: Administration
The annual targets for the Administration programme are as follows:
- Unqualified audit opinion obtained by 31 March each year
- 100% of reasonable facility related complaints resolved.
- 100% of contracts awarded to suppliers within two months of closing date od advert implemented.
- 100% of planned training interventions completed.
- 80% of milestones for the 2022/23 year met
- Two planned monitoring and evaluation products submitted by 31 March including mid-term report.
3.5.2.2. Programme 2: Core operations
The annual targets for programme 2 are as follows:
- 100% of dialogues reports released within 14 working days of hosting of dialogue.
- 75% of agreements successfully concluded within six months of the issues being tabled unless otherwise agreed.
- 100% of reports concluded within six months of the issue being tabled.
- 100% section 77 standing committee reports concluded within five days of the resolution of the matter.
3.5.2.3. Programme 3: Capacity Building
- 80% of requests as per agreed plan provided.
- 80% of technical assistance requested in plan provided.
- 80% of training requested in plan provided.
- COMMITTEE OBSERVATIONS
The Committee made the following observations:
- There has been interruption in planning, execution of plans, sourcing of resources and their distribution that has been occasioned by the breakout of pandemic. COVID-19 has stalled economic activities, job creation and livelihoods.
- In the Department, advocacy and outreach campaigns will be affected. As a result, the objective of empowering stakeholders in terms of the offering employment laws may not be realised due to budget cuts.
- Transformation in the Department and entities remains a priority.
- The SEE is not benefiting from any source of preferential treatment from the State, despite the Committee recommendations.
- The Supported Employment Services (SEE) has developed new innovative products to improve their financial sustainability.
- The Compensation Fund (CF) budget has not taken into account the COID Amendment Bill, which will increase benefits costs and the effects of the new employer classification model that will reduce revenue.
- The Compensation Fund (CF) audit outcome have not improved and the Fund has not been updating the committee on the progress of the implemented turnaround plan of the Fund.
- Entities such as CCMA, NEDLAC and Productivity SA play complementary roles in ensuring effective and efficient relationship between labour and business.
- The budget cuts to the CCMA has had a negative impact on its plans.
- NEDLAC received the budget of R59.9 million, which will be reduced to R59.7 million in the next financial year.The budget cut to the entity will have a negative impact on its ability to meet its mandate.
- The Role of NEDLAC has shifted in practice in line with the Job Summit commitments and the response to the pandemic.
- The budget cut to the CCMA will have a negative impact on its ability to meet its mandate.
- Productivity SA (PSA) aims to improve productivity levels with a holistic approach by country level, industry levels and enterprise level.
- COMMITTEE RECOMENDATIONS
In view of the above observations, the Committee recommends that the Minister of Employment and Labour considers the following:
5.1 Department of Employment and Labour
- The Department must continue to step up its initiatives and programmes that support an enabling environment for job creation, especially given the pandemic impact on the labour market.
- The Department and entities must prioritise the implementation and enforcement of consequence management.
- The Department must improve its efforts on inspection and enforcement to ensure adherence to all labour laws, especially during a pandemic.
- The Department should continue to monitor compliance to the Covid-19 Directives of levels as issued.
- The Department new set target of Gender responsive recruitment target of 45 per cent of Senior Managers Services (SMS) positions occupied by Women must have a clear timeline to ensure transformation is achieved.
5.2 Entities
Supported Employment Services (SEE)
- Inability to generate work opportunities remains a challenge, thus the entity must provide a detail action plan on how in plans to improve this and report to the committee on quarterly basis the progress.
- The entity must provide the committee with a detail marketing strategy of the entity.
- The department must work with National treasury to ensure that SEE receive preferential treatment from the State.
Unemployment Insurance Fund (UIF)
- The entity must ensure speedy finalisation of simple cases of fraud and report progress on complex cases to the committee quarterly basis.
- Provide and action plan on how it plans to create 5000 jobs through UIF funding and investment initiatives and report to the committee on quarterly basis.
- The UIF must improve its administration across the board and must report to the Committee on a regular basis.
Productivity SA (PSA)
- The entity must ensure workers understand the need to be productive, thus achieve high productive levels.
- The entity must be appointed to assist the compensation fund to improve its productivity levels.
- Productivity champions must be more visible across provinces.
- Productivity must provide a list of small business assisted by the entity and details on how it helps small business improve productivity.
NEDLAC
- Additional funding must be made available to the NEDLAC to enable it to fully implement its statutory obligations.
- Given the changing roles, the entity must ensure that it has the required capacity amongst staff due to the increased need of facilitation and leadership.
- NEDLAC must ensure that agreement with stakeholders are enforced.
- NEDLAC must provide feedback on the reviewed entity statues.
- NEDLAC must ensure effective and efficient engagement with stakeholders to ensure pressure on the CCMA is reduced.
CCMA
- Additional funding must be made available to the CCMA to enable it to fully implement its statutory obligations.
- In the advancing the digitalisation of CCMA, the entity must sure, it does not exclude the most vulnerable from accessing assistance. Thus must develop clear strategy on how it plans to ensure that non tech-savvy individuals can still access the entity.
- CCMA services have to be decentralised to labour centres.
Compensation Fund (CF)
- The Compensation Fund (CF) must provide a detail financial plan on how it plans to deal financial implication of the amended COIDA bill.
- The Fund must ensure that systems support is available and that staff is adequately trained for the new system.
- The Fund must improve communication with the users of the systems of the entity and must address complaints better to ensure improved stakeholder relationship.
- The Fund must provide an action plan how it plans to address the Mahlangu v Ministry of Labour Constitution judgement, to give effect to the retrospective payments from 27 April 1994 to date.
- The Fund must improve audit outcome for 2021/22 financial period.
- The Fund must provide the number black asset managers that are given an opportunity by the Fund.
- The Fund must provide progress on the Action Plan on quarterly basis.
Report to be considered.
Documents
No related documents