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DEPARTMENT OF LABOUR PRESENTATION TO THE PORTFOLIO COMMITTEE ON LABOUR

DEPARTMENT OF LABOUR PRESENTATION TO THE PORTFOLIO COMMITTEE ON LABOUR WORKSHOP ON BUDGET REVIEW. 02 JULY 2014. 1. Table of contents. Background on the Department of Labour - Organizational structure - Vision & Mission - Legislative, Policy mandate and Amendments

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DEPARTMENT OF LABOUR PRESENTATION TO THE PORTFOLIO COMMITTEE ON LABOUR

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  1. DEPARTMENT OF LABOUR PRESENTATION TO THE PORTFOLIO COMMITTEE ON LABOUR WORKSHOP ON BUDGET REVIEW 02 JULY 2014 1

  2. Table of contents Background on the Department of Labour - Organizational structure - Vision & Mission - Legislative, Policy mandate and Amendments - Labour Market challenges - DOL capacity Overview of DOL Programmes and Entities DOL Finances - 2013/2014 Budget allocation and expenditure - 2014 budget allocation and challenges 4. DOL Strategic Plan 2014-2019 - Alignment with NDP and MTSF 5. DOL Programmes 2013 / 2014 Annual Performance, Challenges and Annual Performance Plan 2014/2015 5.1 Programme 1 Administration 5.2 Programme 2 Inspection and Enforcement 5.3 Programme 3 Public Employment Services 5.4 Programme 4 Labour Policy and Industrial Relations 2

  3. 1.1. DoL’s Top Organizational Structure

  4. 1.2. DoL’s Top Organizational Structure 4

  5. 1.3. Our Vision The Department of Labour will strive for a labour market which is conducive to investment, economic growth, employment creation and decent work

  6. 1.4. Our mission Regulate the south African labour market for a sustainable economy through : appropriate legislation and regulations Inspections ,compliance monitoring and enforcement Protection of human rights Provision of employment services Promoting equity Social and income protection Social dialogue 6

  7. 1.5. Our Values • We treat employees with care, dignity and respect • We respect and promote: - Client centred services - Accountability - Integrity and ethical behaviour - Learning and development • We live the Batho Pele Principles • We live the principles of the Department’s Service Charter • We inculcate these values through our performance management system.

  8. 1.6. CONSTITUTIONAL MANDATE The DOL’s legislative framework is informed by the South African Constitution, Chapter 2 & Bill of Rights: • Section 9, ensure equal access to opportunities • Section 10, promotion of labour standards & fundamental rights at work • Section 18, Freedom of association • Section 23, to ensure sound Labour relations • Section 24, to ensure an environment that is not harmful to the health & will being of those in the workplace • Section 27, to provide adequate social security nets to protect vulnerable workers • Section 28, to ensure that children are protected from exploitative labour practices & not required or permitted to perform work or services that are inappropriate for a person of that child’s age or their well being, education, physical or mental health or spiritual, moral or social development is placed at risk • Section 34, access to courts & access to fair and speedy labour jusctice

  9. 1.7. Legislative and other Policy Mandates The South African Constitution and related policies and prescripts, and learning from the various ILO Conventions and International Labour Standards, the Department of Labour administers the following labour legislation: • Labour Relations Act 66 of 1995 (LRA); • The Basic Conditions of Employment Act 75 of 1997 (BCEA); • The Employment Equity Act 55 of 1998 (EEA); • The Unemployment Insurance Act 30 of 1996 (UIA); • The Occupational Health and Safety Act 85 of 1993 (OHSA); • The Compensation for Occupational Injuries and Diseases Act 130 of 1993 (COIDA); and • National Economic Development and Labour Council (NEDLAC) Act, 35 of 1994. • Employment Services Act (Act No. 4 of 2014)

  10. 1.7.1. Progress on legislative amendments • Basic Conditions of Employment Act, Act No.20 of 2013 • Promulgation target date : July 2014 2. Employment Equity Act, Act No. 47 of 2013 • Regulations that include method and criteria for equal pay for work of equal value finalised at NEDLAC • Promulgation target date: July 2014 3. Labour Relations Amendment Bill, 2012 • Currently with the State President for his assent • Draft Regulations are being finalised

  11. 1.7.1. Progress on legislative amendments 4. Employment Services Act, Act No.4 of 2014 • Promulgation of chapters 1, 2, 4, 5 and 6 target date: July 2014 • Unemployment Insurance Fund Amendment Bill NEDLAC report and Cabinet approved Bill referred to Parliament 6. During 2014/2015 the Department will finalise proposed amendments to: - Occupational Health and Safety Act and - Compensation for Occupational Injuries and Diseases Act 11

  12. 1.8. Challenges that DOL face in the Labour Market • Unemployment and under employment • Changing nature of work • Inequalities and unfair discrimination • Domestic and cross border labour migration • Inadequate instruments for constant performance, monitoring and evaluation of labour market and programmes to determine their impact on the economy

  13. 3 509 953 Population: Major economic hub: 18 178 sq km Land area: 125 754 sq km; Pop. 5 404 868; 1 136 km; 104 882 land area sq Population 12 272 263; employed 4 794 unemployment rate (333 000 000 employed and 256 000 unemployed (18.4% 27.7% 000, unemployed 1 669 000 and 25.8% unemployment rate) in March 2014. GDP 7.1% unemployed); and 870 000 unemployment rate in March 2014) employed in March 2014 GDP 6.4% GDP 34.7% contribution to SA economy Highest labour absorption Smallest GDP growth & economic contribution with 1 145 861 people, 372 889 sq km, 29% unemployment rate (126 000 unemployed) and 308 000 employed in March 2014. GDP 2.2 % Population: 4 039 939; land area 76 495 sq km; 30.4% unemployment rate (492 000 unemployed); and 1 127 000 employed in March 2014 GDP 7.1% 2 745 590 land Population: sq km area 129 825 34.7% unemployment rate(384 000 unemployed); and 724 000 employed in March 2014. GDP 5.2% 6 562 053 Population: 168 966 land area sq km; largest 29.4% unemployment rate nd 2 - SA economy with 94 361 rd 3 largest - SA economy with 5 822 734 people ( 556 000 unemployed); sq km, 10 267 300 people, 2 527 000 living in 129 462 sq km, 2 237 000 employed, 1 332 000 and employed in employed and 20.7% unemployment rate (659 20.9% unemployment rate (593 000 unemployed) March 2014, GDP 7.5% in March 2014. GDP 14% 000 unemployed) in March 2014 GDP 15.8%

  14. 1.9. Our Presence country-wide • - HQ and 2 Funds in Pretoria • 9 DoL Provincial Offices • 126 Labour Centre Offices • 19 Mobile Units to access remote area visiting points • 2 well equipped PES Busses • - Provide services in 72 out of 139 Thusong Centres once a week Limpopo Mpumalanga Gauteng North West KwaZuluNatal Free State Northern Cape Eastern Cape Western Cape

  15. 2. Department of Labour Programmes 2014/2015 4. DEPARTMENT OF LABOUR PROGRAMMES: 2010/11 DoL programmes are as follows: • Programme 1: Administration:Ministry; Deputy Minister, Director General’s Office; Corporate Services (CS), Chief Operations Officer (COO), Chief Financial Officer (CFO) • Programme 2: Inspection and Enforcement Services (IES) • Programme 3: Public Employment Services • Programme 4: Labour Market Policy & Industrial Relations • Protected Employment Enterprises (currently trading as Sheltered Employment Factories • Unemployment Insurance Fund (Schedule 3A Public Entity) • Compensation Fund (Schedule 3A Public Entity)

  16. 2.1. Public Entities Associated with DOL Entities established in terms of various legislations to assist DOL to meet its mandate: • Commission for Conciliation, Mediation and Arbitration (CCMA) • National Economic Development and Labour Council (NEDLAC) • Productivity South Africa

  17. 2.2. Programme 1 :Administration Ministry and Deputy Ministry: provides oversight to ensure that the Department’s mandate is achieved Office of the Director-General: provides administrative oversight for effective implementation of the Department’s mandate & overall accounting oversight Chief Operations Officer: manages & directs medium term strategies planning processes, performance information reporting, monitoring & evaluation of performance against plan & the service delivery improvement plan Corporate Services: provides support services that include HRM, Internal Audit, Risk Management, Communication & Legal Services Office of the Chief Financial Officer provides financial management, transport & accommodation 17

  18. 2.5. Programme 2 :Inspections and Enforcement (IES) To realise decent work by regulating non-employment and employment conditions through inspections and enforcement in order to achieve compliance with all labour legislation Total of 830 of which 160 are OHS inspectors, 336 Team leaders, 75 Principal Inspectors and 129 vacancies Ration of inspectors in developing countries is 1 inspector for 20 000 entities whilst in SA 1 inspector is looking after 114 000 entities resulting in ineffective enforcement of OHS Act provisions 18

  19. 2.6. Programme 3:Public Employment Services (PES) Provides assistance to companies and workers to adjust to changing labour market conditions and to regulate private employment private employment agencies. Employment Services Counsellors 95 and Employment Services Practitioners 214 19

  20. 20

  21. Protected Employment Enterprises (currently trading as Sheltered Employment Factories) Established through a Cabinet decision in 1948 as Service Products Factories. Legal status included in the Employment Services Act 2014 Functions: • provide work opportunities for disabled people; • facilitate on-the-job training for disabled people, leading to qualifications and competencies that enable access to jobs and income generation capability in the labour market in accordance with the Skills Development Act, 1998 (Act No.97 of 1998); • provide training and assist in placing people with disabilities in employment; • provide technical assistance to emerging and existing enterprises that promote the employment of people with disabilities; • remain flexible and adaptable to meet the changing needs of people with disabilities in a changing economy.

  22. 2.7. Programme 4:Labour Policy and Industrial Relations Facilitate the establishment of an equitable and sound labour relations environment and the promotion of South Africa’s interests in international labour matters through researching, analysing and evaluating labour policy and providing statistical data on the labour market, including providing support to the institutions that promote social dialogue. 22

  23. 3. DEPARTMENT OF LABOURFINANCES PRIOR YEAR’S REVIEW

  24. 3.1. AUDIT OUTCOMES 2012/13 24

  25. AUDIT OUTCOMES 2012/13 25

  26. ACHIEVEMENTS • 2010/11 • SAIGA awards 1st position for National Departments • 2011/12 • SAIGA awards 3rd position for National Departments • 2012/13 • SAIGA awards 1st position for National Departments 26

  27. 3.2. DEPARTMENT OF LABOUR FINANCIAL REPORT 2013/14

  28. 3.2.1. BUDGET ALLOCATION 2013/14 28

  29. 3.2.2. UNAUDITED EXPENDITURE RESULTS 2013/14 29

  30. 3.3. BUDGET ALLOCATION 2014/15 30

  31. 3.3.1. 2014/15 BUDGET PER PROGRAMME 31

  32. 3.3.2. BUDGET REVIEW 2014/15 The 2014 budget was decreased by R106 million of which R63 million on Compensation of Employees. • (60%) of the reduction was meant for capacitation of the Inspectorate • the remaining (40%) was allocated for the capacitation of IT services taken back from the Private Partner 32

  33. 3.4. MEDIUM TERM EXPENDITURE FRAMEWORK (MTEF) 33

  34. 3.4.1. MTEF 34

  35. 3.5. FUNDING CHALLENGES Spending pressures, strengthening of existing programmes and new priorities: Implementation of the new Public Employment Act. (Act 7 of 2014) (Review of Programme, and establishment of Board.) Funding of the Office of the Chief Information Officer Funding of Inspection and Enforcement Services Funding of the new Deputy Minister’s office 35

  36. 4. DoL Strategic Plan 2014 – 2019 Alignment with Medium Term Strategic Framework (MTSF) and the National Development Plan (NDP)

  37. 4.1.Alignment of the DoL Strategic Plan to NDP and MTSF 37

  38. 4.2. Alignment of the DoL Strategic Plan to NDP and MTSF 38

  39. 4.3. Alignment of the DoL Strategic Plan to NDP and MTSF 39

  40. 4.4. Alignment of the DoL Strategic Plan to NDP and MTSF 40

  41. 4.5. Alignment of the DoL Strategic Plan to NDP and MTSF 41

  42. 5.1 Programme 1 Administration 2013 / 2014 Annual Performance, Challenges and Annual Performance Plan 2014/2015

  43. 5.1.1. Program 1: Administration 43

  44. 5.1.2. Administration - continues 44

  45. 5.1.3. Administration - continues 45

  46. 5.1.4. Administration Annual Performance Plan 2014/15

  47. Administration Annual Performance Plan 2014/15

  48. Administration Annual Performance Plan 2014/15

  49. Programme 2 Inspection and Enforcement 2013 / 2014 Annual Performance, Challenges and Annual Performance Plan 2014/2015

  50. 5.2.1. Ensure promotion of EmploymentEquity in the Labour market 50

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