MAINSTREAMING GENDER, YOUTH AND PEOPLE WITH DISABILITIES 11 November 2011

1. MAINSTREAMING GENDER, YOUTH AND PEOPLE WITH DISABILITIES 11 November 2011 Overall Responsibility DG: N Nhleko

2. Presentation Outline • Employment Equity • Employment Services • Sheltered Employment Factories

3. EMPLOYMENT EQUITY ACT, 1998 • Context of the EEA in relation to Constitution • Purpose of the EEA • Chapter 2: Prohibition of Unfair Discrimination • Regulatory mechanisms - Codes of Good Practice • Chapter 3: Affirmative Action • Monitoring & enforcement mechanisms

4. Context of the EEA • Section (9(2) of the Constitution states that: “Equality includes the full and equal enjoyment of all rights and freedom. To promote the achievement of equality, legislative and other measures designed to protect or advance persons, or categories of persons disadvantaged by unfair discrimination may be taken”

5. Purpose of the EEA Purpose of the EEA is to: achieve equity in the workplace by promoting equal opportunity and fair treatment in employment through elimination of unfair discrimination; and implementing affirmative action measures to redress the disadvantages in employment experienced by designated groups to ensure their equitable representation in the workplace.

6. CHAPTER 2: Prohibition of Unfair Discrimination • Every employer must take steps to promote equal opportunity in workplace by eliminating unfair discrimination. • Section 6 states that: ‘No person may unfairly discriminate, directly or indirectly against an employee in any employment policy or practice based on one or more grounds, including race, gender, sex, pregnancy, age, disability, religion, HIV status, etc.’

7. CHAPTER 2: Codes of Good Practice Code on Key Aspects of HIV & AIDS and Employment (2000) & its Technical Assistance Guidelines (TAGS) to – ‘To provide implementation guidelines on how to ensure that individuals affected by HIV & AIDS are not unfairly discriminated against in the workplace’ Code on Employment of People with Disabilities & TAGs (2002) to ‘To provide implementation guidelines to ensure that employees with disabilities know their rights and are able to deal with unfair treatment and discrimination against them in the workplace.’

8. CHAPTER 2: Codes of Good Practice Cont.. Code on Integration of EE in HR Policies & Practices (2005) to – ‘To provide implementation guidelines on how to promote equality and fair treatment by amongst other things, mainstreaming gender equality issues in HR policies and practices to eliminate unfair discrimination in the workplace.’ Code on Handling of Sexual Harassment Cases in the workplace (2005) to – ‘To provide implementation guidelines on how to promote equality and fair treatment by amongst other things, mainstreaming gender equality issues in HR policies and practices to eliminate unfair discrimination in the workplace.’

9. CHAPTER 3: Affirmative Action Applies only to DESIGNATED employers (i.e. Employers with 50 and more employees) Designated employers are required to: consult employees; conduct analysis of workplace policies and practices, workforce profile & environment; prepare & implement EE Plan; and submit EE Report to indicate progress in achieving EE. Monitoring & enforcement mechanisms by DOL: CEE Annual Reports with EE status EE inspections DG Reviews

10. EMPLOYMENT SERVICES • Public Employment Services Interventions and achievements during the first two Quarters: 1st April to 31st September 2011

11. Key output: 300 000 Jobseekers registered on the system

12. People from designated groups referred to training employment opportunities : Youth

13. People from designated groups referred to training employment opportunities : Women

14. People from designated groups referred to training employment opportunities : PWD

15. Key Challenges and proposed remedial actions to address the plight of designated groups

16. Service Product trading as Sheltered Employment Factories Historical origin and current status SEF • The Service Product Factories currently trading as Sheltered Employment Factories (SEF) were established more than 65 years ago to provide employment opportunities for people with disabilities who were unable to hold down employment in the open labour market due to the nature of their afflictions. • Currently around 97% of the workers across SEF factories fit this profile. There are 12 SEF across South Africa operating in 7 of the 9 provinces, with only Mpumalanga and Limpopo without a facility. Factories are located in Bloemfontein, Cape Town, Durban, East London, Johannesburg, Kimberly, Pietermaritzburg, Port Elizabeth, Potchefstroom and Pretoria. • Collectively they employ 1050 disabled people supported by 120 administration, management and technical staff. With current premises – land, buildings and equipment - there is the potential to provide meaningful work opportunities for more than 3 000 handicapped people.

17. Service Product trading as Sheltered Employment Factories Transformation of Service Product Factories • The Department of Labour inherited the SEF from the previous Government and has in the recent past taken a bold step of embarking on a turnaround strategy, which is aimed at transforming the SEF into entities where people with disabilities can be employed regardless of their race, gender or creed. • The attainment of legal status for the SEF will enable the organisation to trade effectively and competitively within the industry. • The finalization of the business case will mean the SEF will be established as an entity that can financed adequately and conduct trade.

18. Service Product trading as Sheltered Employment Factories • The SEF proposed future • The SEF is about to commence with the second phase of the business case that will mean; • The SEF will have a legal identity • The SEF can compete competitively in the market • Adequate funding is provided to finance operational costs.

19. Service Product trading as Sheltered Employment Factories SEF Production capability • SEF has improved production capacity whereby all the 12 SEF factories utilize at least 95% of their production capacity. With the assistance of Productivity SA project that is being piloted and our Johannesburg textiles factory, we will realign our production standards with industry standards • – by reengineering factory set-ups and manufacturing to high quality norms. The project has unearthed other related issues that affect production levels and capacity which we have undertaken to address immediately where possible.

20. Service Product trading as Sheltered Employment Factories Employment Creation through the SEF • SEF has developed various business proposals and made submissions to the W&R SETA, the FP&M SETA for them to use SEF capability to create jobs for PWD. Youth. The 2nd proposal is for piloting provision of Basic Education in 3 Provinces to provide gainful employment to young people. • With the financial support from government and increase in sales of SEF products and services, SEFs have the potential to grow into a national network of factories and factory outlets that contribute to the economic empowerment of people with disabilities (including ex-combatants), that support metropolitan, rural and local community organizations and enterprises. Where disabled people are to contribute to, and be integrated into the nation’s economy.

21. Thank You 21