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Strategic Plan 2013 - 2018
Strategic Plan 2013 - 2018
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ORGANISATIONAL STRUCTURE TOP LEADERSHIP
Strategic Plan 2013 - 2018
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Advisory Council for Occupational Health and Safety Commission for Conciliation Mediation and Arbitration (CCMA) Commission for Employment Equity (CEE) Compensation Board Employment Conditions Commission (ECC) National Economic Development and Labour Council (NEDLAC) Productivity South Africa Unemployment Insurance Board
Strategic Plan 2013 - 2018
Statutory Bodies
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ab fL t o er an ist liph n i M NO M
Strategic Plan 2013 - 2018
Foreword by the Minister The Department of Labour has, over the years developed and implemented policies and programmes to transform the labour market to achieve the objectives of full and productive employment and decent work for all. Central to the Department’s strategic objectives and programmes in the Medium-Term Strategic Framework will be a contribution to the creation of decent employment through inclusive economic growth. To respond to the strategic priorities of Government, the Department will over the next five years, focus on the following strategic goals: • Decent work • Public Employment Services • Enhancing Inspection and Enforcement Services to effectively monitor and enforce compliance with legislation • Strengthening Social Security • Strengthening the institutional capacity of the Department. To achieve these goals, we will promulgate amendments to the LRA, BCEA, EEA, UIA, OHSA, COIDA and the Employment Services Bill. The proposed amendments are aimed at promoting sound and responsive legislation and policies to attain labour market flexibility for competitiveness of enterprises which is balanced with the promotion of decent employment. In the formulation of these amendments, we acknowledge that fair and speedy labour justice is indispensable to sound industrial peace and a favourable climate for investment. Our resolve to recognise and give value to social dialogue towards formulating these sound and responsive policies to attain inclusive growth, will not be compromised. Most importantly, competence, integrity, transparency and accountability remain the hallmarks of good labour market governance and the successful implementation of labour market transformative programmes. The Department will put in place the institutional framework and systems to ensure effective monitoring and evaluation of policies and programmes to provide a better life for all our people. We will further ensure that the allocated funds are spent as planned to achieve value for money and doing more with less in the best interest of our targeted beneficiaries. I therefore commit my Department and all Public Entities reporting to the Ministry to work closely with sister Departments, social partners and all Parliamentary oversight bodies to ensure creation of decent work and sustainable livelihoods to our citizens.
……………………………………….
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MN Oliphant, MP Executive Authority of the Department of Labour
It is hereby certified that this Strategic Plan: Was developed by the management of the Department of Labour under the guidance of Minister MN Oliphant, MP. Takes into account all the relevant policies, legislation and other mandates for the Department of Labour. Accurately reflects the strategic outcome oriented goals and objectives which the Department of Labour will endeavour to achieve over the period 2012 to 2015.
………………………………………. S Morotoba Acting Chief Operations Officer Date:27/02/2013
………………………………………. NPT Nhleko Director-General of the Department of Labour Date: 28/03/2013
Strategic Plan 2013 - 2018
Official Sign-off
………………………………………. B Maduna: Chief Financial Officer Date Approved: 28/02/2013
………………………………………. MN Oliphant, MP Executive Authority of the Department of Labour Date Approved: 28/03/2013
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:
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AG - Auditor-General APP - Annual Performance Plan BCEA - Basic Conditions of Employment Act CCMA - Commission for Conciliation, Mediation and Arbitration CF - Compensation Fund CS - Corporate Services CFO - Chief Financial Officer COO - Chief Operations Officer CIO - Chief Information Officer COIDA - Compensation for Occupational Injuries and Diseases DG - Director General DDG - Deputy Director General DEXCOM - Departmental Executive Committee DoL - Department of Labour DPSA - Department of Public Services and Administration DWCP - Decent Work Country Programme EC - Eastern Cape ECC - Employment Conditions Commission EEA - Employment Equity Act EEC - Employment Equity Commission ES - Employment Services EPWP - Expanded Public Works Programme ESSA - Employment Services for South Africa FS - Free State GCIS - Government Communication and Information Services HO - Head Office HRM - Human Resource Management ICD - Integrated Client Database ICT - Information and Communication Technology IES - Inspection and Enforcement Services ILO -International Labour Organisation IT - Information Technology JSE - Johannesburg Stock Exchange KZN - KwaZulu-Natal LMIS - Labour Market Information and Statistics LP -Limpopo LP & IR - Labour Policy and Industrial Relations LRA - Labour Relations Act KRA - Key Result Area M&E - Monitoring and Evaluation MOU - Memorandum of Understanding MP - Mpumalanga MTSF - Medium Term Strategic Framework MTEF - Medium Term Expenditure Framework NC - Northern Cape NT - National Treasury OHS - Occupational Health and Safety PES - Public Employment Services PFMA - Public Finance Management Act PPP - Public Private Partnership PwD - People with disabilities RME - Research Monitoring and Evaluation
Strategic Plan 2013 - 2018
Acronyms
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Strategic Plan 2013 - 2018
Contents
Organisational structure
ii
Foreword by the Minister
iv
Official Sign-off
v
Acronyms
vii
PART A: STRATEGIC OVERVIEW
1
1. Vision
1
2. Mission
1
3. Values
1
4. Legislative and other mandates
2
4.1 4.2 4.3 4.4 4.5
2 3 4 4 5
Constitutional and legislative mandates Policy mandates The core functions and service rendered by the Department Relevant court rulings Planned policy initiatives
5. Situational analysis
6
5.1 Performance environment 5.2 Organisational environment 5.3 Description of the strategic planning process
6 7 8
6. Service Delivery Outcomes and Strategic Goals
9
6.1 Strategic outcome oriented goals of the Department
9
Strategic Plan 2013 - 2018
11
7. Departmental strategic objectives
11
7.1
Programme 1: Administration 7.1.1 Programme purpose 7.1.2 Description of the programme 7.1.3 Strategic objectives 7.1.4 Risk management
11 11 11 12 14
7.2
Programme 2: Inspection and Enforcement Services 7.2.1 Programme purpose 7.2.2 Description of the programme 7.2.3 Risk management
15 15 15 17
7.3
Programme 3: Public Employment Services 7.3.1 Programme purpose 7.3.2 Description of the programme 7.3.3 Strategic objectives 7.3.4 Risk management
17 17 17 18 19
7.4
Programme 4: Labour Policy and Industrial Relations 7.4.1 Programme purpose 7.4.2 Description of the programme 7.4.3 Strategic objectives 7.4.4 Risk management
20 20 20 21 23
PART C: LINKS TO OTHER PLANS
26
8. Link to the long term infrastructure and other capital plans
26
9. Conditional grants
30
10. Public entities
30
11. Public-private partnerships
31
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PART B: STRATEGIC OBJECTIVES
PA RT A: ST RA TE GI C
OV ER VI EW
1.
Our Vision
Strategic Plan 2013 - 2018
PART A: STRATEGIC OVERVIEW
The Department of Labour strives for a labour market which is conducive to investment, economic growth, employment creation and decent work.
2.
Our Mission
Regulate the South African labour market for a sustainable economy through: - Appropriate legislation and regulations - Inspection, compliance monitoring and enforcement - Protection of human rights - Provision of employment services - Promoting equity - Social and income protection - Social dialogue.
3.
Our Values
We shall at all times be exemplary in all respects: - We treat employees with care, dignity and respect - We respect and promote: • Client centred services • Accountability • Integrity and ethical behaviour • Learning and development
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- 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.
Strategic Plan 2013 - 2018
4.
Legislative and other policy mandates
4.1
Constitutional and legislative mandates
The Department of Labour’s legislative framework is informed by the South African Constitution, Chapter 2, and Bill of Rights: Section 9, to ensure equal access to opportunities Section 10, promotion of labour standards and 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 and wellbeing 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 and 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 and access to fair and speedy labour justice.
The Department administers the following legislation: Table 1: legislation and other mandates
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Serial No
Legislation
Purpose
1
Labour Relations Act, 66 of 1995 (LRA)
The Labour Relations Act (LRA), Act 66 of 1995 aims to promote economic development, social justice, labour peace and democracy in the workplace.
2
Basic Conditions of Employment Act, 75 of 1997 (BCEA)
The purpose of this Act is to advance economic development and The purpose of this Act is to advance economic development and social justice by fulfilling the primary objects of this Act which are: social justice by fulfilling the primary objects of this Act which are— (a) to give effect to and regulate the right to fair labour practices conferred by (a) to give effect to and regulate the right to fair labour practices conferred by section 23(1) of the Constitution by— section23(1)oftheConstitutionby— (i) establishing and enforcing basic conditions of employment; and (i)establishingandenforcingbasicconditionsofemployment;and (ii) regulating the variation of basic conditions of employment; (ii)regulatingthevariationofbasicconditionsofemployment; (b)To give effect to obligations incurred by the Republic as a member state of (b)TogiveeffecttoobligationsincurredbytheRepublicasa the International Labour Organisation. memberstateoftheInternationalLabourOrganisation.
3
Employment Equity Act, 55 of 1998 (EEA)
The purpose of the Act is to achieve equity in the workplace, by: a. promoting equal opportunity and fair treatment in employment through the elimination of unfair discrimination; and b. implementing affirmative action measures to redress the disadvantages in employment experienced by designated groups, to ensure their equitable representation in all occupational categories and levels in the workforce.
4
Unemployment Insurance Act, 30 of 2001, as amended (UIA)
The Act empowers the UIF to register all employers and employees in South Africa for unemployment insurance benefits
5
Occupational Health and Safety Act, 85 of 1993 (OHSA)
The Occupational Health and Safety Act aims to provide for the health and safety of persons at work and for the health and safety of persons in connection with the activities of persons at work and to establish an advisory council for occupational health and safety.
Legislation
Purpose
6
Compensation for Occupational Injuries and To provide for compensation for disablement caused by occupational Diseases, Act 130 of 1993 (COIDA) injuries or diseases sustained or contracted by employees in the course of their employment, or for death resulting from such injuries or diseases; and to provide for matters connected therewith.
7
National Economic Development and Labour To provide for the establishment of a national economic, Council Act, 35 of 1994 (NEDLAC) development and labour council; to repeal certain provisions of the Labour Relations Act, 1995; and to provide for matters connected therewith.
8
Skills Development Act (Act no 97 of 1998 [SDA] The sections of the SDA that remained with the Department of as amended) Employment Services Provisions Labour when the President transferred skills functions to the Department of Higher Education and Training (DHETT) provides for the regulation of Employment Services and for promotion of productivity and competitiveness in the workplace.
4.2
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Serial No
Policy Mandates
The mandate of the Department is: To regulate the labour market through policies and programmes developed in consultation with social partners, which are aimed at: • Improved economic efficiency and productivity • creation of decent employment • promoting labour standards and fundamental rights at work • providing adequate social safety nets to protect vulnerable workers • sound labour relations • eliminating inequality and discrimination in the workplace • enhancing occupational health and safety awareness and compliance in the workplace • give value to social dialogue in the formulation of sound and responsive legislation and policies to attain labour market flexibility for competitiveness of enterprises which is balanced with the promotion of decent employment. The Department is also responsible for the administration and effective functioning of the following labour market institutions: • •
•
Productivity South Africa (PSA). Productivity SA aims to develop and enhance productive capacity in South Africa by continuously improving labour practices in South Africa. It works to build institutional capacity through sound project management skills, and through developing working relationships with other government agencies. National Economic Development and Labour Council (NEDLAC). A statutory social dialogue body, with its constituency comprising labour organisations, business organisations, government departments, and community groups. Social partners discuss and negotiate on public finance and monetary policy, labour market policy, trade and industrial policy, and development policy. TheCommissionforConciliation,MediationandArbitration(CCMA). An independent body established by the Labour Relations Act, No. 66 of 1995. The CCMA promotes social justice and fairness in the workplace by providing high-quality, ethical, innovative and cost-effective dispute management as well as dispute resolution services.
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The following represents target clients and beneficiaries of the Department’s services and labour market information: • Employers • Employees • Unemployed and under-employed • Private Employment Agencies • Trade unions and trade union federations • Employer organisations.
Strategic Plan 2013 - 2018
4.3 The core functions and services rendered by the Department are focused on: Programme
Purpose
Administration
Provides strategic direction, leadership and administrative support services to the Ministry and the Department.
Inspection and Enforcement Services
Inspection and Enforcement Services are aimed at ensuring a fair and equitable labour market where all players adhere to the provisions of legislation that governs the labour market. The main functions of the inspectorate are: (i) (i) To conduct workplace inspections and audits of Accredited Inspection Authorities (AIAs) toto monitor and enforce compliance with labour (AIAs) monitor and enforce compliance with labour legislation legislation (ii) To provide advice, educate and give technical information and support services to (ii) To provideboth advice, educate and give technical information supportlabour disputes empower workers, employers and stakeholders andand to prevent to empower both workers, employers and stakeholders and to services and workplace accidents prevent labourworkplace disputes and workplace accidents (iii) To investigate health and safety incidents once reported. (iii) To investigate workplace health and safety incidents once reported.
Public Employment Services (PES)
The main functions of Employment Services are to register work-seekers, obtain vacancies and identify other opportunities so as to facilitate the entry and re-entry of work-seekers into the labour market. Employment Services therefore has to be supported by two main pillars: The ‘Employer Services’ and ‘Work-Seeker Services’. The key services include: (i) Registration of work seekers (ii) Placement of work seekers (iii) Career Information and Guidance (iv) Special Labour market (employment) programmes (v) Regulatory functions including registration and monitoring of Private Employment ......Agencies. Key interventions are through: a. Sheltered Employment Factories that provide employment to people with disabilities b. Promotion of workplace productivity and competitiveness and social plan measures through Productivity SA c. Administration of income protection services d. Disbursement of unemployment and compensation for injuries and diseases benefits.
Labour Policy and Industrial Relations (LP&IR)
•• Labour Policy and Industrial Relations Branch supervises Policy Research, Labour Market Information and Statistical Services. It also regulates labour and employer organisations and bargaining councils, deals with all the Department’s responsibilities and obligations in relation to the International Labour Organisation and other international and regional bodies which the government of South Africa has formal relations with. It overseas the effective functioning of the CCMA and NEDLAC.
4.4 Relevant court rulings a) Name of the court case: Director- General: Labour and Minister: Labour vs. Comair Limited The impact that the court ruling has on the institution’s operations or service delivery is that the Department is currently unable to enforce certain provisions of the Employment Equity Act (the Act) against the employers that are not complying with the Act. The ruling provides that the Director-General must take into account and weigh cumulatively a number of factors that are listed in section 42 of the Act before arriving at a decision that the employer is not complying. The difficulty that the Department has is that it is not possible to take into consideration all the factors that are listed in section 42.
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b) Name of the court case: Director-General: Labour vs. Twilight Breeze Trading 144 cc The impact that the case has on the institution’s operations is that Labour inspectors are unable to issue the compliance order in respect of any amount payable to an employee as a result of a failure to comply with a provision of the Basic Conditions of Employment
c) Name of the court case: Dyokwe v C De Kock, CCMA & Others (2012) (LC) Clarifies the employment relationship when employees are placed by labour brokers but work for long periods for a ‘client’ companies. In such situations, the ‘client’ is the employer and assumes full responsibility as employer. d) Name of the court case: Bombardier Transportation (Pty) Ltd v Lungile Mtiya NO & Others (2010) 8 BLLR 840 (LC) True jurisdictional challenges should be dealt with at conciliation stage whereas others should be dealt with at arbitration stage. e) Name of the court case: Inzuzu I.T. Consulting (Pty) Ltd v CCMA & Others (unreported case) P 487/2009) Cost orders may be awarded against the CCMA and its Commissioners in instances where it is found that the Commissioner has acted grossly negligent or reckless. The CCMA was granted leave to appeal this judgment as it may have serious cost implications.
Strategic Plan 2013 - 2018
Act if- that amount has been payable by the employer to the employee for a period longer than 12 months before the expiry date on which a complaint was lodged to a labour inspector by or on behalf of the employee. The court ruled that section 70(d) of the Basic Conditions of Employment Act precludes a labour inspector from issuing the compliance order in the instance mentioned above.
f) Name of the court case: Balasana v MIBCO (2010) 19 LC 1.11.30 The Court held that in the event the record of the arbitration proceedings is not complete, the proper recourse is to remit the matter to the CCMA/Council to be heard afresh and often these orders direct that a Senior Commissioner should re-hear the matter.
4.5 Planned policy initiatives a. Amendment of the Unemployment Insurance Act No. 63 of 2001. These changes relate to improvements of benefits and administrative changes regarding submission of information by employers to the Fund. b. P romulgate the Employment Services Act. The new Employment Services Act aims to strengthen the provision of employment services within the Department and to repeal employment services provisions in the Skills Development Act. c. Amendment of the Compensation for Occupational Injuries and Diseases Act. Develop a rehabilitation, re-integration and return-to-work policy for injured and diseased workers to ensure integration with other South African policies and programmes, which provide a framework for rehabilitation of people with disabilities which stresses the importance of vocational integration. d. A mendment of the OHS Act, 85 of 1993. Although the OHS Act has placed responsibility of creating a healthy and safe working environment on the employers, the provisions compelling employers to do this are very vague. In order to address these shortcomings, it is necessary that the OHS Act in its current form be amended in order to ensure that: •• Employers develop and implement a health and safety management system •• Penalties issued to employers are increased •• Inspectors are enabled to issue prescribed fines on the spot e. Amendment of the Basic Conditions of Employment Act f. Amendment of the Employment Equity Act
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g. Amendment of the Labour Relations Act.
Strategic Plan 2013 - 2018
5.
Situational Analysis
The South African labour administration system recognises that labour market flexibility for competitiveness of enterprises should be balanced with the promotion and protection of the basic rights of workers and with the provision of adequate social safety nets to protect vulnerable workers. Despite the introduction of progressive labour and employment policy reforms and programmes, the labour market is still characterised by high levels of unemployment and under-employment, inequality and discrimination, violation of employment standards and fundamental rights at work, and unacceptably high levels of workplace incidents and injuries. Poorly located and inadequate infrastructure limits the country’s capability to create employment for more people and to provide effective employment facilitation and support economic activity to millions of jobseekers. These conditions contribute to continued social and economic exclusion of Africans in particular, women and people with disability.
5.1
Performance environment
The first challenge facing us is unemployment and under-employment: -- By June 2012, the total labour force was 17 916 000 with 13 447 000 employed, 4 470 000 (24.9%) unemployed and 2 311 000 discouraged work seekers. At the Unemployment Insurance Fund, the official statistics reported an increase in the number of workers who contributed to the UIF from 11 406 000 in quarter one to 11 416 000 in quarter two of 2012. Of this, only 57% of workers contributed to the Fund in June 2012 -- Most of the unemployed persons (70.1%) are under the age of 35, and 47% of them had not completed secondary school against 33% who had completed secondary school by June 2012 -- Year-on-year comparisons show a net increase of 322 000 (2.5%) jobs created by June 2012, with community and social services, finance and other business services, mining, trade, and others being the main contributors. The trends look a bit different when quarter to quarter comparisons analysis is performed. In general, it is observed that the number of jobs still fall short of the target of Government to halve unemployment by 2020 -- Compared to June 2011, employment in June 2012 increased in seven of the nine provinces and decreased in the Eastern Cape and Free State by 11 000 and 44 000 respectively. Gauteng, Limpopo and Mpumalanga were the biggest contributors to the net employment creation as compared to other provinces -- Despite a decline in unemployment in the second quarter of 2012, more than 4.4 million people still remain unemployed and just over three million (68%) of the total unemployed people were without jobs for a period of one year or more. There are two notable features of the country’s unemployment crisis: -- Firstly the unskilled (60% are without a matric education) are simultaneously most likely to be the first to lose their jobs in periods of employment contraction and least likely to be hired in periods of employment expansion -- Secondly, the youth, who currently constitute more than 70% of the unemployed are the dominant, identifiable cohort within this group of long- term unemployed individuals.
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The second challenge relates to the changing nature of work: -- There has been a tendency amongst employers to switch away from permanent and full time employment towards a typical form of employment such as casual labour, part-time employment, temporary and seasonal work -- Externalisation in the form of outsourcing and subcontracting is also on the rise, as the pressures of greater international competitiveness are felt by domestic firms -- The increase in atypical forms of employment is contributing to instability in the labour market and a potential increase in the violation of labour standards and fair labour practices -- It is estimated that approximately 6% of total employment is made up of atypical work, that is, employees contracted directly to companies on fixed-term contracts, sub-contractors and employees employed through employment agencies. The third challenge still facing us relates to inequalities and unfair discrimination in the workplace: -- Black people, women and people with disabilities remain marginalised in relation to meaningful and influential participation in the economy -- The Commission for Employment Equity reported in 2011 that: ∼∼ The representation of Blacks in top management and senior management levels is 26.9% and 35.9% respectively whereas they constitute over 88% of the Economically Active Population (EAP). ∼∼ White people in general and white males in particular, still dominate with 73.1% at the top
The fourth challenge relates to domestic as well as cross-border labour migration: -- The former describes a phenomenon whereby people from rural areas, some (though not all) of whom are unskilled, migrate to urban areas in search of employment -- The latter refers to economic refugees who have left their countries and settled in the urban areas of South Africa, hoping to find employment -- Both phenomena bear the risk of increasing the numbers of unemployed people in large urban centres, with the concomitant greater pressure on public services and utilities.
Strategic Plan 2013 - 2018
management level, which is nearly six times their representation within the EAP and approximately three times the representation of the cumulative sum of Blacks combined at this level ∼∼ Male representation is almost double that of their EAP and nearly four times that of women at this level ∼∼ The representation of people with disabilities across all occupational levels was recorded at 0.8% over the years from 2006, 2008 and 2010.
The fifth challenge relates to inadequate instruments for constant performance monitoring and evaluation of labour market policies and programmes to determine their impact on the economy: -- Stakeholder participation and strategic partnerships in programme delivery, monitoring and feedback is inadequate, despite our strong culture of social dialogue in policy development -- Planning processes are to some extent not well coordinated between strategic departments on related socio-economic development programmes -- Our appreciation and use of modern information and communication technology systems to manage data and information is inadequate.. (The necessity to base policy and programme interventions on facts and evidence and to measure their impact is critical for any labour market system)
5.2
Organisational environment
To deliver on its core business of public employment services and inspection and enforcement services, the Department has a staff complement of 8 060. The Department will continue to transform the labour market and change the way we do business and transact with citizens by enhancing access to quality services and information aimed at improving the quality of life of all South African citizens. At the centre of our transformation agenda is ensuring that customer insight is driving our service design; optimising contact and making use of cheaper technology enabled channels and utilisation of government-wide infrastructure where appropriate. Key strategic interventions to improve service delivery quality:
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•• Transforming and repositioning the Department at Head Office, provincial office and labour centre level for improved and effective service delivery and monitoring the impact of our interventions •• Ensuring that service delivery access point staff is empowered to deliver on the entire suite of the Department’s services. Developing and creating an environment of accountability for service delivery and correct attitudes and behaviour among staff •• Reconfiguring and repositioning our service delivery points and processes to improve service quality and responsiveness to citizens’ needs and expectations •• Developing a service delivery model and establishing a network of integrated service delivery points as close as possible to the people •• Establishing strategic partnerships for collaboration in creating and delivering value to citizens •• The Employment Services System, the Inspection and Enforcement System and Integrated Client Database systems will be enhanced to respond to clients’ needs and expectations of access to services and information and also accurate reporting of performance data •• Putting in place measures to encourage continuous learning, development, and innovation by those serving at the point of contact with clients..
5.3 Description of the strategic planning process
Strategic Plan 2013 - 2018
Figure 1: Strategic Planning Cycle 1. 1st Annual Performance Review in June/July 6. Tabling of SP and APP for implementation in March
5. SP and APP Approved based on the Letter of allocation in January
2. Departmental Strategic Planning session in August (1st draft SP and APP)
3. Mid-Term Review in October November (2nd draft SP and APP) 4. Branches Strategic Planning Sessions
The first is an Annual Evaluation workshop takes place in June/July each year, whereby the Department undertakes an annual evaluation of the previous financial year, and considers proposals on key priorities and budget requirements for the coming MTEF cycle. The key priorities and strategic objectives are informed by the MTSF and service delivery outcomes specific to the Department. This will allow the Department to submit the first draft Annual Performance Plan to National Treasury at the end of August. The second is a strategic planning session takes places in August each year. The focus of the session is to take stock of the previous years’ financial and non-financial performance and chart the way forward for the MTEF period in terms of the strategic objectives, key deliverables and budget as well as taking into consideration the resolutions of the 1st Annual Evaluation workshop. The third is a Mid-Term Review workshop which takes place in October/November of the every year. Whilst the focus of this session is a mid-term review of progress with regards to the current performance of the Department, it equally ensures that the agreed priorities of the annual evaluation are developed into a concrete programme of action (Annual Performance Plan) taking into account the possible MTEF allocations for the following year. This will allow the Department to submit the second draft Annual Performance Plan to National Treasury at the end of November. The fourth the Branches Strategic Planning sessions to strategise on agreed priorities of the annual evaluation and mid-term review and formulate the branch SP (Stragetic Plan) and APP (Annual Performance Pla taking into account the possible MTEF allocations for the following year. The fifth is a finalisation and approval of the Strategic Plan and Annual Performance Plan in line with the allocated funds. This will lead to agreed targets and resource allocations between the DG and Branch Heads with the COO/Chief Directors: Provincial Operations by the end of January. The APP will inform the DG’s performance agreement (integrated work plan), and is cascaded down to branches and provincial operations work plans/performance agreements.
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The sixth is approval of the Strategic Plan and the Annual Performance Plan and tabling in Parliament by the Minister.
6.
Service Delivery Outcomes and Strategic Goals
•• Outcome 4: Decent employment through inclusive economic growth •• Outcome 11: Create a better South Africa and contribute to a better and safer Africa •• Outcome 12: An efficient, effective and development orientated public service and an empowered and inclusive citizenship.
6.1. Strategic outcome oriented goals of the Department of Labour To address these outcomes, the Department has identified the following strategic goals:
Goal Statement
Strategic Outcome Oriented Goals 2: (Outcome 11) Goal Statement
Strategic Outcome Oriented Goals 3: (Outcome 12) Goal Statement
Improve the quality of labour market services to contribute to decent employment through inclusive economic growth 1. Contribute to decent employment creation 2. Promote equity in the labour market 3. Protect vulnerable workers 5. Strengthen social protection 6. Promote sound labour relations 7. Monitor the impact of legislation
Creating a better South Africa and contributing to a better and safer Africa Strengthen multilateral and bilateral relations
An efficient, effective and development orientated public service and an empowered and inclusive citizenship Strengthen the institutional capacity of the Department
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Strategic Outcome Oriented Goals 1: (Outcome 4)
Strategic Plan 2013 - 2018
In the medium-term, the Department of Labour will contribute mainly on the following outcomes
PA RT B: ST RA TE GI C
OB JE CT IV ES
7. Departmental Strategic Objectives 7.1. Programme 1: Administration
Strategic Plan 2013 - 2018
PART B: STRATEGIC OBJECTIVES
7.1.1. Programme purpose: Provide management, strategic and administrative support services to the Ministry and the Department •• Ministry provides political oversight to ensure that the Department’s mandate is achieved •• The Office of the Director-General provides administrative oversight for effective implementation of the Department’s mandate and overall accounting oversight.
7.1.2. Programme description:The programme consists of the following sub-programmes: •• Office of the Chief Operations Officer manages and directs medium-term strategic planning processes, performance information reporting, monitoring and evaluation of performance against plan and service delivery improvement plan. •• Corporate Services includes: -- HumanResourceManagementensures optimum and efficient utilisation and development of human capital and to provide an advisory service on matters pertaining to organisational effectiveness and development, transformation management, individual performance management, sound employee relations, employee health and wellness, as well as effective and efficient recruitment, selection and placement services including research and development of human resources policies and practices -- Internal Audit provides management and the Audit Committee with independent objective assurance with a view to improving effectiveness of governance, risk management and control processes -- Risk Management pro-actively manages / addresses risks that have a negative impact on the Department’s performance -- Security Services renders security support aimed at protecting the Department’s information, staff and assets -- Communication disseminates and improves access to information about the Department. -- Legal Services exists to provide legal support services to the Department -- The Office of the Chief Information Officer caters for the Information and Communications Technology (ICT) needs and requirements of the Department •• Office of the Chief Financial Officer renders effective and efficient financial management and administrative support for the Department as well as office accommodation requirements.
Strategic Goals
An efficient, effective and development-orientated public service and an empowered and inclusive citizenship 8. Strengthen the institutional capacity of the Department
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Strategic outcome oriented goals:3 (Outcome 12)
7.1.3​Strategic Objectives
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Strategic Plan 2013 - 2018
Strategic Objectives
Objective Statement
Baseline
Performance Indicator
1. Organisational Strategic plan and Annual Performance Plan approved
To manage and facilitate the development of organisational Strategic Plan and Annual Performance Plan as per prescripts and guidelines
1 Strategic plan and 1 Annual Performance Plan
1.1 Strategic Plan and Annual Performance Plan approved and tabled as per prescribed timeframes
2. Organisational performance monitored and evaluated against the approved Strategic Plan and Annual Performance Plan
To manage and facilitate the development of organisational performance information reports
1 Annual report and 4 organisational performance information reports
2.1 Number of performance information reports approved within 60 days after quarter end/ year end
3. Service Delivery Improvement Plan approved as per prescribed timeframes
To manage and facilitate the development of Service Delivery Improvement Plan
1 Service Delivery Improvement Plan
3.1 Submit reviewed and approved Service Delivery Improvement Plan to Department of Public Service and Administration (DPSA) as per prescribed timeframes
4. Annual audit plan, including ad hoc investigations executed
Conduct a risk-based internal audit and timely reporting
88% (33 planned vs. 29 actuals) of final reports were issued as per timeframes indicated in the approved annual audit plan
4.1 Percentage of final reports issued as per timeframes indicated in the approved annual audit plan
5. Risk Management Strategy implemented
Conduct annual risk assessment and report on the risk profile in line with the National Treasury Framework
4 Strategic risks reports
5.1 Number of strategic risk monitoring reports compiled and submitted to the Accounting Officer within 30 days after end of quarter
6. Fraud prevention strategy implemented
Manage the administration of fraud cases in line with the fraud prevention strategy
86% (13 of 15) of cases received or detected finalised by the year end
6.1 Percentage of fraud cases received and detected finalised per year
7. Security plan implemented
To manage and ensure the implementation of security plan in line with the prescripts
8. Improve access to information
Render an effective and efficient communication service which includes improving access to information
7.1 Number of security awareness conducted within a specified time Public participation events profiled (exhibitions, job fairs, Imbizo’s)
8.1 Number of exhibitions for profiling services of the Department per annum
New indicator
8.2 Number of opinion pieces issued by end of the performance year
New indicator
8.3 Number of newsletters published by end of the performance year
New indicator
8.4 Number of hours within which media queries are responded to
New indicator
8.5 Number of provinces to which approved branding strategy and implementation plan is rolled out
9. Human Resources Plan implemented
Objective Statement Position the Department of Labour as the Department of Choice through the implementation of all elements of the MTEF HR Plan
Baseline 38.5% (32 out of 83 employees at Senior Management Service level) women are employed in Senior Management Service (SMS) as on 31 March 2012
Performance Indicator 9.1 Percentage of (a) women in SMS, (b) youth and (c) people with disability (PwD) employed in line with the EE Plan by 31 March each year
40% (2 830 out of 7 057 filled posts) youth are employed in the Department as on 31 March 2012
Strategic Plan 2013 - 2018
Strategic Objectives
2.6% (184 out of 7 057 filled posts) of the employees in the Department are people wih disabilities on 31 March 2012
85.1% (5 927 out of 6 957 employees) of the Department’s staff were trained in accordance with the approved WSP as on 31 March 2012
9.3 Percentage of staff trained in line with Workplace Skills Plan (WSP) by 31 March
79% (216 out of 271 cases) of misconduct cases were finalised as on 31 March 2012
9.4 Percentage of misconduct cases finalised in line with applicable prescripts by 31 March
10. Effective legal support services
To provide quality and timely legal support services
New Indicator
10.1 Percentage of Court Papers to resolve litigation filed with the Court within 10 days of receipt
11. Effective and efficient Information Communication Technology support services
Manage the exit and service transfer between service provider and the Department
New indicator
11.1 Percentage of elements of the ICT strategy implemented in a financial year
12. Sound financial management policies and practices
Ensure effective and efficient sound financial management policies and practices in line with relevant legislation and best practices
1 AFS and 4 IFS
12.1 Number of financial statements compiled per year that comply with guidelines issued by the National Treasury
MTEF and ENE compiled and submitted annually
12.2 Departmental MTEF budget and Estimates of National Expenditure compiled and submitted according to National Treasury Guidelines
4 monitoring reports
12.3 Number of public entity PFMA quarterly reports on Actual and Projected Revenue and Expenditure obtained, evaluated and submitted to National Treasury within 30 days after each quarter
page 13
The vacancy rate in the 9.2 Reduction in percentage Department has been vacancy rates by 31 March reduced to 7.28% (554 out of 7 611 posts) as on 31 March 2012
Strategic Objectives
Strategic Plan 2013 - 2018
13. Effective and efficient supply chain management
14. Effective and efficient management of facilities and transportation
Objective Statement Ensure implementation of supply chain management regulatory framework
Provision of facilities and transportation management
Baseline
Performance Indicator
100% compliance
13.1 Percentage of compliant invoices paid within 30 days of receipt
New indicator
13.2 Percentage reduction in irregular expenditure compared to previous year
Accommodation request processed within six months in advance to DPW
14.1 Percentage of accommodation requests to DPW processed six months in advance
4 monitoring reports
14.2 Number of monitoring reports on vehicle fleet management
7.1.4 Risk management: Risks within the Administration Branch
page 14
Risk Description
Planned Response Action
1. Introduction of in-house fleet vehicle management service
1.1 Phasing-in of own vehicle fleet over 12 months had been affirmed in April 2012 and the balance of Phakisa vehicles will be taken away by November 2013
2. Poor contract management
2.1 Contract Review Panel (CRP) established
3. Inadequate systems and processes for the management of performance information
3.1 CD: PM&E in conjunction with the CIO, in the process of preliminary discussions with Microsoft for performance system
4. Delays in security vetting and pre-screening
4.1 Implementation of Project Shanduka whereby establishment of a Vetting Unit will be incorporated
5. Over/under spending of the budget
5.1 The Budget Advisory Committee meets once a month to monitor the expenditure of the Department. 5.2 Meetings held with all Programme Heads for the purpose of discussing their spending patterns
7.2 Programme 2: Inspection and Enforcement Services
7.2.2. Programme description: The programme consists of the following sub-programmes: •• Management and Support Services: Inspection and Enforcement Services manages the delegated administrative and financial responsibilities of the office of the Deputy Director-General: Inspection and Enforcement Services, and provides corporate support to line function sub-programmes within the programme •• Occupational Health and Safety promotes health and safety in the workplace by regulating dangerous activities and the use of plant and machinery •• Registration: Inspection and Enforcement Services registers incidents relating to labour relations and occupational health and safety matters, as reported by members of the public, and communicates these to the relevant structures within the Compliance, Monitoring and Enforcement sub-programme for investigation •• Compliance, Monitoring and Enforcement ensures that employers and employees comply with labour legislation through regular inspections and following-up on reported incidents •• Training of staff: Inspection and Enforcement Services defrays all expenditure relating to staff training within this programme in order to easily identify this expenditure for reporting purposes •• Statutory and Advocacy gives effect to the legislative enforcement requirement and educate stakeholders on labour legislation.
Strategic outcome oriented goals 1: (outcome 4) Strategic Goals
Strategic Objectives
Strategic Plan 2013 - 2018
7.2.1. Programme purpose: To realise decent work by regulating non-employment and employment conditions through inspection and enforcement in order to achieve compliance with all labour market policies
Improve the quality of labour market services to contribute to decent employment through inclusive economic growth 2: Promoting equity in the labour market (Outcome 4) 3: Protecting vulnerable workers (Outcome 4) 5: Strengthening social protection (Outcome 4)
Objective Statement
Baseline
Performance Indicator
2. Promoting equity in the workplace Ensure transformation of the labour market by inspecting workplaces (JSE listed and designated employers) in order to achieve compliance with employment equity legislation
65 JSE workplaces inspected 218 Designated workplaces inspected
1.1 Number of (a) Public Companies and (b) Private Companies reviewed for compliance with employment equity legislation per annum
9 940 Procedural inspections conducted New indicator
Percentage of non-compliant workplaces of those reviewed dealt with in terms of the enforcement regime link to the EEA
page 15
1. Ensure promotion of employment equity in the labour market
Strategic Objectives
Objective Statement
Baseline
Performance Indicator
Strategic Plan 2013 - 2018
3. Protecting vulnerable workers 2. Reduction in worker vulnerability through improved compliance and enforcement
Ensure Decent Work principles are adhered to by reducing worker vulnerability through improved compliance and enforcement
172 300 workplaces inspected
2.1 Number of workplaces inspected per year to determine compliance levels
12 381 non-complying workplaces of those inspected were dealt with
2.2 Percentage of non-complying workplaces inspected dealt with in terms of the relevant labour legislation per year
4 seminars
2.3 Number of advocacy and educational seminars conducted in identified sectors to enhance compliance with labour legislation per year
1 International conference held
2.4 Number of international occupation health and safety conferences or inspector conferences held per year
Develop and train 400 shop stewards in identified sectors
2.5 Number of shop stewards trained to assist with labour legislation in the workplace per year
Roving safety representative programme rolled out in two provinces
2.6 Number of provinces identified to roll-out the roving safety representative programme
New indicator
2.7 Percentage of inspections on request for work permits conducted within 5 days
81% (110 610 of 135 807) labour complaints resolved within 14 days
2.8 Percentage of labour complaints resolved within a specified number of days of receipt at Registration Services
1 869 Workplaces audited
3.1 Number of workplaces in high risk industries audited to determine their compliance levels in terms of the OHS legislation (blitz inspections)
New indicator
3.2 Percentage of non-complying workplaces audited dealt with in terms of the relevant OHS legislation
213 Workplaces inspected in Gauteng
3.3 Number of workplaces audited for compliance with Occupational Exposure Limit (OEL) regarding workers’ exposure to silica dust per annum
New indicator
3.4 Percentage of workplaces compliance with OEL
New indicator
3.5 Percentage of non-complying workplaces of those audited dealt with in terms of the relevant enforcement regime (Occupational Exposure Limit)
New indicator
3.6 Provinces selected for roll-out of approved preventative strategy and implementation programme on Noise-Induced Hearing Loss
OHS Act, 85 of 1993
3.7 Occupational Health and Safety legislation evaluated and amended
5: Strengthening social protection
page 16
3. Reduction in worker vulnerability through improved compliance and enforcement
Ensure Decent Work principles are adhered to by reduction in worker vulnerability through improved compliance and enforcement
7.2.3 Risk management: Risks within IES
1. Poor enforcement of legislations
Planned Response Action 1.1 Standard Operating Procedure and Inspection and Enforcement manual developed and currently being implemented. 1.2 An agreement, in principle, was reached on the issue of the training of inspectors with Justice College.
2. No Inspection and Enforcement Case Management System
2.1 The system that was developed was extensively tested for suitability to go live. The system despite all the testing on the part of DoL and the “fixing” of the areas of concern did not lead to a finalised system and the system was subsequently “canned” in August 2012 pending the appointment of a new service provider or suitable arrangements being made by the Chief Information Officer (CIO).
3. High Vacancy Rate of Inspectors
3.1 The Department has reviewed job profiles of the inspectors and new structure was initially approved by the Minister and adverts were placed for Statutory and Advocacy Services.
4. Bribery of inspectors
4.1 Awareness sessions are conducted with the inspectors and monitoring of inspectors is done on regular basis
Strategic Plan 2013 - 2018
Risk Description
4.2 The monitoring and controls of inspectors in the Provinces are being implemented in line with Auditors recommendations
7.3 Programme 3: Public Employment Services 7.3.1. Purpose: Provide assistance to companies and workers to adjust to changing labour market conditions and to regulate private employment agencies 7.3.2. Programme description: The programme consists of the following sub-programmes: •• Management and Support Services: Public Employment Services manages delegated administrative and financial responsibilities, coordinates all planning, monitoring and evaluation functions, and provides corporate support to line function sub-programmes •• Employer Services facilitates registering vacancies, and disseminates scarce skills information, issues immigrant corporate and work permits, records migrating skilled South Africans, oversees placements, responds to companies in distress, provides a social plan and regulates private employment agencies •• Work-Seeker Services: registers work-seekers, retrenched workers, work vacancies, training and income generating opportunities on the employment services system, and facilitates access to employment and income generating opportunities for the unemployed and under-employed •• Designated Groups Special Services facilitates the transfer of subsidies to national councils to promote the employment of people with disabilities, youth, and women, in collaboration with Sheltered Employment Factories and other relevant bodies.
page 17
The programme has oversight over the following entities: •• Sheltered Employment Factories and Subsidies to Designated Workshops facilitates transfers to subsidised workshops for the blind and subsidised work centres for people with disabilities, and aims to improve the administration, production and financial control of Sheltered Employment Factories and workshops •• Productivity South Africa promotes improvements in workplace productivity, competitiveness and social plan (job saving mechanisms through future forums and turnaround solutions). The Branch PES facilitates the conclusion of the Memorandum of Agreement, transfer of funding and monitoring of the entity’s performance against its Strategic Plan •• Unemployment Insurance Fund provides for the possible future funding of the Unemployment Insurance Fund. The UI activities are funded from its revenue and the entity report separately from PES in accordance with its Strategic Plan except in those areas wherein there are joint projects •• Compensation Fund provides for possible funding requests from the Compensation Fund. The PES allocation provides for costs incurred through claims received from civil servants for injuries sustained on duty or occupational related illnesses. The Compensation Fund activities are funded from its revenue and the entity reports separately in accordance with its Strategic Plan.
Strategic outcome oriented goals 1: (outcome 4)
Strategic Plan 2013 - 2018
Strategic Goals
Improve the quality of labour market services to contribute to decent employment through inclusive economic growth 1: Contributing to decent employment creation (Outcome 4)
7.3.3 Strategic objectives Strategic Objectives
Objective Statement
Baseline
Performance Indicator
1. Contribution to decent employment creation 1. Employment Services legislation, related regulations and guidelines in place
Develop and implement Employment Services Legislation, regulations and guidelines
New indicator
1.1. Percentage of work completed on the Employment Services Bill and its regulations and guidelines
2. PES initiatives and interventions communicated through various media channels
Communicate PES initiatives and interventions through various channels
4 National exhibitions on PES and 99 Provincial Advocacy campaigns were held
2.1. Number of PES Advocacy campaigns conducted
3. Work-seekers registered on the ESSA system
Register work553 883 work seekers seekers on ESSA registered on ESSA for opportunities
3.1. Number of work-seekers registered on ESSA system per year
4. Registered work-seekers provided with employment counselling, placement or referral, to registered opportunities and other services
Provide career counselling and employability enhancement to work-seekers
222 956 work seekers were provided with career information and counselling
4.1 Percentage of work-seekers registered provided with employment counselling
Place and refer work-seekers to opportunities
96 505 placed and referred
4.2 Number of work-seekers placed in registered employment opportunities 4.3 Number of work-seekers referred to registered opportunities
page 18
4.4 Number of work-seekers referred to other services 5. Employers registering vacancies on ESSA system
Provide employers with specialised services
2 475 Employers registered vacancies on ESSA
5.1. Number of employers registering vacancies on ESSA system
6. Employment agencies registered
Provide employers with specialised services
1 162 Private employment agencies registered
6.1 Number of Private Employment Agencies registered increased
7. International cross-border labour migration managed
200 requests for recommendation responded to within 30 working days
7.1 Percentage of compliant migrant work permits applications processed within a specified number of days
8. Designated groups funded as per drawdown agreement
New indicator
8.1 Number of Memoranda of Agreements (MOA) concluded with eligible designated group organisations and funding transferred and monitored per year
Strategic Objectives
Objective Statement
Baseline
Performance Indicator
9. Sheltered Employment Factories funded as per drawdown agreement
New indicator
9.1 MOA concluded by March each year, performance report submitted quarterly and financial transfers effected
10. Productivity SA funded
New indicator
10.1 MOA concluded by March each year, performance report submitted quarterly and financial transfers effected
11. Compensation Fund reimbursed for occupational injuries and deceases by public servants
New indicator
11.1 Percentage of claims received for occupational injuries and deceases by public servants settled within 30 days
Strategic Plan 2013 - 2018
1. Contribution to decent employment creation
7.3.4 Risk management: Risks within PES Risk Description
Planned Response Action
1. Inadequate communication and marketing strategies of the Employment Services Bill and objectives
1.1 The Bill is currently in Parliament which will conduct public hearings thereon
2. Resistance to collaborate with the Department of Labour by private employment agencies
2.1 Draft Regulations on Private Employment Agencies (including temporary employment service agencies) have been developed and will be communicated with Association for Professional Service Organisation (APSO) and the Confederation of Associations of Personnel Employment Services (CAPES) once the Bill has been promulgated
3. Incomplete SEF Business Case
3.1 SEF legal status and business case finalised
4. Inadequate sales revenue to meet the shortfalls between the Department’s subsidy and operational costs
4.1 A letter from the Minister of Labour to the Minister of Finance is in process to enforce the 50% deposit and solicit a percentage of spending (on relevant items) from government departments to be procured from SEF 4.2 A 50% deposit is currently enforced with all clients 4.3 Costing structure has been designed and is 80% complete 5.1. Productivity South Africa’s assistance is on-going.
page 19
5. Lack of competiveness
Strategic Plan 2013 - 2018
7.4 PROGRAMME 4: LABOUR POLICY AND INDUSTRIAL RELATIONS 7.4.1. Purpose: 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, analysing and evaluating labour policy, and providing statistical data on the labour market, including providing support to institutions that promote social dialogue 7.4.2. Programme description: The programme consists of the following sub-programmes: •• Management and Support Services: Labour Policy and Industrial Relations manages delegated administrative and financial responsibilities, coordinates all planning, monitoring and evaluation functions, and provides corporate support to line function sub-programmes •• Strengthen Civil Society funds civil society organisations that protect vulnerable workers in order to contribute to a stable and smooth functioning labour market by providing resources, support and expertise to improve the independence and self-reliance of workers through transfers to the Development Institute for Training, Support and Education for Labour (DITSELA), the Workers’ College Natal, the Congress of South African Trade Unions (COSATU), the South African Confederation of Trade Unions (SACOTU), the South African Labour Bulletin and selected rural advice offices •• CollectiveBargainingmanagestheimplementationoftheLabourRelationsAct(1995)throughpoliciesandpracticesthatpromote sound labour relations. Funds are mainly used to: register labour organisations and de-register those that are non-compliant; publish and extend collective agreements; support and advance participation in collective bargaining structures; participate in the governance structures of the Commission for Conciliation, Mediation and Arbitration; and to participate in relevant National Economic Development and Labour Council(NEDLAC) activities •• Employment Equity promotes equity in the labour market through improving the enforcement of the Employment Equity Act (1998) •• Employment Standards protects vulnerable workers in the labour market by administering the Basic Conditions of Employment Act (1997) •• Commission for Conciliation, Mediation and Arbitration - Funds are transferred to the Commission for Conciliation, Mediation and Arbitration, which promotes social justice and fairness in the workplace through dispute prevention and dispute resolution services •• Research, Policy and Planning researches and monitors working conditions and policies affecting the labour market in South Africa •• Labour Market Information and Statistics collects, collates, analyses and disseminates internal and external labour market statistics about changes in the South African labour market that impact on legislation •• International Labour Matters facilitates compliance with international obligations, multi- and bilateral relations and makes transfers to the relevant bodies for membership fees •• National Economic Development and Labour Council – Funds are transferred to the National Economic Development and Labour Council, which promotes economic growth, participation in economic decision making and social equity.
Strategic outcome oriented goals 1: (outcome 4) Strategic Goals
Strategic outcome oriented goals: 2 (Outcome 11)
page 20
Strategic Goals
Improve the quality of labour market services to contribute to decent employment through inclusive economic growth 2: Promoting equity in the labour market 3: Protecting vulnerable workers 6: Promoting sound labour relations 7: Monitoring the impact of legislation Creating a better South Africa and contributing to a better and safer Africa in a better world.
4 Strengthening multilateral and bilateral relations
7.4.3​Strategic Objectives Baseline
Performance Indicator
2. Promoting equity in the labour market 1. Employment equity in Establish the labour market ensured legislative framework to promote employment equity
Employment Equity Act, 1998
1.1 Employment Equity Act (EEA) regulations amended in line with the amended Act
New indicator
1.2 Annual Employment Equity Report published and launched
58 of Income Differentials assessed
1.3 Number of Income Differentials assessed to determine race and gender disparities in salaries per year
2. Basic conditions of employment in the labour market ensured
Establish the legislative framework to establish basic conditions of employment
Bill consulted and submitted to Parliament
2.1 BCEA regulations finalised in line with the amended Act
1 Child labour programme every 5 years
2.2 One Child Labour Programme of Action implemented in line with the 5 year plan
3. Sectoral determinations published for residual and emerging vulnerable workers
Review existing sectoral determinations
6 Sectoral determinations
3.1 Number of existing sectoral determinations reviewed
Investigate possibility of setting a welfare sectoral determination
3.2 Number of new areas for setting sectoral determinations investigated
10 civil society organisations funded
4.1 Number of civil society organisations involved in the world of work funded and monitored per year
Monitor 4. Civil society organisations that protect civil society vulnerable workers funded organisations functions
Strategic Plan 2013 - 2018
Objective Statement
page 21
Strategic Objectives
Strategic Objectives
Objective Statement
Baseline
Performance Indicator
Strategic Plan 2013 - 2018
4. Strengthening multilateral and bilateral relation 5. Relations strengthened through memoranda of understanding (MOU) with fraternal countries
Relations strengthened with the fraternal countries
Signed MOU with Lesotho
5.1 Signed MOUs reviewed
New
5.2 Number of reports on the implementation of MOUs produced annually
South Africa’s position documents on agenda items for ILO meetings reflected in discussions
Developed South Africa’s 5.3 Advocate South Africa’s position on agenda position documents for items of the ILO ILO agenda items
Compile reports in terms of Article 19 and 22 of the Constitution of the ILO and to submit ILO
7 reports submitted
5.4 Number of reports to ensure compliance with the ILO’s Constitutional requirements in terms of Article 19 and 22 of the ILO Constitution.
South Africa’s position documents on the agenda items of AULSAC and ARLAC advocated
Participated in the annual SADC Employment and Labour Sector and AU Labour and Social Affairs Commission
5.5 Implement the decisions of the SADC Employment and Labour Sector and the AU Labour and Social Affairs Commission 5.6 Participation in the G20 Meeting of Ministers of Labour and Employment ensured 5.7 Advocate South Africa’s position in the ARLAC Governing Council.
6. Promoting sound labour relations 6. Sound labour relations ensured
page 22
7. Dispute resolution monitored
Establish legislative framework to promote sound labour relations
Amended LRA Bill
6.1 LRA regulations amended in line with the amended Act
Extend collective agreements
18 collective agreements 6.2 Number of collective agreements extended extended within 60 days within 60 days of receipt
Register new labour organisations within 90 days
Labour organisations 6.3 Percentage of competent labour organisation registered within 90 days applications processed within 90 days of receipt
Monitor and report on CCMA’s dispute resolutions functions
4 quarterly monitoring reports
7.1 Quarterly monitoring reports on CCMA dispute resolution functions compiled within 7 days of the end of each quarter
Strategic Objectives
Objective Statement
Baseline
Performance Indicator
8. Social dialogue monitored
Monitor and report on NEDLAC’s social dialogue functions
4 quarterly monitoring reports
8.1 Quarterly monitoring reports on NEDLAC dispute resolution functions compiled within 7 days of the end of each quarter
9. Labour market trends monitored
Compile labour market trend reports
4 Labour market trends reports completed and published by September 2011: •Industrial Action •Annual Labour Market Bulletin, •Job Opportunity and Unemployment in the South African labour market •Annual Administrative Statistics Report
9.1 Number of annual labour market trends reports produced and disseminated by September
4 briefing reports on QLFS by April, July, October and January
9.2 Number of briefing reports on Quarterly Labour Force Survey and Unemployment Insurance Fund produced within 14 days after each quarter ends
1 Labour Market Review report developed and disseminated
10.1 Annual Labour Market Review developed and disseminated by March
5 research projects conducted and concluded
10.2 Number of research reports produced, disseminated and implementations monitored
10. Impact of legislation evaluated and reported on
Conduct and commission research proposals to assess the impact of labour legislations on the labour market
Strategic Plan 2013 - 2018
7. Monitoring the impact of legislation
7.4.4 Risk management: Risks within LP & IR Planned Response Action
1. Inadequate collection and monitoring of quality data
1.1 Data quality framework finalised and approved. Implementation in process
2. Economic climate impacting on collective bargaining and labour relations
1.1 Discussions underway with CCMA and bargaining councils relating to subsidy proposals
page 23
Risk Description
P IN ART FR C AS : LI TR NK UC S T TU O RE TH AN E LO D NG OT HE TE R RM CA PI TA LP LA NS
Strategic Plan 2013 - 2018
PART C: LINKS TO THE LONG-TERM INFRASTRUCTURE AND OTHER CAPITAL PLANS 8. Links to the long-term infrastructure and other capital plans Project Name
Service Current Total cost delivery output project stage
Audited outcome
R thousand 2009/10 2010/11 2011/12
Adjusted appropriation
Medium-term expenditure estimate
2012/13
2013/14 2014/15 2015/16
page 26
Departmental infrastructure Rustenburg Labour Centre: Construction of building
New labour centre
Construction
15 461
1 592
1 545
1 000
5 105
Mount Ayliff: Site clearance
New labour centre
Design
15 216
292
200
234
Garankuwa: Site clearance
New labour centre
Design
279
31
150
131
Middelburg: Site clearance
New labour centre
Design
512
321
200
Athlone: Site clearance
New labour centre
Design
1 602
240
172
Cape Town: Site clearance
New labour centre
Design
13 029
954
151
Swellendam: Site clearance
New labour centre
Design
533
80
150
Vredenburg: Site clearance
New labour centre
Design
1 596
Somerset West: Site clearance
New labour centre
Design
2 129
319
150
Knysna: Site clearance
New labour centre
Design
1 497
225
150
Bellville: Site clearance
New labour centre
Design
445
150
150
Audited outcome
R thousand 2009/10 2010/11 2011/12
Adjusted appropriation
Medium-term expenditure estimate
2012/13
2013/14 2014/15 2015/16
Vredendal: Site clearance
New labour centre
Design
445
150
Ceres: Site clearance
New labour centre
Design
540
150
Volksrust: Site clearance
New labour centre
Design
445
Carltonville: Site clearance
New labour centre
Design
37
Secunda: Site clearance
New labour centre
Design
1 959
Taung: Site clearance
New labour centre
Design
186
Security: Wendy houses
Labour centre Various security wendy houses
62
Security: Wendy houses
Various Security: Wendy houses at Minister’s parking in Laboria House
17
Bronkhorstspruit: Site clearance
New labour centre
Design
Lusikisiki: Site clearance
New labour centre
Design
66
66
Lebowakgomo: Site clearance
New labour centre
Design
148
148
Sabie: Site clearance
New labour centre
Design
191
191
Carolina: Site clearance
New Labour centre
Design
191
191
Kwamhlanga: Site clearance
New Labour centre
Design
191
297
Strategic Plan 2013 - 2018
Service Current Total cost delivery output project stage
150
178
150
186
12
15
15
16
17
200
200
191 page 27
Project Name
Project Name
Service Current Total cost delivery output project stage
Audited outcome
Strategic Plan 2013 - 2018
R thousand 2009/10 2010/11 2011/12 Other labour centres
Various construction, such as electrical repairs
Various
225
Pretoria, Silverton: Sheltered Employment Factory Head Office: Second follow-on repair and maintenance programme
Maintaining Sheltered Employment Factory Head Office to be occupational health and safety compliant
Tender
24 406
232
Pretoria Head Office: Laboria House: First follow-on repair and maintenance programme
Maintaining head office to be occupational health and safety compliant
21 128
5 585
Kimberley: Sheltered Employment Factories : Second follow-on repair and maintenance programme
Maintaining Sheltered Employment Factories to be occupational health and safety compliant
Tender
Bloemfontein: Sheltered Employment Factories : Second follow-on repair and maintenance programme
Maintaining Sheltered Employment Factories to be occupational health and safety compliant
Upington and Kuruman Labour Centre and Kimberley: Sheltered Employment Factories : Repair and maintenance programme
Maintaining Sheltered Employment Factories to be occupational health and safety compliant
Medium-term expenditure estimate
2012/13
2013/14 2014/15 2015/16
Maintenance 757
5 976
2 477
3 509
5 140
4 406
1 000
3 000
3 870
8 763
651
3 150
3 984
Tender
5 880
1 770
134
375
Tender
8 829
57
Construction
page 28
Adjusted appropriation
Service Current Total cost delivery output project stage
Audited outcome
R thousand 2009/10 2010/11 2011/12 Maintaining Sheltered Employment Factories to be occupational health and safety compliant
Tender
9 031
1 641
Phalaborwa, Hoedspruit and Seshego labour centres: Repair and maintenance programme
Maintaining labour centres to be occupational health and safety compliant
Tender
5 220
204
Witbank, Lydenburg and Komatipoort labour centres: Repair and maintenance programme
Maintaining labour centres to be occupational health and safety compliant
Tender
9 634
19
Western Cape Labour Centre and Sheltered Employment Factories : Second follow-on repair and maintenance programme
Maintaining Sheltered Employment Factories to be occupational health and safety compliant
Tender
21 324
541
Gauteng South: Repair and Maintenance programme
Maintaining Sheltered Employment Factories to be occupational health and safety compliant
Tender
20 458
1 200
Sheltered Employment Factories Repair and maintenance programme
Maintaining Sheltered Employment Factories to be occupational health and safety compliant
Tender
95 648
14 752
16 920
22 145
Total
311 780
3 702
Medium-term expenditure estimate
2012/13
2013/14 2014/15 2015/16
3 408 Strategic Plan 2013 - 2018
Pretoria labour centre and Sheltered Employment Factories : Repair and maintenance programme
Adjusted appropriation
26 878
920
10 392
10 963
7 396
page 29
Project Name
9. Conditional grants
page 30
Strategic Plan 2013 - 2018
Not applicable to the Department of Labour.
10. Public entities Public entities reporting to the Minister of Labour: Name of public entity
Mandate
Outputs
Current annual budget (R thousand)
Unemployment Insurance Fund
The Unemployment Insurance Fund (UIF) contributes to the alleviation of poverty in South Africa by providing short-term unemployment insurance to all workers who qualify for unemployment related benefits. The Fund is financed by a dedicated tax on the wage bill
Collection of unemployment insurance contributions and payment of benefits to qualifying contributors
R8,2 Billion
1 April 2013
Compensation Fund
The Compensation Fund’s (CF) main objective is to provide compensation for disability, illness and death resulting from occupational injuries and diseases
Medical and compensation benefits
R 3,347,939,318
1 April 2013
Productivity SA
Productivity SA is mandated by Government, Organised Labour and Organised Business to improve the productive capacity of the economy and thus contribute to South Africa’s socio-economic development and competitiveness
Products and services of assisted companies world class and competitive.
R 75 384 973
15 April 2013
Productivity and competitiveness awareness is high and embraced in South Africa • Capacitated SMMEs contribute to sustainable employment creation • Jobs saved in distresses companies • Productivity research reports for selected sectors produced.
Date of next evaluation
Mandate
Outputs
Current annual budget (R thousand)
Commission for Conciliation, Mediation and Arbitration
The Commission for Conciliation, Mediation and Arbitration (CCMA) was established in terms of the Labour Relations Act, 1995 as amended. It is mandated to promote social justice and fairness in the workplace by delivering ethical, qualitative, innovative and cost effective dispute management and resolution services, institution building services, education, training and development, and efficient administration
R402 017 000 The CCMA’s compulsory statutory functions are to: Consolidate workplace disputes, • Arbitrate certain categories of disputes that remain unresolved after conciliation, establish picketing rules • Facilitate the establishment of workplace forums and statutory councils • Compile and publish information and statistics about CCMA activities • Accredit and consider applications for subsidy by bargaining councils and private agencies • Provide support for the Essential Services Committee.
National Economic Development and Labour Council
The National Economic Development and Labour Council was established in terms of the National Economic Development and Labour Council Act, 1994. The Act requires Organised Labour and Organised Business, Community Based Organisations and Government, as a collective, to promote the goals of economic growth; participate in economic decision making and social equity; seek to reach consensus and conclude agreements on matters pertaining to social and economic policy; consider all proposed labour legislation relating to labour market policy and all significant changes to social and economic policy before these are introduced in Parliament; and encourage and promote the formulation of coordinated policy on social and economic matters
The NEDLAC Act requires the institution to:
R14 379 000
Date of next evaluation 1 April 2013 Strategic Plan 2013 - 2018
Name of public entity
1 April 2013
• Strive to promote the goals of economic growth • Participation in economic decision – making and social equity • Seek to reach consensus and conclude agreements on matters pertaining to social and economic policy • Consider all proposed labour legislation relating to labour market policy before it is introduced in Parliament • Encourage and promote the formulation of coordinated policy on social and economic matters • Consider all significant changes to social and economic policy before it is implemented or introduced in Parliament • Consider Social Economic Disputes in terms of Section 77 of the Labour Relations Act
11. Public-private partnerships
page 31
None
-8
RP
13
0 /2
56
: No
:9
BN
IS
No
0-
78
1
-4
1 62
8 59