DOL PRESENTATION Parliamentary Joint Monitoring Committee 210907

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DOL PRESENTATION Parliamentary Joint
Monitoring Committee 21/09/07
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CONTENT OUTLINE

• Basic Conditions of Employment Act
• Employment Equity Act
• Skills Development Act

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BASIC CONDITIONS OF EMPLOYMENT ACT
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PROHIBITION OF EMPLOYMENT OF CHILDREN

• BCEA prohibits the employment of children under
  15 years.
• Those between 15-17 years old if work is
  in-appropriate for childs age or bad for his /
  her development.

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DefinitionsAll regarding work by children under
18 years
Increased seriousness

• Child labour is work by a child that is
• exploitative, hazardous or otherwise
  inappro-priate for the childs age
• detrimental to the childs schooling social,
  physical, mental, spiritual or moral development.

• Child work
• is work that is not bad for a childs health,
  schooling or development
• Example reasonable household chores

• Worst Forms of Child Labour
• Commercial sexual exploitation of children
• Children used by adults to commit crime
• Child trafficking
• Hazardous work

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Prioritisation of action
Action to be prioritised

• Child work
• No action needed, unless work is excessive

• Child labour
• Investigate and take action as appropriate.
• Take measures to eliminate child labour.

• Worst Forms of Child Labour
• Investigate and take appropriate action.
• Take measures to eliminate worst forms of child
  labour.

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Child Labour Action Programme (CLPA)
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APPROACH OF CLPA

• It follows an intersectoral approach
• It seeks to integrate Child Labour into new and
  existing programmes of Government

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ACHIEVEMENTS

• CLPA updated.
• Inclusion of Child Labour clause in the
  Childrens Act.
• Inclusion of Wosrt Forms of Child Labour Clause
  in the Childrens Amendment Bill.
• Implementation of No Fee School Policy.
• DoL is now participating in the Trafficking in
  Persons Task Team driven by the NPA.

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ACHIEVEMENTS (Cont)

• Child Labour Regulations on hazardous work
  finalised.
• Children Used By Adults to Commit Crime (CUBAC)
  study recommendations submitted to Dept of
  Justice.
• National Awareness Campaign conducted (Road
  shows, print media, radio TV).

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Children in the Performing Arts (CIPA)

• Sectoral Determination.
• Varies conditions of employment for children in
  the Performance of Advertising, Artistic and
  Cultural Activities.
• 1154 Applications for permits were granted in
  2006 2007 involving 5377 children.
• 28 Applications for permits were refused due to
  extended hours of work and inadequate rest
  periods.
• CIPA rolled out to provincial departments.

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EMPLOYMENT EQUITY ACT
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BACKGROUND

• Employment Equity Act was promulgated in 1998
• Regulations to implement the act were introduced
  in 1999/2000 as amended
• Code of Good Practice on the employment of
  disabilities were published in August 2002 and
• Technical Assistance Guidelines on the Employment
  of People with disabilities were introduced in
  August 2003.

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PURPOSE OF THE CODE

• To unpack key principles in the Employment Equity
  Act relating to disability

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PURPOSE OF THE TAG

• To assist employers, employees, trade unions and
  people with disabilities to, amongst others
• Clearly understand the Employment Equity Act and
  the Disability Code and
• Provide practical guidelines on how to
• implement affirmative action measures to
  eliminate unfair-discrimination.

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KEY ELEMENTS OF THE CODE TAG

• Key elements of the Code TAG include, but are
  not limited to
• Definition of disability
• Reasonable accommodation
• Recruitment and selection
• Medical and psychological testing
• Education and awareness

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KEY ELEMENTS OF THE CODE TAG (Cont)

• Training and career advancement
• Termination of employment
• Employee benefits
• Confidentiality and disclosure and
• Employment Equity planning.

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IMPLEMENTATION OF CODE TAG

• Material was produced in different formats,
  including Braille, audiotapes, large print
  electronic format
• A seminar was conducted where material was
  distributed to various organizations on
  disability and interest groups and
• Capacity building to DoL Provincial offices was
  provided in order to enable them to advocate and
  assist employers.

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IMPLEMENTATION OF CODE TAG (cont)

• On-going support is provided to employers both
  nationally and provincially on the Code and TAG.
• Continual interaction with Office on the Status
  of Persons with Disabilities in the Presidency
  and Disability organizations

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DISABILITY INTEGRATION

• Disability mainstreamed to eliminate unfair
  discrimination promote AA.
• Disability forms an integral part of this entire
  process.

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SHELTERED EMPLOYMENT

• 12 of these factories exist in the country
• They offer short or long term employment to
  PWDs, especially to those with very severe
  disabilities or limited education.
• Proudly SA produces tables, desks, chairs,
  pillow cases, body bags, etc.
• Collectively they employ 1100 people with
  disabilities.
• Budget allocation for 2007/2008 R48,371,514.

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DG REVIEWS

• Section 43 empowers the DG.
• Six companies were reviewed in 2006 all of
  these companies either made very little or no
  effort to comply with the Act.
• In 2007/2008 33 JSE listed companies are being
  reviewed.

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SKILLS DEVELOPMENT ACT
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BACKGROUND

• Enhancement of skills in workplaces and for the
  unemployed is part of DoLs programme of action
  as mandated by SDA
• NSDS (2001-2005) was launched to ensure
  achievement of this mandate
• NSDS principles is to ensure that designated
  groups benefit from skills interventions by SETAs
  and other Skills development institutions

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BACKGROUND (Cont)

• NSDS prescribe targets for learners entering
  learning programmes as follows
• 85 Black,
• 54 Women, and
• 4 people with disabilities.
• Mechanisms to support and monitor the
  implementation and ensure corrective measures are
  in place to evaluate the extent of achievement.

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OVERALL ACHIEVEMENT RESULTS ON NSDS
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OVERALL ACHIEVEMENT RESULTS ON NSDS (Cont)
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OVERALL ACHIEVEMENT RESULTS ON NSDS (Cont)
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OVERALL ACHIEVEMENT RESULTS ON NSDS (Cont)
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OVERALL ACHIEVEMENT RESULTS ON NSDS (Cont)
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OVERALL ACHIEVEMENT RESULTS ON NSDS (Cont)
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UMSOBOMVU YOUTH FUND

• Umsobomvu play a key role in the development of
  youth. The following contributions were made thus
  far
• Supplier Development Training Aim of the
  programme is to train entrepreneurs 74 young
  entrepreneurs established new ventures.
• 100 beneficiaries assisted through the
  implantation of New Venture Creation Learnership
  in 3 FET Colleges.

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UMSOBOMVU YOUTH FUND (Cont)

• Business Opportunity Support Services BOSS
  involves facilitation of linkages between youth
  entrepreneurs and matching business
  opportunities, while at the same time provide
  technical assistance, mentorship and facilitate
  access to funding. A database of Youth
  Entrepreneurs has been developed and is managed
  on a continuous basis in line with identified
  opportunities.

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UMSOBOMVU YOUTH FUND (Cont)

• During 2006/7 financial year Business
  opportunities raised totalled over R183.7
  million, the programme assisted 143 young
  entrepreneurs to access retail trade
  opportunities with the following companies
• Nestle (ice cream on wheels business, where youth
  were provided with carts/ motorcycles to cell ice
  cream nationally),
• Massmart (hot dog carts) and MTN (container cell
  phone business)

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THANK YOU