DEPARTMENT OF LABOUR

1
DEPARTMENT OF LABOUR

• PRESENTATION TO THE PORTFOLIO COMMITTEE ON LABOUR
• CAPE TOWN
• 09-10-2001

2
DOL RESPONSE TO KEY POLICY INPUTS

• Domestic/seasonal workers
• State employees
• Composition of the board
• Migrant workers
• Income from other sources

3
DOL RESPONSE TO KEY POLICY INPUTS

• Employees working less than 24 hours a month
• Funding Arrangements
• Recovery of Benefits paid in Error
• Dispute Resolution
• Technical Amendments

4
DOMESTIC/SEASONALWORKERS

• These workers may be included once the report has
  been tabled to Parliament, within 12 months of
  promulgation of the Act.
• The Minister, depending on the direction given by
  Parliament will determine the date for the
  inclusion.

5
STATE EMPLOYEES

• DoL in consultation with the other Ministries are
  still of the opinion that State Employees be
  excluded.
• The matter must be decided at the Public Service
  Bargaining Council
• This provision will be included in the Memorandum
  to the Revised Bill

6
COMPOSITION OF THE BOARD

• Clause 49 will be amended to include community
  constituency
• Representation will be as follows
• 3 Members from Organised Labour
• 3 Members from Organised Business
• 3 Members from Community Constituency

7
MIGRANT WORKERS

• DoL is of the view that the current bill provides
  sufficient guarantees to the coverage to this
  category of workers
• No need to amend the bill

8
INCOME FROM OTHER SOURCES

• DoL has noted concerns of the stakeholders and as
  a result we propose the following
• Amend clause 14 accordingly
• To exclude state disability grant as collateral
  source

9
EMPLOYEES WORKING LESS THAN 24 HOURS A MONTH

• DoL does not support the inclusion of these
  workers on the following reasons
• Current labour laws exclude them
• Creates inconsistencies in the application of
  laws
• The matter is subject of the investigation to the
  extent that it affects domestic and seasonal
  workers

10
FUNDING ARRANGEMENTS

• DoL is of the view that the nedlac agreement has
  sufficiently addressed the Uif funding needs for
  the current and the transitional periods
• Clause 10 has been amended sufficiently to deal
  with future funding needs of the fund

11
RECOVERY OF BENEFITS PAID IN ERROR

• DoL will consider an amendment to a section to
  effect the following
• State to inform affected beneficiary within 3yrs
• Repayment period to be extended to 90days

12
DISPUTE RESOLUTION

• Amendments will be made to simplify the Appeals
  Procedure
• Appeals Committees will be created
• Arbitration to dealt with by the CCMA

13
TECHNICAL AMENDMENTS

• Technical and other Amendments will affect the
  following clauses
• 1,3,10,13,14,15,16,18,19,20,
• 21,22,24,25,27,28,30,31,35
• 37,49,50,57,68
• Schedules 2-3