EMPLOYMENT SERVICES BILL, 2012 BRIEFING TO PORTOFOLI OCOMMITTEE ON LABOUR MARCH 2013

Background Four bills published on 17th December 2010: Labour Relations Amendment Bill, 2010 Basic Conditions of Employment Amendment Bill, 2010 Employment Equity Amendment Bill, 2010 Employment Services Bill, 2010 NEDLAC process commenced in January 2011 and concluded in July 2012 on ES Bill.

Background to ES Bill Bill seeks to repeal provisions in Skills Development Act relating to employment services and Productivity SA. Bill gives legal framework for the functioning of a repositioned public employment service. Bill provides legal basis for establishment & functioning of Productivity SA & Protected Employment Enterprises.

Overview of ES Bill Public Employment Service Functions of ES provided for (free services), including employment of foreign nationals Minister empowered to establish schemes to promote employment & minimize retrenchment

Overview cont. 2. Private Employment Agencies Bill provides for registration for PEA’s & cancellation of registration Prohibited acts by PEA’s defined Charging of fees by PEA’s clarified Retention & confidentiality of information clarified.

Overview cont. 3. Employment Services Board Board established and composition prescribed Board advisory in nature and its functions outlined Constitutional provisions provided for.

Overview cont. 4. Productivity SA Re-establishment of PSA Functions of PSA & its Board provided for. 5. Protected Employment Enterprises Sheltered employment factories re-established and their mandate clarified.

Summary Employment Services Bill repositions the service to play a role in employment promotion within an expanded legal framework. The ES Bill provides for regulation of the operations of Private Employment Agencies. Productivity SA & Protected Employment Enterprises re-established and fully provided for in law.

Thank you