Birchwood Conference Centre, National Workshop: “Consensus-Building” on the Implementation of the ILO’s Recommendation 204 on Transition from the Informal to the Formal Economy Birchwood Conference Centre, Johannesburg, South Africa 23 – 25 May 2017 The Programme Director, Ladies and Gentlemen, The Convening Senior Commissioner of the CCMA, the Chief Director Provincial Operations of the Department of Labour, and Colleagues, Good Morning I am not going to take you through all the amended legislation. The purpose of this presentation is to provide you with a broad overview on the amendments and a preview on the Employment Service Act that Martin will later present.

FACILITATING TRANSITIONS FROM THE INFORMAL TO THE FORMAL ECONOMY CONTENT: * Background: ILC discussion, Post ILC: Est. Task Team; Gap Analysis Study * Guiding Principles * 2016 National Summit (Bloemfontein Commitment) * DoL follow-up and activities * Development of Employment Policy * Labour Law Amendments Presentation will focus on the following points: Discussion informed by acknowledgement that Informal Sector has a significant contribution to economic growth and job creation. There are however decent work deficit in the sector and this poses various policy challenges; Reccommendation 204, the first international instrument dealing with informal economy provide guidance on possible policy responses but more importantly in how do deal with decent work deficit in the sector by formalising it As South Africa, post the Conference we established a Task Team that sought to decipher the Recommendation and outline approaches to its future path. This resulted in the process of doing a Gap Analysis that sought to give us a clear picture on what optains in our country with regards the informal sector 12 November 2018

FACILITATING TRANSITIONS FROM THE INFORMAL TO THE FORMAL ECONOMY * The Department of Labour stands committed to continue forging partnership with social partners in order to implement the recommendations of the instrument to formalize the informal economy. Thus ensuring the protection of workers rights in the informal economy through: Social protection; and Advocating for decent working conditions Unwavering commitment 12 November 2018

FACILITATING TRANSITIONS FROM THE INFORMAL TO THE FORMAL ECONOMY Guiding Principles Specific national context and priorities for the transition to the formal economy; Fulfilment of decent work for all through respect for fundamental principles and rights at work, in law and practice; Up-to-date international labour standards that provide guidance in specific policy areas Although there are 12 guiding principles agreed to, we focussing on these 3. - Critical to scan and determine environment. - FPRW: Adopted in 1998, commit to respect to promote rights in 4 categories, whether or nor ratified relevant Convention – * Freedom of Association and effective recognition of Collective Bargaining; * Elimination of Forced or Compulsory labour; * Abolition of Child Labour; * Discrimination. - Ratified Convention and role of Social Partners. 12 November 2018

FACILITATING TRANSITIONS FROM THE INFORMAL TO THE FORMAL ECONOMY LEGAL and POLICY FRAMEWORKS Adopt, review and enforce national laws and regulations or other measures to ensure appropriate coverage and protection of all categories of workers and economic units.. The Minister of Labour committed to the Informal Economy National Summit last year to ensure (whilst she is still Minister), amendments to laws and regulations. Obviously, a consultative process involving Social Partners would have to be engaged, and we happy that the outcomes from this workshop will contribute to that, but also hasten its prioritisation. 12 November 2018

FACILITATING TRANSITIONS FROM THE INFORMAL TO THE FORMAL ECONOMY What is needed to give effect to this process : Cross-cutting policies to ensure the transition from the informal to formal economy. Promote social dialogue in the informal economy with a view to have informal workers represented on tripartite policy discussions in order to facilitate their formalization Inspections should also be extended to all workplaces including those in the informal economy. We are in agreement of the need for amending the law that will deliver 12 November 2018

WHERE ARE WE

FACILITATING TRANSITIONS FROM THE INFORMAL TO THE FORMAL ECONOMY Process of developing the Employment Policy International Labour Standards Global Supply Chain Amendments to laws and regulations The DoL is currently engaging the ILO with a view of developing the country’s employment plan. Whilst this is embedded in our NDP, T there are growing calls to have specific stand alone reference to this. Once we have agreed on the concept document we are developing, this will be presented to the DWCP Task Team for discussion before presented to NEDLAC. SA has ratified 27 Conventions of which 2 have been denounced. We engaging the labour component of Social Partners on a 2 day workshop this week to engage on their role in the process of future ratifications but more importantly on implementation reports we submit annually under Article 22 of the ILO Constitutions. Location and representation: Key area of importance in delaing with informality in relation to the Global Supply Chain. We have just finalised (working with the ILO) a concept discussion document that will serve as a base document for a tri-lateral workshop (SA-Zambia-Zimbabwe) as we begin the process of follow-up to the 2016 ILC discussions. Follow-up has been slack on this, impetus to be given by this workshop with clear indications on which national laws and regulations to be amended, how to handle collective agreements, what policies and programmes to look at and very key how do we ensure effective coordination 12 November 2018

Thank You… 12 November 2018