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Presentation to the Portfolio Committee on Labour

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1 Presentation to the Portfolio Committee on Labour
07 September 2010 Annual Report: 2009/10 Overall Responsibility Acting Director General: Sam Morotoba

2 Programmes / Branches of the DoL 2009/10 2
Programme 1: Administration Communication Financial Management Human Resources Management Information Technology Internal Audit Risk Management Security Services Programme 2: Service Delivery (SD) Programme 3: Employment and Skills Development Services / Human Resources Development (ESDS) Programme 4: Labour Policy and Labour Market Programmes (LP & LMP) Programme 5: Social Insurance Unemployment Insurance Fund (UIF) Compensation Fund (CF)

3 DoL KEY RESULT AREAS The Ministerial Programme of Action (2004 – 2009) consists of the following Strategic Objectives or Key Result Areas (KRA’s): KRA 1: Contribution to Employment Creation KRA 2: Enhancing Skills Development KRA 3: Promote Equity in the Labour Market KRA 4: Protecting Vulnerable Workers KRA 5: Strengthening Multilateral and Bilateral Relations KRA 6: Strengthening Social Protection KRA 7: Promoting Sound Labour Relations KRA 8: Strengthening the Capacity of Labour Market Institutions KRA 9: Monitoring the Impact of Legislation KRA 10: Strengthening the Institutional Capacity of the Department

4 Programme 1: Administration Acting DDG: Corporate Services
4 Programme 1: Administration Acting DDG: Corporate Services ADV :N PHASHA

5 Programme 1: Administration 5 Measurable Objectives:
Purpose: Provide for the overall management of the department and for strategic support and advisory services. Measurable Objectives: Communication creates awareness about available services in DoL. Financial Management, Enhance Assets and office administration and supply chain management. Human Resources Management ensures effective and efficient utilisation of human capital and renders legal services to the department. Information Technology through the PPP with Siemens caters for the full spectrum of IT needs and requirements of the DoL.

6 Programme 1: Administration 6 Measurable Objectives: (Continued)
Purpose: Provide for the overall management of the department and for strategic support and advisory services. Measurable Objectives: (Continued) Internal Audit provides management and the Audit committee with independent objective assurance that improves effectiveness of governance, risk management and control processes Risk Management pro-actively manages / addresses risks that have a negative impact on the DoL’ s performance Security Services renders security support aimed at protecting DoL information, staff and assets

7 Communication 7 Progress Media Liaison
Directorate initiated the media profiling for both the Ministerial events and departmental programmes. Media alerts, media statements and media briefing were utilised to communicate various messages on the offerings of the Department. Marketing and Advertising The period under review was marked by the implementation of 11 advertising campaigns including : Employment Equity ( EE) Road-shows awareness campaigns. EE On-line reporting deadline Worker’s rights and Inspection and Enforcement Services campaign. World Day for Safety and Health Campaign Sheltered Employment Factories Awareness Child Labour – Children Working in Hazardous Conditions. Media Production A total of publications of different titles were distributed at various departmental events, provincial offices, and labour centres.

8 Progress Legal services 8
Litigation- 147 cases handled and court processes are running. Debts debt collection cases were handed to State Attorneys for recovery. Contracts - 91 contracts finalised. Legal Opinions- 49 opinions finalised.

9 Human Resource Management 9
Progress Employment Equity The department has exceeded the national target of 2% for people with disability. Currently has employed 2.6%. The Senior Management Services ( SMS levels 13-16) level is dominated by males (67.9%). However, in 2009/10 period there has been slight progress from 31% in 2008/9 to 32.1%. This represent an increase of 1.1% on female representation. Overall, males are under-represented in lower levels 1-12 whilst females are over-represented in the same levels.

10 Human Resource Management 10
Progress Establishment The vacancy rate has been reduced by 3.4% from 17.2% in 2008/9 to 13.8% in 2009/10. As at end of Aug 2010, the vacancy rate stood at 11%. During the 2009/10 period, the establishment grew by 4.7% in comparison to the 2008/9 year. In April 2010, the department has achieved the smooth transfer of Skills Development staff to Department of Higher Education & Training (DHET) in line with National Macro Organisation of State (NMOS). Challenges Pre-employment screening and verification of qualification by SAQA. Organisation structure not adequately funded and does not support the business of the organisation.

11 The Risk Management Unit was established in 2009/10 financial year
Progress The Risk Management Unit was established in 2009/10 financial year The department developed, reviewed and approved the Risk Management Strategy, Risk Policy and Fraud Prevention Plan and in the process of implementation.

12 Internal Audit 12 Progress
30 audits were planned and 27 (90% ) were finalised and reports issued. 3 (10%) draft reports issued/outstanding audits.

13 Progress Security Services 13
1. Security strategy as well as security awareness program were implemented in 7 offices: Eastern Cape/ North West / Gauteng South / KZN / Mpumalanga/ Unemployment Insurance Fund and Head Office 2. Security gave support to Ministerial izimbizos at : World OHS day in Bloemfontein Worcester, De Doorns, Ashton, Robertson, Swellendam and; Zimbabwean Ministerial delegation Challenges The Vetting Unit could not be established due to none allocation by National Treasury.

14 Programme 2: Service Delivery
14 Programme 2: Service Delivery DDG: Service Delivery Ms S Zondeki

15 evaluation and inspections Measurable Objectives:
Programme 2: Service Delivery PROGRAMME PURPOSE: Ensure implementation of and compliance with department of labour policies and programmes through monitoring, evaluation and inspections ENE 2008/ /11 Measurable Objectives: 6 500 Jobs registered on the Employment Services Database. 65% (4 225) of registered work seekers placed in permanent employment (jobs registered). 2 000 of Occupational health and safety incidents investigated. 2% decrease in workplace related injuries, diseases and deaths. 75% compliance with legislation by inspected workplaces. 80% of labour complaints settled within 90 days

16 KRA 1. Contribute to employment creation 16
SUB-PROGRAMME OUTPUT PERFORMANCE MEASURES ACTUAL STATUS TARGET Increase the percentage of work-seekers placed in employment to 70% of registered opportunities per year, using the employment services database 65% 41% (20003) registered jobseekers placed against registered opportunities Registered jobseekers increased from in 2008/9 to in 2009/10 Registered opportunities increased from in 2008/9 to in 2009/10

17 KRA 3: Promote Equity in the Work Place 17
SUB-PROGRAMME OUTPUT PERFORMANCE MEASURES ACTUAL STATUS TARGET Implement and enforce EEA and SD Acts and related AA Measures Ensure that companies requesting foreign labour (international labour migration) through the Department of Labour from April 2009 implement and are 60% compliant with their EE and Work Place Skills Plans by 2011/12. Provincial database collection template developed 1 783 companies applied for foreign labour in 2008/09 are listed on the database and provided to Provinces 528 companies were added resulting in companies on the database. 195 were inspected, with 126 and 84 found to have measures to comply with EEA and WSP respectively.

18 KRA 3: Promote Equity in the Work Place 18
SUB-PROGRAMME OUTPUT PERFORMANCE MEASURES ACTUAL STATUS TARGET Implement and enforce EEA and SD Acts and related AA Measures At least of EE designated employers on the Provincial EE Database are targeted and inspected to achieve at least 75% procedural compliance within 90 days of inspection Procedural Compliance by designated employers improved to 85% compared to 83% in 2008/09 against a target of 75%. 9 539 (85%) of the EE designated employers targeted for procedural compliance complied

19 EE designated employers 19
 PO No. on database as at 31 March 2009 Target No inspected No. of companies with measures to comply at least 75 % procedurally within 90 days. % complying EC 305 1200 204 67% FS 1000 800 1683 1538 91% GN 1260 1495 1162 78% GS 1160 1500 1291 86% KZN 2433 1800 3020 2668 88% LP 801 616 550 89% MP 900 802 691 NC 747 400 509 391 77% NW 666 700 436 395 WC 1100 815 649 79% TOTAL 10372 10000 11181 9539 85%

20 KRA 4: Protection of Vulnerable Workers 20
SUB-PROGRAMME OUTPUT PERFORMANCE MEASURES ACTUAL STATUS TARGET Ensure decent work by implementing and enforcing compliance with all labour legislation Advocate and enforce compliance with the health and safety legislation to reduce incidents in the high risk industries by 2% 75% inspected workplaces compliance 80% labour complaints settlement 2% reduction of incidents in the high risk industries 80% ( of the ) of the inspected workplaces complied 82% ( of ) complaints were settled. Labour complaints received decreased from in 2008/09 Reported OHS incidents decreased by 34% (1 798) from in 2008/9 to /10 3 528 OHS incidents registered and (54%) were investigated and 1 574(45%) finalised; compared 56% investigated and finalised in 2008/9.

21 KRA 4 : Protect Vulnerable Workers Workplaces 21 compliance
PO Total number of inspectors Target inspections No. of workplaces inspected No. of workplaces complying within 90 days % compliance within 90 days EC 75 13680 14177 10633 75% FS 60 10800 11771 10717 91% GN 68 12240 17679 13532 77% GS 116 20880 27713 20988 76% KZN 120 23426 22461 19004 82% LP 76 10125 10102 7114 70% MP 57 10260 10298 9400 NC 36 6143 6746 5456 81% NW 53 9540 10175 8567 84% WC 94 15582 16434 12658 TOTAL 755 132676 147556 118069 80%

22 KRA 4 : Protect Vulnerable Workers Complaints 22
PO Total number of complaints received by CSOs and inspectors, excluding those referred for investigation Total number of complaints investigated Total number of complaints settled within 90 days by both CSOs and inspectors % EC 8341 6382 77% FS 11294 10646 9696 86% GN 30317 25374 24393 80% GS 62663 55349 48566 78% KZN 19895 13555 19049 96% LP 14601 1929 13068 90% MP 16146 2195 13229 82% NC 2388 2341 2021 NW 4677 5282 4400 94% WC 14267 11360 10027 88% TOTAL 184589 136372 150831

23 SDFW-SCM process very lengthy.
Key Challenges Lack of case management system; and Lack of competence in OHS and capacity to investigate incidents. System readiness (enhancements) and inadequate human resources necessitated a hybrid implementation, both manual and electronic. SDFW-SCM process very lengthy. Signing of contracts stopped with effect of 1November 2009 due to transfer of skills development functions to DHET.

24 Corrective Measures IES case management System is being developed to improve data and information management targeting finalisation in 2010. Roving team of inspectors established and Capacity development programme implemented. Resource the Labour Centres adequately (human and infrastructure/financial). Service provider to be monitored to deliver a more efficient system and Labour Centre to be resourced appropriately (human & infrastructure). ES System is being enhanced for readiness to facilitate electronic data capturing and processing.

25 KRA 6: Strengthening social protection (10%) 25
PERFORMANCE MEASURES ACTUAL STATUS TARGET 70% of UI claims finalised within five (5) weeks 51.5% of UI claims finalised within five (5) weeks

26 KRA 6: Strengthening social protection (10%) 26
PO UI Claims received UI claims approved UI Claims finalised within 5 weeks % UI Claims finalised within 5 weeks EC 71269 69964 14822 20.8 FS 37586 36441 21537 57.3 GN 58115 56794 43564 75.0 GS 171660 166179 69329 40.4 KZN 145484 143941 96717 66.5 LP 48349 44773 22908 47.4 MP 63891 58880 51268 80.2 NC 20458 20176 11205 54.8 NW 37534 37357 26522 70.7 WC 139116 135702 50393 36.2 TOTAL 793462 770207 408265 51.5

27 Programme 3: Employment and Skills Development Services and
27 Programme 3: Employment and Skills Development Services and Human Resources Development (ESDS) DDG: S Morotoba

28 Measurable Objectives:
Programme 3: Employment and Skills Development Services / Human Resources Development (ESDS) PROGRAMME PURPOSE: Contribute to employment creation and skills development by promoting and monitoring the achievement of the objectives of the National Skills Development Strategy (NSDS) and the National Human Resource Development Strategy ENE 2009/10 Measurable Objectives: Reduce unemployment by developing the skills of unemployed work seekers and placing 70% in employment by 2010.

29 Measurable Objectives: (Continued)
Programme 3: Employment and Skills Development Services / Human Resources Development (ESDS) Measurable Objectives: (Continued) Enable growth, productivity and sustainability by supporting the National Skills Fund and Sector Education and Training Authorities (SETA’s) so that 2 000 non levy paying enterprises, non-government organisations and co-operatives receive skills development funding by 2010. Increase the pool of qualified persons with scarce skills by providing top up funding to SETA’s, the National Student Financial Aid Scheme and the National Research Foundation in order to assist unemployed learners to enter scarce and critical skills programmes in learnerships, apprenticeships, internships, bursaries and skills programmes by 2010.

30 KRA 2: Enhance Skills Development 30
SUB-PROGRAMME OUTPUT PERFORMANCE MEASURES ACTUAL STATUS TARGET Number of additional unemployed persons assisted to enter learning programmes. Number of new learners who have completed learning programmes Number of new undergraduate bursaries awarded Number of new post graduate bursaries awarded 18 000 9 000 7 000 1 700 10 134 Not reported 3 598 undergraduate bursaries awarded 1 088 post graduate bursaries were awarded

31 KRA 2: Enhance Skills Development 31
SUB-PROGRAMME OUTPUT PERFORMANCE MEASURES ACTUAL STATUS TARGET Number of new Adult Basic Education and Training (ABET) learners registered by the NSF. Number of new registered ABET learners who have completed programmes Number of additional unemployed people trained Number of trained unemployed persons placed in employment 40 000 20 000 90 000 63 000 56 669 44 759 11 928 6 933

32 KRA 2: Enhance Skills Development 32
SUB-PROGRAMME OUTPUT PERFORMANCE MEASURES ACTUAL STATUS TARGET Number of additional cooperatives that receive skills development support Number of ABET learners registered by SETAs Number of additional ABET learners who have completed programmes. 1 000 40 000 5 404 41 536 20 472

33 KRA 2: Enhance Skills Development 33
SUB-PROGRAMME OUTPUT PERFORMANCE MEASURES ACTUAL STATUS TARGET Number of workers assisted to enter scarce and critical skills programmes through learnerships, apprenticeships, internships, bursaries and skills programmes % percentage of workers enrolled in scarce and critical skills programmes who have completed learning programmes. Number of additional unemployed people trained as part of the social development programmes 26 000 50% (13 000) 90 000 (Numbers are included in the below)

34 KRA 2: Enhance Skills Development 34
SUB-PROGRAMME OUTPUT PERFORMANCE MEASURES ACTUAL STATUS TARGET Percentage of trained unemployed people placed in employment Number of additional unemployed people assisted to enter scarce and critical skills programmes through learnerships, apprenticeships, internships, bursaries and skills programmes. Number of additional unemployed learners who have completed learning programmes. Number of additional youth supported through New Venture creation programme. 70% 26 000 (50%) 2 000 (Numbers are included in the below) 62 909 48 229 3 412

35 Challenges Challenges experienced included the following : The economic recession resulted in a lesser number of apprentices indentured. Number of new learners who completed learning programmes couldn’t be verified since Provincial government reports were still outstanding by end of April 2010. Insufficient applications from learners meeting requirements were received by NSFAS & NRF. Uncertainties regarding funding allocation beyond 1st November 2009 transfer of skills development functions to DHET by resulted in DoL Provincial Offices not signing new contracts.

36 Challenges (cont.) 5. Individual SETA targets on ABET were low and the target could not be achieved due to Sectoral or industry challenges experienced with ABET programmes. 6. The completion rate is based on the number of workers registered during the and some programmes that are 3yrs long. Learners registered during 2009/10 were still in programmes. 7. The company intake of unemployed learners declined sharply partly due to economic recession challenges that they experienced during the 2009/10 financial year.

37 Programme 4: Labour Policy and Labour Market Programmes
37 Programme 4: Labour Policy and Labour Market Programmes (LP & LMP) DDG: L Kettledas

38 PURPOSE: Establish an equitable and sound labour relations environment
Programme 4: Labour Policy and Labour Market Programmes PURPOSE: Establish an equitable and sound labour relations environment and promote 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 the institutions that promote social dialogue. Measurable Objective: Improve employment equity by inspecting additional Johannesburg Stock Exchange listed companies each year for substantive compliance with legislation.

39 KRA 3: Promote Equity in the Labour Market 39 Performance Indicators
Target Actual Implement the Director-General Review System (DG Review) 67 JSE listed companies were reviewed and Employment Equity Plans approved. 12 National EE Awareness campaigns were successfully conducted in all Provinces. New EEA Forms and Guidelines for on-line reporting were published. 4. The 10th CEE Annual Report was published

40 KRA 4: Protect Vulnerable Workers 40 Performance Indicators
Actual Sectoral determinations reviewed and amended 5 Sectoral determinations were reviewed and amended. A report on the outcome of the investigation into the Welfare Sector was completed although a sectoral determination was not made in the sector. The Hospitality Sector investigation has been finalized and a report has been submitted to the ECC for its consideration. Applications for variations dealt with: 555 received 402 granted 138 refused 2 withdrawn

41 KRA 4: Protect Vulnerable Workers 41 Performance Indicators
Target Actual Regulate child labour OHS Regulations on worst forms of child labour published. A report tool for different government departments was developed. 8 Civil Society Organisations that are involved in building capacity of labour organizations and train vulnerable workers about their rights, were funded.

42 KRA 5: Promote Sound Labour Relations 42 Performance Indicators
Actual Registration of labour organizations De-register non- genuine and non-compliant Labour 118 New applications 17 approved (13 trade unions & 4 employers org) 101 rejected Total number of registered labour organizations: Trade Unions = 199 Employers’ Org = 167 Bargaining Councils = 47 19 non-genuineness (11 trade unions and 8 employers’ org) 26 non compliance (18 trade unions & 8 Employers’ Org) 4 cancellations due to amalgamations

43 KRA 5: Promote Sound Labour Relations 43 Performance Indicators
Target Actual De-register non-genuine and non-compliant Labour Organizations. 31 collective agreements were dealt with. 13 were for renewal of period and extension of period of operation. 18 for extension of collective agreements to non-parties to cover employees.

44 KRA 9: Monitor the Impact of Legislation 44 Performance Indicators
Target Progress Implement the second Research, Monitoring and Evaluation agenda (RME 2) RME 2 was developed and approved, which entails the following research themes: Evaluation of the National Skills Development Strategy (NSDS) II; Client Satisfaction Survey for the Unemployment Insurance Fund; Non-compliance with Unemployment Insurance Fund (UIF) Act; OHS risk sectors; and 5. An assessment of the implementation of Employment Services of South Africa (ESSA).

45 KRA 9: Monitor the Impact of Legislation 45 Performance Indicators
Target Progress Implement the second Research, Monitoring and Evaluation agenda (RME 2) The following research projects were conducted in 2009/10, three of which were commissioned - one of them was conducted internally and another one conducted in collaboration with the University of Witwatersrand (Wits): Evaluation of Minimum wages and conditions of employment in the Unskilled Labour sector; Evaluation of sectoral determinations in addressing the plight of vulnerable workers; Evaluation of Bargaining Council and Pension Funds. Creative Workers Industry; and Labour Migration in Construction study.

46 KRA 9: Monitor the Impact of Legislation 46 Performance Indicators
Target Progress Produce and publish Annual Labour Market reports were The following Annual Labour Market reports were produced and published: Annual Labour Market Bulletin 2009/10; Annual Industrial Action report 2009; Annual Job Opportunity and unemployment in South Africa 2009/10; In addition, the following ministerial briefing reports were submitted: Key findings on LM indicators and UIF data for all quarters in the financial year 2009/10.

47 KRA 9: Monitor the Impact of Legislation 47 Performance Indicators
Target Progress Projects developed and completed. DoL Executive Dashboard system developed and implemented by April Users training provided and system loaded in the DoL server. Vacancy filling pilot survey planning started; to be completed in March 2011. Compensation Fund Client Satisfaction survey 2010 planning started; to be completed in March 2011

48 Sheltered Employment Factories 48 Performance Indicators
Target Progress Improve the administration, production and financial control of the employment centre for the disabled. Appointment of permanent factory managers in all 12 factories. Factories operating between 50 – 70% capacity. Procedure policies developed and adopted. New inventory procedure being piloted. Signed an MoU with Productivity SA to improve factory productivity and competitiveness. New products planned for introduction during second quarter of 2010/11.

49 Finance Report CFO: Mr B Maduna
49 Finance Report CFO: Mr B Maduna

50 Comparative Expenditure Information between 2008/9 and 2009/10 50
In the Appropriation Statement for Vote 15: Labour for the 2009/10 financial year, expenditure to the value of R2,063 billion is reflected as having been defrayed against the Adjusted Vote of R2,090billion. This represents an expenditure level of 98.7% of the Vote as compared to the 2008/09 financial year with expenditure levels at 94%. Expenditure per Main Division of the Vote is recorded as follows:

51 Comparative Expenditure Information between 2008/9 and 2009/10 51

52 All the issued were cleared
AUDIT QUALIFICATIONS 2008/2009 Major Assets Asset Register in accordance with requirements from NT (bar codes, Locations, Bas/LOGIS/Asset Register Reconciliation Incorrect values Reconciling the prior years (2006/2007,2007/2008, 2008/2009) 2009/2010 All the issued were cleared

53 2008/2009 PPP Assets 2009/2010 PPP Assets AUDIT QUALIFICATIONS 53
Adjustment to the prior year not appropriately substantiated Not all current year additions to PPP assets were accounted for 2009/2010 PPP Assets Inadequate PPP Assets Register Difference in the closing balance between the Asset Register and the tangible assets

54 OTHER MATTERS Contingent asset (claiming of R5 million from a service provider due to overpayment). Unauthorised/fruitless and wasteful/irregular expenditure (Amounting to R3.3 million). Non compliance with regulatory and reporting requirements. Investigations into alleged internal control deficiencies at INDLELA instituted in the current year. Investigations on allegations of fraudulent payments were completed.

55 Thank you


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