1. MAINSTREAMING GENDER, YOUTH AND PEOPLE WITH DISABILITIES
11 November 2011
Overall Responsibility
DG: N Nhleko

2. Presentation Outline Employment Equity Employment Services
Sheltered Employment Factories

3. EMPLOYMENT EQUITY ACT, 1998
Context of the EEA in relation to Constitution
Purpose of the EEA
Chapter 2: Prohibition of Unfair Discrimination
Regulatory mechanisms - Codes of Good Practice
Chapter 3: Affirmative Action
Monitoring & enforcement mechanisms

4. Context of the EEA
Section (9(2) of the Constitution states that:
“Equality includes the full and equal enjoyment of all rights and freedom. To promote the achievement of equality, legislative and other measures designed to protect or advance persons, or categories of persons disadvantaged by unfair discrimination may be taken”

5. Purpose of the EEA Purpose of the EEA is to:
achieve equity in the workplace by promoting equal opportunity and fair treatment in employment through elimination of unfair discrimination; and
implementing affirmative action measures to redress the disadvantages in employment experienced by designated groups to ensure their equitable representation in the workplace.

6. CHAPTER 2: Prohibition of Unfair Discrimination
Every employer must take steps to promote equal opportunity in workplace by eliminating unfair discrimination.
Section 6 states that:
‘No person may unfairly discriminate, directly or indirectly against an employee in any employment policy or practice based on one or more grounds, including race, gender, sex, pregnancy, age, disability, religion, HIV status, etc.’

7. CHAPTER 2: Codes of Good Practice
Code on Key Aspects of HIV & AIDS and Employment (2000) & its Technical Assistance Guidelines (TAGS) to –
‘To provide implementation guidelines on how to ensure that individuals affected by HIV & AIDS are not unfairly discriminated against in the workplace’
Code on Employment of People with Disabilities & TAGs (2002) to
‘To provide implementation guidelines to ensure that employees with disabilities know their rights and are able to deal with unfair treatment and discrimination against them in the workplace.’

8. CHAPTER 2: Codes of Good Practice Cont..
Code on Integration of EE in HR Policies & Practices (2005) to –
‘To provide implementation guidelines on how to promote equality and fair treatment by amongst other things, mainstreaming gender equality issues in HR policies and practices to eliminate unfair discrimination in the workplace.’
Code on Handling of Sexual Harassment Cases in the workplace (2005) to –

9. CHAPTER 3: Affirmative Action
Applies only to DESIGNATED employers (i.e. Employers with 50 and more employees)
Designated employers are required to:
consult employees;
conduct analysis of workplace policies and practices, workforce profile & environment;
prepare & implement EE Plan; and
submit EE Report to indicate progress in achieving EE.
Monitoring & enforcement mechanisms by DOL:
CEE Annual Reports with EE status
EE inspections
DG Reviews

10. EMPLOYMENT SERVICES
Public Employment Services Interventions and achievements during the first two Quarters: 1st April to 31st September 2011

11. Key output: 300 000 Jobseekers registered on the system
Province
Target as at end Sept 2011
Quarter 1
Quarter 2
Actual achievement as at end Sept 2011
Variance EC
45 000
8214
10489
18703
-26297 FS
33 000
9357
9436
18793
-14207 GP
60 000
37367
73416
110783
+50783
KZN
39 000
29071
25207
54278
+24278
LIMP
27 000
12297
18426
30723
+3723 MP
30 000
8903
11111
20014
-9986 NC
18 000
4751
5703
10454
-7546 NW
24 000
3748
5611
9359
-14641 WC
16687
24247
40934
+16934
Total
130395
183646
314041
+14041

12. People from designated groups referred to training employment opportunities : Youth
Province
Target as at end Sept 2011
Actual achievement as at end Sept 2011
Quarter 1
Quarter 2
Variance EC
7500
2704
402
2302
 -4796 FS
5500
4094
3554
540
 -1406 GP
10000
1729
148
1581
 +8271
KZN
6500
743
534
209
 -5757
LIMP
4500
1960
103
1857
 -2540 MP
5000
945
598
347
 -4055 NC
3000
1407
220
242
 -1593 NW
4000
936
 -3064 WC
1207
684
523
-2793
National
50000
15725
7179
7601
 -34275

13. People from designated groups referred to training employment opportunities : Women
Province
Target as at end Sept 2011
Actual achievement as at end Sept 2011
Quarter 1
Quarter 2
Variance EC
3750
1700
254
1446
 -2050 FS
2750
2460
2098
362
- 290 GP
5000
1354
224
1130
-3646
KZN
3250
334
248 86
 -2916
LIMP
2250
988 85
903
 -1262 MP
2500
340
234
106
 -2160 NC
1500
233
153 80
 -1267 NW
2000
730
 -1270 WC
961
620
341
-1039
National
25000
9100
4646
4454
 -15900

14. People from designated groups referred to training employment opportunities : PWD
Province
Target as at end Sept 2011
Actual achievement as at end Sept 2011
Quarter 1
Quarter 2
Variance EC 76 2 1
 +74 FS 54 44 11 33
 -10 GP
100
394
197
+294
KZN 64 4
-60
LIMP 46
 -46 MP 50 NC 30
 -30 NW 40
 -40 WC
212 7
205
+214
National
500
660
220
440
 +160

15. Key Challenges and proposed remedial actions to address the plight of designated groups
PERFORMANCE INDICATOR
MAJOR VARIANCE AND REASONS THEREOF
ACTION TO RESOLVE THE PROBLEM
Job-seekers assessed and profiled
Job-seekers placed/ referred to opportunities and other DOL services
People from designated groups referred for placement in training and income generating opportunities
Insufficient number of Career Counselors
-Employer delay in reporting placement
-Some job seekers do not meet the requirements
-UIF and CF services referrals excluded
-Targets were set too high for other provinces given the current economic climate
Less number of Short term job opportunities and training opportunities received
Appoint additional Career Counselors in Labour Center funded vacancies
-Passage of the ES Bill will compel employers to report
Develop working relations with employers
Provide details of those referred to UI and Training in future reports
Review indicator and secure Treasury approval to effect change
Liaison with EPWP related projects, DHET and SETAs, DTI . Ministry for Woment, Children and PWD etc.

16. Service Product trading as Sheltered Employment Factories
Historical origin and current status SEF
The Service Product Factories currently trading as Sheltered Employment Factories (SEF) were established more than 65 years ago to provide employment opportunities for people with disabilities who were unable to hold down employment in the open labour market due to the nature of their afflictions.
Currently around 97% of the workers across SEF factories fit this profile. There are 12 SEF across South Africa operating in 7 of the 9 provinces, with only Mpumalanga and Limpopo without a facility. Factories are located in Bloemfontein, Cape Town, Durban, East London, Johannesburg, Kimberly, Pietermaritzburg, Port Elizabeth, Potchefstroom and Pretoria.
Collectively they employ 1050 disabled people supported by 120 administration, management and technical staff. With current premises – land, buildings and equipment - there is the potential to provide meaningful work opportunities for more than handicapped people.

17. Service Product trading as Sheltered Employment Factories
Transformation of Service Product Factories
The Department of Labour inherited the SEF from the previous Government and has in the recent past taken a bold step of embarking on a turnaround strategy, which is aimed at transforming the SEF into entities where people with disabilities can be employed regardless of their race, gender or creed.
The attainment of legal status for the SEF will enable the organisation to trade effectively and competitively within the industry.
The finalization of the business case will mean the SEF will be established as an entity that can financed adequately and conduct trade.

18. Service Product trading as Sheltered Employment Factories
The SEF proposed future
The SEF is about to commence with the second phase of the business case that will mean;
The SEF will have a legal identity
The SEF can compete competitively in the market
Adequate funding is provided to finance operational costs.

19. Service Product trading as Sheltered Employment Factories
SEF Production capability
SEF has improved production capacity whereby all the 12 SEF factories utilize at least 95% of their production capacity. With the assistance of Productivity SA project that is being piloted and our Johannesburg textiles factory, we will realign our production standards with industry standards
– by reengineering factory set-ups and manufacturing to high quality norms. The project has unearthed other related issues that affect production levels and capacity which we have undertaken to address immediately where possible.

20. Service Product trading as Sheltered Employment Factories
Employment Creation through the SEF
SEF has developed various business proposals and made submissions to the W&R SETA, the FP&M SETA for them to use SEF capability to create jobs for PWD. Youth. The 2nd proposal is for piloting provision of Basic Education in 3 Provinces to provide gainful employment to young people.
With the financial support from government and increase in sales of SEF products and services, SEFs have the potential to grow into a national network of factories and factory outlets that contribute to the economic empowerment of people with disabilities (including ex-combatants), that support metropolitan, rural and local community organizations and enterprises. Where disabled people are to contribute to, and be integrated into the nation’s economy.

21. Thank You 21