The Department of Labour Annual Performance Report (APR):

The Department of Labour Annual Performance Report (APR):
01 April 2015 – 31 March 2016 Annual Performance Plan (APP) Presentation to the Select Committee on Labour and Public Enterprises 31 JANUARY 2017

TABLE OF CONTENTS INTRODUCTION LEGEND
OVERALL ACHIEVEMENTS PER STRATEGIC OBJECTIVE AND PER BRANCH AS AT 31 MARCH 2016 PROGRAMME PERFORMANCE DURING THE FINANCIAL YEAR OF CONCLUSION Chief Directorate Communication |

INTRODUCTION INTRODUCTION - The Constitutional Mandate of the DoL - The Policy Mandate of the DoL

INTRODUCTION THE CONSTITUTIONAL MANDATE OF THE DOL
Section 9, to ensure equal access to opportunities. Section 10, promotion of labour standards and fundamental rights at work. Section 18, Freedom of association. Section 23, To ensure sound Labour relations. Section 24, To ensure an environment that is not harmful to the health and wellbeing of those in the workplace. Section 27, To provide adequate social security nets to protect vulnerable workers. Section 28, To ensure that children are protected from exploitative labour practices and not required or permitted to perform work or services that are inappropriate for a person of that child’s age or their well‐being, education, physical or mental health or spiritual, moral or social development is placed at risk. Section 34, Access to courts and access to fair and speedy labour justice.

INTRODUCTION THE POLICY MANDATE OF THE DOL
Improved economic efficiency and productivity. Creation of decent employment. Promoting labour standards and fundamental rights at work. Providing adequate social safety nets to protect vulnerable workers Sound labour relations. Eliminating inequality and discrimination in the workplace. Enhancing occupational health and safety awareness and compliance in the workplace. Give value to social dialogue in the formulation of sound and responsive legislation and policies to attain labour market flexibility for competitiveness of enterprises which is balanced with the promotion of decent employment

LEGEND Implication: Achieved
Performance Indicator is on track or reflects complete implementation. Target achieved 100% + Complete Implication: Partially Achieved Performance Indicator is on track but the target has not been completely achieved. 75-99% Complete Implication: Not Achieved Performance Indicator behind schedule. Target not achieved immediate intervention is needed. 0% - 75% Complete

ANNUAL PERFORMANCE PLAN: 2015/16
OVERALL ACHIEVEMENTS PER STRATEGIC OBJECTIVE DURING FINANCIAL YEAR 2015/16 REPORTING PERIOD: 01 APRIL MARCH 2016

ANNUAL PERFORMANCE PER STRATEGIC OBJECTIVE: APP 2015/16
Strategic Objectives Annual Performance: 2015/16 STRATEGIC OBJECTIVES Planned Indicators Achieved Partially Achieved Not Achieved Overall Achievement % Contribute to decent employment creation 9 4 2 3 44% Protect vulnerable workers 7 43% Strengthen multilateral and bilateral relations 1 100% Strengthen occupational safety protection 6 67% Promote sound labour relations 0% Monitor the impact of legislations Strengthen the institutional capacity of the Department 18 8 5 Promote equity in the labour market 83% OVERALL PERFORMANCE 50 25 50% 14 28% 11 22%

ANNUAL PERFORMANCE PER PROGRAMME: APP 2015/16
BRANCH Total Number of Indicators 2015/16 Achieved Partially Achieved Not Achieved Overall Achievement % Administration 18 8 5 44% Inspections and Enforcement Services 16 10 3 63% Public Employment Services 9 4 2 Labour Policy and Industrial Relations 7 43% OVERALL PERFORMANCE 50 25 14 11 50% 28% 22%

THE DOL 2015/16 ANNUAL PERFORMANCE: ENE INDICATORS
ENE PERFORMANCE INDICATORS ENE TARGETS OVERALL ACHIEVEMENTS Number of workplaces/employers inspected and reviewed per year to determine compliance with various labour legislation Number of work seekers registered on the Employment Services of South Africa system per year Number of work seekers registered on the system provided with employment counselling per year 208 989 Number of work seekers placed in registered employment opportunities per year 25 000 10 927 Number of pay scales accessed per year to reduce gaps in minimum wage determinations 4

PROGRAMME PERFORMANCE: APP 2015/16
PROGRAMME 1: ADMINISTRATION ANNUAL PERFORMANCE REPORTING PERIOD: 01 APRIL MARCH 2016

PROGRAMME 1: ADMINISTRATION
Strategic Goal 8: Strengthening the institutional capacity of the Department (OUTCOME 12: AN EFFICIENT, EFECTIVE AND DEVELOPMENT ORIENTED PUBLIC SERVICE ) KEY PERFORMANCE INDICATOR 2015/16 ANNUAL TARGET ACTUAL PERFORMANCE DEVIATION FROM PLANNED TARGET COMMENTS ON DEVIATION 1.1 Strategic Plan and Annual Performance Plan approved and tabled as per prescribed timeframes Strategic Plan and Annual Performance Plan approved by end of February for tabling in Parliament by 31 March ACHIEVED APP and SP were tabled on 7 March None 1.2 Improve the Department’s performance based on the Management Performance Assessment Tool (M-PAT) assessment criteria 55% of total Department’s M-PAT standards per KPI at level 3 and 4 55% of total Department’s M-PAT standards per KPI at level 3 and 4 by 31 March 2016 PARTIALLY ACHIEVED 37% of total DoL MPAT standards per KPI are at level 3 and 4 18% Better coordination and prioritization of M-PAT by the DoL; This is an Indicator for the DoL Strategic Plan and APP 2016/17 1.3 Number of monitoring reports on Service Delivery Improvement Plan (SDIP) produced within 30 days after quarter end/year end 4 monitoring reports on SDIP produced within 30 days after quarter end/year end NOT ACHIEVED The SDIP QR 4 approved on 16 May 2016 Submission beyond the due date Some inputs on SDIP were not submitted as per the reporting timelines.

KEY PERFORMANCE INDICATOR DEVIATION FROM PLANNED TARGET
ADMINISTRATION Strategic Goal 8: Strengthening the institutional capacity of the Department (OUTCOME 12: AN EFFICIENT, EFECTIVE AND DEVELOPMENT ORIENTED PUBLIC SERVICE ) KEY PERFORMANCE INDICATOR 2015/16 ANNUAL TARGET ACTUAL PERFORMANCE DEVIATION FROM PLANNED TARGET COMMENTS ON DEVIATION 2.1 Number of Risk Reports set to minimize risk exposure and improve Risk Maturity level. 4 ACHIEVED 4 Risk Reports set to minimize risk exposure and improve risk maturity levels available None 3.1 Percentage of fraud cases received or detected finalised per year within 90 work Days 95% NOT ACHIEVED 42% (of the 86 fraud cases received or detected) 36 cases were finalized within 90 working days by the year end. 2% (2 of the 86 cases were finalized outside 90 working days). 56% (48 of the 86 cases received were not finalized). HQ investigation still in progress as there is reliance placed on our strategic partners (e.g.) State Organs Due to the complex nature of some HQ cases the finalization rate was greatly hampered. To recruit for the vacant and funded positions in 2016/17 financial year. On the job training and transfer of skills where services of forensic firms are procured.

ADMINISTRATION Strategic Goal 8: Strengthening the institutional capacity of the Department (OUTCOME 12: AN EFFICIENT, EFECTIVE AND DEVELOPMENT ORIENTED PUBLIC SERVICE ) KEY PERFORMANCE INDICATOR 2015/16 ANNUAL TARGET ACTUAL PERFORMANCE DEVIATION FROM PLANNED TARGET COMMENTS ON DEVIATION 4.1 Departmental Communication Strategy approved and implemented by end of March 2019 • Communication Strategy and annual action plan approved • 95% implementation of the activities in the annual action plan NOT ACHIEVED Communication strategy reviewed with the PCOs and entities. Awaiting approval from EXCO Several new inputs had to be obtained. Consulted with GCIS, Entities, PCOs as well as Deputy Director General: Corporate Services.

ADMINISTRATION Strategic Goal 8: Strengthening the institutional capacity of the Department (OUTCOME 12: AN EFFICIENT, EFECTIVE AND DEVELOPMENT ORIENTED PUBLIC SERVICE ) KEY PERFORMANCE INDICATOR 2015/16 ANNUAL TARGET ACTUAL PERFORMANCE DEVIATION FROM PLANNED TARGET COMMENTS ON DEVIATION 5.1 Percentage of : (a)women in SMS, (b)youth and (c)persons with disability (PwD) employed in line with the EE Plan by 31 March each year a) 50% b) 33% c) 2.5% PARTIALLY ACHIEVED By the 31st March 2016: 39.7% (48 of the 121 SMS filled posts) was women. 32.5% (2 499 of the 7692 filled posts) youth were appointed in the department. 2.9% (221 of the 7692 filled posts) People with Disabilities were appointed in the department. -10.3% -5.5% -0.1% Due to lack of funds the department had to suspend the filling of vacancies that were unfunded. Youth is moving target and poses a challenge for the department to achieve on it. The 2.9% is above the government threshold of 2%.

ADMINISTRATION Strategic Goal 8: Strengthening the institutional capacity of the Department (OUTCOME 12: AN EFFICIENT, EFECTIVE AND DEVELOPMENT ORIENTED PUBLIC SERVICE ) KEY PERFORMANCE INDICATOR 2015/16 ANNUAL TARGET ACTUAL PERFORMANCE DEVIATION FROM PLANNED TARGET COMMENTS ON DEVIATION 5.2 Percentage of vacancy rate reduced by 31 March 8% PARTIALLY ACHIEVED 12.4% (Of the total 8778 funded posts, 1086 were vacant). -4.4% Due to lack of funds the Department had to suspend the filling of unfunded vacancies. 5.3 Percentage of disciplinary cases resolved in 90 working-days 100% disciplinary cases resolved in 90 working-days 76% of misconduct cases resolved in 90 days. This is calculated from 253 cases that were received and 191 resolved throughout the financial period. 24% The outstanding cases are complex and due to postponements not possible to finalize within the timeframe.

DEVIATION FROM PLANNED TARGET
ADMINISTRATION Strategic Goal 8: Strengthening the institutional capacity of the Department (OUTCOME 12: AN EFFICIENT, EFECTIVE AND DEVELOPMENT ORIENTED PUBLIC SERVICE ) KEY PERFORMANCE INDICATOR 2015/16 ANNUAL TARGET ACTUAL PERFORMANCE DEVIATION FROM PLANNED TARGET COMMENTS ON DEVIATION 6.1 Percentage of Court Papers to resolve Litigation filed with the Court within 10 working days of receipt 90% ACHIEVED 100% (118 Litigation cases were received for the financial year 2015/2016. All 118 cases were attended to within 10 days of receipt) None

ADMINISTRATION Strategic Goal 8: Strengthening the institutional capacity of the Department (OUTCOME 12: AN EFFICIENT, EFECTIVE AND DEVELOPMENT ORIENTED PUBLIC SERVICE ) KEY PERFORMANCE INDICATOR 2015/16 ANNUAL TARGET ACTUAL PERFORMANCE DEVIATION FROM PLANNED TARGET COMMENTS ON DEVIATION 7.1 Implement effective ICT governance Framework Review and implement an ICT governance and ICT Policy frameworks NOT ACHIEVED The SITA outsourced ICT strategic Plan was finalised and ready very late in the financial year ( ) thus making it impossible to implement IT governance as proposed in the Strategy. The SITA outsourced ICT strategic plan was finalized and ready very late in the financial year (22/03/2016) thus making it impossible to implement IT governance as proposed in the strategy. The ICT strategy is now in place. IT governance shall be implemented in alignment with the proposals of the strategy.

ADMINISTRATION Strategic Goal 8: Strengthening the institutional capacity of the Department (OUTCOME 12: AN EFFICIENT, EFECTIVE AND DEVELOPMENT ORIENTED PUBLIC SERVICE ) KEY PERFORMANCE INDICATOR 2015/16 ANNUAL TARGET ACTUAL PERFORMANCE DEVIATION FROM PLANNED TARGET COMMENTS ON DEVIATION 7.2 Annually review and implement the ICT strategy of the Department Implementation of the agreed strategic objective as specified in the Annual Action Plan NOT ACHIEVED The SITA outsourced ICT strategic Plan was finalised and ready very late in the financial year ( ) thus making it impossible to identify and implement the ICT strategic objectives and the related workplan. The SITA outsourced ICT strategic plan was finalized and ready very late in the financial year (22/03/2016) thus making it not possible to identify and implement the ICT strategic objectives and related work plan. The implementation of the 2016/17 work plan.

ADMINISTRATION Strategic Goal 8: Strengthening the institutional capacity of the Department (OUTCOME 12: AN EFFICIENT, EFECTIVE AND DEVELOPMENT ORIENTED PUBLIC SERVICE ) KEY PERFORMANCE INDICATOR 2015/16 ANNUAL TARGET ACTUAL PERFORMANCE DEVIATION FROM PLANNED TARGET COMMENTS ON DEVIATION 8.1 Number of Annual Financial Statements (AFS) and Interim Financial Statements (IFS) compiled per year that comply with guidelines issued by the National Treasury 1 AFS by 31 May, and 3 Interim reports 30 days after each quarter. ACHIEVED 2014/15 Annual Financial Statements was compiled and submitted to the National Treasury by 31 May 2015. 3 Interim Financial Reports were compiled and submitted to the National Treasury on due dates as determined by the National Treasury None

ADMINISTRATION Strategic Goal 8: Strengthening the institutional capacity of the Department (OUTCOME 12: AN EFFICIENT, EFECTIVE AND DEVELOPMENT ORIENTED PUBLIC SERVICE ) KEY PERFORMANCE INDICATOR 2015/16 ANNUAL TARGET ACTUAL PERFORMANCE DEVIATION FROM PLANNED TARGET COMMENTS ON DEVIATION 8.2 Medium Term Expenditure Framework (MTEF) and Estimates of National Expenditure (ENE) prepared according to National Treasury (NT) prescripts Departmental budget compiled and published ACHIEVED Rollover submission, MTEF, AENE, draft ENE for 2016/17 and final ENE for 2015/16 submitted to National Treasury according to due dates as determined by the National Treasury None 9.1 Percentage of compliant invoices paid within 30 days of receipt 100% PARTIALLY ACHIEVED 99.54% ( of the ) of invoices were paid within 30 days of receipt Only 0.46% not paid within 30 days of receipt System errors occurred when the payments were processed.

ADMINISTRATION Strategic Goal 8: Strengthening the institutional capacity of the Department (OUTCOME 12: AN EFFICIENT, EFECTIVE AND DEVELOPMENT ORIENTED PUBLIC SERVICE ) KEY PERFORMANCE INDICATOR 2015/16 ANNUAL TARGET ACTUAL PERFORMANCE DEVIATION FROM PLANNED TARGET COMMENTS ON DEVIATION 9.2 Percentage detection and reporting of irregular, fruitless and wasteful and unauthorised expenditure (TR9.1.2) 100% ACHIEVED A total of thirteen (13) -100% cases amounting to R29 477 for irregular expenditure were detected and reported for the 2015/16 financial year. A total of (sixteen (16) - 100% cases amounting to R82 074.92) for fruitless & wasteful expenditure were detected and reported for the 2015/16. None

ADMINISTRATION Strategic Goal 8: Strengthening the institutional capacity of the Department (OUTCOME 12: AN EFFICIENT, EFECTIVE AND DEVELOPMENT ORIENTED PUBLIC SERVICE ) KEY PERFORMANCE INDICATOR 2015/16 ANNUAL TARGET ACTUAL PERFORMANCE DEVIATION FROM PLANNED TARGET COMMENTS ON DEVIATION 10.1 Procurement of fleet vehicle in line with Departmental Benchmark 100% ACHIEVED 172 Vehicles procured as approved by the Departmental Transport Advisory Committee. None 10.2 Vehicle maintenance in accordance with the manufactures specifications Of the 1046 vehicles in the Department 259 vehicles were due for service in the reporting period and all 259 vehicles were serviced according to the manufactures specifications which equates to 100%.

INSPECTION AND ENFORCEMENT SERVICES (IES) ANNUAL PERFORMANCE OF THE FINANCIAL YEAR REPORTING PERIOD: 01 APRIL MARCH 2016

PROVINCIAL PERFORMANCE ON IES INDICATORS: ANNUAL TARGETS
BRANCH EC FS GP KZN LP MP NC NW WC TOTAL 1.1 Number of designated employers reviewed per year to determine compliance with employment equity legislation ACHIEVED. 831 employers were reviewed against a target of 750 with a variance of 81. Target: 750 118 24 192 48 30 60 36 206 Actual reviewed: 831 170 38 197 54 9 80 40 205 1.2 Percentage of non-compliant employers of those reviewed in reference to 1.1 issued with a recommendation within 90 days of the review.** PARTIALLY ACHIEVED. Of the 86% of non-compliant employers of those reviewed in reference to 1.1, issued with a recommendation within 90 days of review with a deviation of 14% 100% Number of employers not complying 155 75 7 35 37 187 668 No. issued with recommendations within 90 days 4 82 14 142 574 11% 40% 97% 76% 86%

INSPECTION AND ENFORCEMENT SERVICES: COMMENTS ON DEVIATION
OUTCOME 14: Transforming society and uniting the country: DoL Strategic Objective 10: Promote Equity in the labour market KEY PERFORMANCE INDICATOR 2015/16 ANNUAL TARGET ACTUAL PERFORMANCE DEVIATION FROM PLANNED TARGET COMMENTS ON DEVIATION 1.1 Number of designated employers reviewed per year to determine compliance with Employment Equity legislation 750 ACHIEVED 831 employers were reviewed against the expected 750 81 More requests were received for DG Review from employers and has resulted in the Branch surpassing the target 1.2 Percentage of non-compliant employers of those reviewed in reference to 1.1 issued with a recommendation within 90 days of the review 100% PARTIALLY ACHIEVED 86% of non-compliant employers of those reviewed in reference to 1.1 issued with a recommendation within 90 days of the review 14% Employers were not available to be served with recommendations within the specified timeframe

PROVINCIAL PERFORMANCE ON IES INDICATORS
BRANCH EC FS GP KZN LP MP NC NW WC Total 1.3 Number of designated employers inspected per year to determine compliance with Employment equity legislation ACHIEVED 5 022 employers were inspected against a target of with a variance of 846. Target 4 176 382 168 1946 648 120 96 72 132 612 Actual Inspected 479 247 2335 782 144 152 85 157 641 5 022 1.4 Percentage of non-complying workplaces inspected per year with reference to 1.3. dealt with in terms of the Employment Equity Act. Of the workplaces inspected, were non-compliant. 100% (1040 of the non-compliant workplaces) was dealt with in terms of the Employment Equity Act. 100% 260 67 1 232 116 39 66 34 221 1 036 Number not complying Number dealt with 225 1 040

BRANCH EC FS GP KZN LP MP NC NW WC Total 1.5 Percentage of employment Equity Plans of those companies inspected/ reviewed in 1.1 and 1.3 above assessed annually. Target 80% No. of employers reviewed in 1.1 170 38 197 54 9 80 40 205 831 ACHIEVED. 92% (766) employment equity plans of the 831 employers reviewed in 1.1 above, were assessed against an annual target of 80%. ACHIEVED 91 % (4 597) employment equity plans of the employers inspected in 1.3 above, were assessed against an annual target of 80%. No. of Equity Plans assessed 1312 29 195 37 36 31 766 100 76 99 46 90 82 92% No. of employers inspected in 1.3 479 247 2335 782 144 161 85 157 641 5 031 149 2334 639 114 88 126 614 4 597 60 99,9 79 55 64 96 91%

OUTCOME 14: Transforming society and uniting the country: DoL Strategic Objective 10: Promote Equity in the labour market KEY PERFORMANCE INDICATOR 2015/16 ANNUAL TARGET ACTUAL PERFORMANCE DEVIATION FROM PLANNED TARGET COMMENTS ON DEVIATION 1.3 Number of designated employers inspected per year to determine compliance with Employment Equity legislation 4 176 ACHIEVED 5 022 designated employers were inspected 846 Training Conducted by the branch assisted to fast track the process of procedural inspections and assessing EE plans and this resulted in the branch surpassing the target. There was better understanding by inspectors on how to conduct procedural inspections and assess plans. 1.5 Percentage of employment Equity Plans of those companies inspected/reviewed in 1.1 and 1.3 above assessed annually 80% 92% of Equity Plans were assessed against a target of 80% 12%

BRANCH EC FS GP KZN LP MP NC NW WC Total 2.1 Number of work places inspected per year to determine compliance with labour legislation. ACHIEVED A total of workplaces were inspected. Target 16128 10680 28848 29784 11960 9984 5712 7956 14304 135356 Actual No. inspected 19144 11729 30985 33299 12284 10721 6111 9580 12454 146307

BRANCH EC FS GP KZN LP MP NC NW WC Total 2.2 Percentage of non-complying workplaces inspected per year with reference to 2.1 dealt with in terms of the relevant labour legislation PARTIALLY ACHIEVED Of the workplaces inspected, were non-compliant. 97% ( 26685of the 27244non-compliant workplaces) were dealt with. A total of notices were issued and 217 cases were referred to court Target: 100% 27400 No. of workplaces not complying 3044 876 4798 5907 3646 1358 851 828 6092 % of workplaces not complying 804 5011 1274 845 5324 26683 100 92 94 99 87 97% Actions taken: No. of notices issued 766 5437 6001 5807 1691 890 1019 4360 29015 Referred to court 19 52 28 41 45 20 12 217

OUTCOME 4: Improve the quality and accessibility of labour market services to contribute to decent employment through inclusive economic growth: DoL Strategic Objective 1: Protection of vulnerable workers KEY PERFORMANCE INDICATOR 2015/16 ANNUAL TARGET ACTUAL PERFORMANCE DEVIATION FROM PLANNED TARGET COMMENTS ON DEVIATION 2.1 Number of workplaces inspected per year to determine compliance with labour legislation ACHIEVED A total of 146 307 workplaces were inspected against an annual target of 10 951 Blitz programmes and training conducted assisted the Branch in surpassing the target. 2.2 Percentage of non-complying workplaces inspected per year with reference to 2.1 dealt with in terms of the relevant labour legislation 100% PARTIALLY ACHIEVED 97% of non-complying workplaces were dealt with. A total of notices were issued and 217 cases were referred to court. -3% Non availability of employers to be served with notices resulting in a need to conduct follow-up inspections

BRANCH EC FS GP KZN LP MP NC NW WC Total 2.4 Percentage of inspections on request for work permits conducted within 5 working days** NOT ACHIEVED Of the 994requests received, 626 (63%) inspections were conducted within 5 working days against a target of 90%. Variance is -27% Target 90% No. of requests received 96 13 528 108 84 69 9 3 994 No. inspected within 5 working days 11 189 57 7 83 626 % inspected within 5 working days 100 85 36 89 78 99 63%

OUTCOME 4: Improve the quality and accessibility of labour market services to contribute to decent employment through inclusive economic growth: DoL Strategic Objective 1: Protection of vulnerable workers KEY PERFORMANCE INDICATOR 2015/16 ANNUAL TARGET ACTUAL PERFORMANCE DEVIATION FROM PLANNED TARGET COMMENTS ON DEVIATION 2.4 Percentage of inspections on request for work permits conducted within 5 working days NOT ACHIEVED 63% (626 of 994) requested investigations were conducted within 5 days. -27% Non availability of employers for scheduled appointments within the 5 day period

BRANCH EC FS GP KZN LP MP NC NW WC Total 3.1 Number of workplaces inspected per year to determine their compliance with the OHS legislation. ACHIEVED against a target of workplaces were inspected with a variance of -233. Target 20 476 2 124 1 896 5 604 4 344 428 820 420 356 484 20 476 Actual No. Inspected 319 064 908 977 725 930 449 653 398 22 423 3.2 Percentage of non-complying workplaces inspected with reference to 3.1 dealt with in terms of the OHS legislation. PARTIALLY ACHIEVED Of the inspected, were non-compliant. 99.7% (8 144 of the 8 168) non-compliant workplaces) was dealt with in terms of OHS legislation. No. of workplaces not complying 610 712 2122 1845 936 352 219 888 8168 No. dealt with 2146 171 8144 % dealt with 100 78 99.7% Actions taken No. of notices issued 671 802 2279 2000 1095 445 185 919 1094 9490 No. referred to court 6 34

OUTCOME 4: Improve the quality and accessibility of labour market services to contribute to decent employment through inclusive economic growth: DoL Strategic Objective 5:Strengthen occupational safety protection KEY PERFORMANCE INDICATOR 2015/16 ANNUAL TARGET ACTUAL PERFORMANCE DEVIATION FROM PLANNED TARGET COMMENTS ON DEVIATION 3.1 Number of workplaces inspected per year to determine their compliance with the OHS legislation 20 476 ACHIEVED A total of 22 423 workplaces were inspected 1 947 Blitz inspections conducted and more requests for OHS inspections resulted in the branch over achieving the target 3.2 Percentage of non-complying workplaces inspected per year with reference to 3.1 dealt with in terms of the OHS legislation 100% PARTIALLY ACHIEVED 99.7% was dealt with. A total of 9 490 notices were issued and 34 cases were referred to court. -0.3% Challenges were experienced in the Northern Cape Province and this affected their performance. This will be addressed in the 2016/17 F/Y

BRANCH EC FS GP KZN LP MP NC NW WC Total 3.3 Percentage of reported incidents investigated within 90 days. ACHIEVED Of the 1309 reported incidents, 82% (1080) were investigated within 90 days against a target of 60%. Target 60% No. of reported incidents 136 62 380 179 56 83 48 110 255 1309 No. investigated within 90 days 133 34 390 113 40 33 1080 % investigated within 90 days 98 55 103 63 61 69 44 100 82%

PERFORMANCE ON IES INDICATORS
3.4 Target: 100% Percentage of applications for registration of entities processed within 4 weeks. NOT ACHIEVED. Of the applications received, 72% (3 453) were processed within 4 weeks. HQ Number of applications received Number processed within 4 weeks % processed within 4 weeks TOTAL 4 828 3 453 72%

BRANCH EC FS GP KZN LP MP NC NW WC Total 3.6 Number of employer payroll audits conducted per year to determine employers contribution to the Unemployment Insurance Fund. ACHIEVED A total of employer audits were conducted against a target of Target 11 576 1140 1188 2196 1772 1284 960 780 708 1548 11576 Actual conducted 12 288 1272 1169 2262 2021 1360 989 916 756 1543 12288

OUTCOME 4: Improve the quality and accessibility of labour market services to contribute to decent employment through inclusive economic growth: DoL Strategic Objective 5:Strengthen occupational safety protection KEY PERFORMANCE INDICATOR 2015/16 ANNUAL TARGET ACTUAL PERFORMANCE DEVIATION FROM PLANNED TARGET COMMENTS ON DEVIATION 3.3 Percentage of reported incidents investigated within 90 days 60% ACHIEVED 82% (of the 1 309 reported) incidents were investigated within 90 days. 22% The branch prioritized incidents in order to ensure investigation within 90 days 3.4 Percentage of applications for registration of entities processed within 4 weeks. 100% NOT ACHIEVED Of the applications received, 72% (3 453) were processed within 4 weeks. 28% Outstanding required documentation from employers which led to delays in processing of applications. 3.6 Number of employer payroll audits conducted per year to determine employers contribution to the Unemployment Insurance Fund. 11 576 A total of employer audits were conducted against a target of 712 Addition of vehicles and other resources to some provinces resulted in the branch surpassing the target

OUTCOME 4: Improve the quality and accessibility of labour market services to contribute to decent employment through inclusive economic growth: DoL Strategic Objective 1: Protection of vulnerable workers KEY PERFORMANCE INDICATOR 2015/16 ANNUAL TARGET ACTUAL PERFORMANCE DEVIATION FROM PLANNED TARGET COMMENTS ON DEVIATION 2.3 Number of advocacy and educational sessions conducted per year in identified sectors 4 Seminars Private Security sector Construction sector Forestry sector Hazardous biological agents. 1 Training Program (600 shop stewards trained) NOT ACHIEVED Four Seminars were conducted following sectors :- Construction Hazardous Biological Agents. Forestry Private Security Number of shop stewards trained in following sectors :- Construction =112 Shop Stewards Trained. Hazardous Biological Agents =60 Shop Stewards Trained. Forestry= 52 Shop Stewards Trained. Private Security=56 Shop Stewards Trained Construction shop stewards attended instead of the 150. Hazardous Biological Agents - 60 shop stewards attended instead of 150. Forestry - 52 shop stewards attended instead of 150, Private Security shop stewards attended instead of 150 Shop Stewards were invited and confirmed their attendance for the training however they did not attend.

PUBLIC EMPLOYMENT SERVICES (PES) ANNUAL PERFORMANCE REPORTING PERIOD: 01 APRIL MARCH 2016

PUBLIC EMPLOYMENT SERVICES (PES)
OUTCOME 4: Improve the quality and accessibility of labour market services to contribute to decent employment through inclusive economic growth: DoL Strategic Objective 1: Contribution to decent employment creation KEY PERFORMANCE INDICATOR 2015/16 ANNUAL TARGET ACTUAL PERFORMANCE DEVIATION FROM PLANNED TARGET COMMENTS ON DEVIATION 1.1 Number of final regulations in terms of the Employment Service Act published by the Minister in the Government Gazette 3 regulations relating to (1) Private Employment agencies, Temporary Employment Services section 13 and 52, (2) registration of work seekers section 52 And (3) the procedure for employment of foreign nationals, section 52 published by the Minister in the Government Gazette by March 2016 NOT ACHIEVED (25%) The 3 Regulations couldn’t be published by March 2016 since the establishment of the ES Board was not yet finalised. 3 Final regulations not yet published in the Government Gazette Delays in the establishment of the Employment Services Board.

OUTCOME 4: Improve the quality and accessibility of labour market services to contribute to decent employment through inclusive economic growth: DoL Strategic Objective 1: Contribution to decent employment creation KEY PERFORMANCE INDICATOR 2015/16 ANNUAL TARGET ACTUAL PERFORMANCE DEVIATION FROM PLANNED TARGET COMMENTS ON DEVIATION 1.2 Number of PES provincial and local advocacy campaigns conducted per year 18 provincial advocacy campaigns Conducted by March 2016 ACHIEVED Provincial advocacy campaigns conducted and Provincial 6 Over-achievement was due to Community demand for the service as a result of the high rate of unemployment. Number of Provincial advocacy campaigns conducted Prov. Target Actual Number conducted as at 31 March 2016 Variance EC 2 4 FS GP 3 1 KZN -1 LP MP NC NW 7 5 WC NATIONAL 18 24 6

OUTCOME 4: Improve the quality and accessibility of labour market services to contribute to decent employment through inclusive economic growth: DoL Strategic Objective 1: Contribution to decent employment creation KEY PERFORMANCE INDICATOR 2015/16 ANNUAL TARGET ACTUAL PERFORMANCE DEVIATION FROM PLANNED TARGET COMMENTS ON DEVIATION 1.2 Number of PES provincial and local advocacy campaigns conducted per year 18 provincial and 378 local advocacy campaigns Conducted by March 2016 ACHIEVED 650 Local campaigns conducted. 270 Over-achievement was due to Community demand for the service as a result of the high rate of unemployment. Number of advocacy campaigns conducted Prov. Target Actual Variance EC 48 93 45 FS 33 15 GP 78 76 -4 KZN 119 71 LP 39 84 MP 42 NC 21 85 64 NW 30 66 36 WC 37 -2 NATIONAL 378 650 270

OUTCOME 4: Improve the quality and accessibility of labour market services to contribute to decent employment through inclusive economic growth: DoL Strategic Objective 1: Contribution to decent employment creation KEY PERFORMANCE INDICATOR 2015/16 ANNUAL TARGET ACTUAL PERFORMANCE DEVIATION FROM PLANNED TARGET COMMENTS ON DEVIATION 1.3 Number of work-seekers registered on ESSA per year work seekers registered ACHIEVED A total of work-seekers registered 34 503 The advocacy campaigns conducted increased the number of clients registering as work seekers. Work-seekers registered on the system Prov. Target Actual Number Registered Variance Percentage EC 72 000 77 440 5 440 108% FS 48 000 35 098 73% GP 84% KZN 18 168 117% LP 54 000 50 965 -3 035 94% MP 57 300 3 300 106% NC 24 000 27 059 3 059 113% NW 36 000 39 297 3 297 109% WC 78 000 70 791 -7 209 91% Online registration 44 477 #DIV/0! NATIONAL 34 503

NUMBER OF WORKSEEKES REGISTERED ON ESSA DISAGREGADATED PER NQF LEVELS

OUTCOME 4: Improve the quality and accessibility of labour market services to contribute to decent employment through inclusive economic growth: DoL Strategic Objective 1: Contribution to decent employment creation KEY PERFORMANCE INDICATOR 2015/16 ANNUAL TARGET ACTUAL PERFORMANCE DEVIATION FROM PLANNED TARGET COMMENTS ON DEVIATION 1.4 Number of registered work-seekers provided with employment counseling work-seekers provided with employment counseling PARTIALLY ACHIEVED were provided with employment counseling Under-achievement was due to: Insufficient staff resources ESSA system challenges –Extensive downtime due to Citrix. Work-seekers provided with employment counseling Prov. Target Actual Variance % EC 36 760 27 717 -9 043 75% FS 20 096 18 409 -1 687 92% GP 51 760 39 444 76% KZN 27 904 31 455 3 551 113% LP 25 300 24 062 -1 238 95% MP 23 087 -4 817 83% NC 17 488 9 368 -8 120 54% NW 22 696 21 865 -831 96% WC 20 092 12 543 -7 549 62% OTHER (HQ) 911 #DIV/0! NATIONAL 84%

OUTCOME 4: Improve the quality and accessibility of labour market services to contribute to decent employment through inclusive economic growth: DoL Strategic Objective 1: Contribution to decent employment creation KEY PERFORMANCE INDICATOR 2015/16 ANNUAL TARGET ACTUAL PERFORMANCE DEVIATION FROM PLANNED TARGET COMMENTS ON DEVIATION 1.5. Number of work-seekers placed in registered employment Opportunities 25 000 NOT ACHIEVED work-seekers were placed in registered employment opportunities Insufficient staff resources - employment counselors and ESPs. Insufficient focus in recruitment, selection & matching of registered work-seekers Job-seekers placed Prov. Target Actual placed Variance Percentage EC 3 250 2 369 -881 73% FS 2 250 783 -1467 35% GP 4 750 12 68 -3482 27% KZN 2 832 -418 87% LP 2 750 1 397 -1353 51% MP 780 -1970 28% NC 1 250 -470 62% NW 1 750 174 -1576 10% WC 3 000 520 -2480 17% OTHER (HQ) 24 #DIV/0! NATIONAL 25 000 10 927 44%

OUTCOME 4: Improve the quality and accessibility of labour market services to contribute to decent employment through inclusive economic growth: DoL Strategic Objective 1: Contribution to decent employment creation KEY PERFORMANCE INDICATOR 2015/16 ANNUAL TARGET ACTUAL PERFORMANCE DEVIATION FROM PLANNED TARGET COMMENTS ON DEVIATION 1.6 Number of opportunities registered on ESSA 62 000 ACHIEVED opportunities registered 40 631 More local advocacy campaigns conducted increased the number of opportunities registered by employers Table 4 Job-seekers referred to opportunities Prov. Target Actual registered Variance Percentage EC 8 060 9 620 1 560 119% FS 5 580 8 412 2 832 151% GP 11 780 16 099 4 319 137% KZN 10 332 2 272 128% LP 6 820 14 260 7 440 209% MP 10 395 3 575 152% NC 3 100 6 330 3 230 204% NW 4 340 5 177 837 WC 19 562 12 122 263% OTHER 2 444 #DIV/0! NATIONAL 62 000 40 631 166%

Strategic Goal 8: Strengthening the institutional capacity of the Department (OUTCOME 12: AN EFFICIENT, EFECTIVE AND DEVELOPMENT ORIENTED PUBLIC SERVICE ) KEY PERFORMANCE INDICATOR 2015/16 ANNUAL TARGET ACTUAL PERFORMANCE DEVIATION FROM PLANNED TARGET COMMENTS ON DEVIATION 1.7 Private Employment Agencies and Temporary Employment Services registered within 60 days All complete PEA applications processed within 60 days of receipt PARTIALLY ACHIEVED 281 processed within 60 days and 116 beyond 60 days 116 Delays in the inspection of premises of PEA applicants. Delays in adjudication processes Number of Private Employment Agencies registered. Prov. Received Processed within 60 days Processed after 60 days EC 28 FS 9 11 GP 148 107 53 KZN 40 15 29 LP 18 MP 27 4 23 *NC 3 1 2 NW WC 97 6 NATIONAL 373 281 116

PUBLIC EMPLOYMENT SERVICES
OUTCOME 4: Improve the quality and accessibility of labour market services to contribute to decent employment through inclusive economic growth: DoL Strategic Objective 1: Contribution to decent employment creation KEY PERFORMANCE INDICATOR 2015/16 ANNUAL TARGET ACTUAL PERFORMANCE DEVIATION FROM PLANNED TARGET COMMENTS ON DEVIATION 2.1 Applications for foreign nationals corporate and individual work visa processed within 30 working days All complete applications for foreign nationals corporate and individual work visa processed within 30 working days NOT ACHIEVED 34 were processed within 30 days . 57 were processed after 30 working days 57 Changes introduced in the new Immigration Regulations that became effective from 26 May 2014 and insufficient staff to deal with increased volumes of applications ESSA system challenges Corporate Prov. Applications Received No of Workers Positively recommended Negatively recommended Processed within 30 days Processed beyond 30 days EC FS 4 547 197 350 2 GP 9 743 546 3 6 KZN 1 69 LP 62 6127 4936 1191 25 37 MP 11 587 562 7 NC NW 775 370 405 WC 225 TOTAL 91 9 073 6 905 2 168 34

OUTCOME 4: Improve the quality and accessibility of labour market services to contribute to decent employment through inclusive economic growth: DoL Strategic Objective 1: Contribution to decent employment creation KEY PERFORMANCE INDICATOR 2015/16 ANNUAL TARGET ACTUAL PERFORMANCE DEVIATION FROM PLANNED TARGET COMMENTS ON DEVIATION 2.1 Applications for foreign nationals corporate and individual work visa processed within 30 working days All complete applications for foreign nationals and corporate and individual work visa processed within 30 days. NOT ACHIEVED 314 were processed within 30 days were processed after 30 days 1 252 Extensive downtime due to Citrix resulted in the delay of the verification of available work seekers. Individual Applications Received No of Workers Positively recommended Negatively recommended Processed within 30 days Processed beyond 30 days EC 81 99 9 78 48 51 FS 11 12 2 10 GP 386 856 61 790 77 779 KZN 65 150 7 141 29 121 LP 41 47 5 42 22 25 MP 57 50 3 36 21 *NC 6 8 NW 23 18 WC 279 319 291 103 216 TOTAL 949 1 566 110 1 420 314 1 252

OUTCOME 4: Improve the quality and accessibility of labour market services to contribute to decent employment through inclusive economic growth: DoL Strategic Objective 1: Contribution to decent employment creation KEY PERFORMANCE INDICATOR 2015/16 ANNUAL TARGET ACTUAL PERFORMANCE DEVIATION FROM PLANNED TARGET COMMENTS ON DEVIATION 3.1 Number of MoAs signed between the DG and CEOs of statutory bodies and designated organisations,funding transferred and performance monitored per year. 8 MoAs signed between DG and CEOs of statutory bodies, and designated organizations and funding transferred and Performance monitored by the end of March 2016 ACHIEVED 9 MoAs were signed between the DG and the CEOs of the statutory bodies.(8 with Workshops for the Blinds and National Councils for the Blinds:1 for Productivity SA)Performance agreements were concluded with the CEO of SEF and the CF Commissioner as the DG is an Accounting Officer of the two entities. Performance of the statutory bodies, designated organizations and entities monitored. Funding transferred. None

OUTCOME 4: Improve the quality and accessibility of labour market services to contribute to decent employment through inclusive economic growth: DoL Strategic Objective 1: Contribution to decent employment creation KEY PERFORMANCE INDICATOR 2015/16 ANNUAL TARGET ACTUAL PERFORMANCE DEVIATION FROM PLANNED TARGET COMMENTS ON DEVIATION 3.1 Number of MoAs signed between the DG and CEOs of statutory bodies and designated organisations,funding transferred and performance monitored per year. (Continue from previous slide) 8 MoAs signed between DG and CEOs of statutory bodies,and designated organizations and funding transferred and Performance monitored by the end of March 2016 PROGRESS AGAINST TARGET: MoA’s with the workshops Funding transferred for the year-2015/16 is R10 340 538.32 PROGRESS AGAINST TARGET: MoA’s with Councils/Federations Funding transferred for the year 2015/16 is R 725 070.80 Supported Employment Enterprises (SEE) Funding transferred for the year 2015/16 is R 134 Productivity SA Funding transferred for the year 2015/16 is R 45 531 000 None

LABOUR POLICY AND INDUSTRIAL RELATIONS (LP&IR) ANNUAL PERFORMANCE REPORTING PERIOD: 01 APRIL MARCH 2016

LABOUR POLICY & INDUSTRIAL RELATIONS: (LP & IR)
Strategic Goal 10: PROMOTE EQUITY IN THE LABOUR MARKET (OUTCOME 14: TRANSFORMING SOCIETY AND UNITING THE COUNTRY) KEY PERFORMANCE INDICATOR 2015/16 ANNUAL TARGET ACTUAL PERFORMANCE DEVIATION FROM PLANNED TARGET COMMENTS ON DEVIATION 1.1 Employment Equity Amendment Act implemented within set time Frames Conduct 9 workshops on Code on Equal Pay for Work of Equal value by 30 September 2015 ACHIEVED 9 workshops conducted on Code on Equal Pay for Work of Equal Value by 30 September 2015. None Amended Code on Employment of People with Disabilities published by March 2016. Amended Code of Good Practice on Employment of People with Disabilities published in Government Gazette on 11 November 2015. 57

Strategic Goal 10: PROMOTE EQUITY IN THE LABOUR MARKET (OUTCOME 14: TRANSFORMING SOCIETY AND UNITING THE COUNTRY) KEY PERFORMANCE INDICATOR 2015/16 ANNUAL TARGET ACTUAL PERFORMANCE DEVIATION FROM PLANNED TARGET COMMENTS ON DEVIATION 1.1 Employment Equity Amendment Act implemented within set time Frames Annual Employment Equity Report Public Register published by 30 June 2015 ACHIEVED Annual Employment Equity Report and Public Register published by 30 June 2015. None Annual Employment Equity Report and Public Register developed by 31 March 2016 Annual Employment Equity Report and Public Register developed by 31 March 2016. 30 Companies’ Income Differentials assessed to promote the principle of Equal Pay for Work of Equal Value. 30 companies’ Income Differentials assessed to promote the principle of Equal pay for Work of Equal Value by 31 March 2016. 58

PROTECT VULNERABLE WORKERS (OUTCOME 4: DECENT EMPLOYMENT THROUGH INCLUSIVE ECONOMIC GROWTH) KEY PERFORMANCE INDICATOR 2015/16 ANNUAL TARGET ACTUAL PERFORMANCE DEVIATION FROM PLANNED TARGET COMMENTS ON DEVIATION 2.1 To grant/refuse applications for exemption within a set time frame by March 2016 Application for variation on the BCEA processed within 60 days by March 2016 PARTIALLY ACHIEVED 75 applications for variations were received and processed. 75% were granted within 60 days Legal challenges by parties Process streamlined 59

PROTECT VULNERABLE WORKERS (DECENT EMPLOYMENT THROUGH INCLUSIVE ECONOMIC GROWTH) KEY PERFORMANCE INDICATOR 2015/16 ANNUAL TARGET ACTUAL PERFORMANCE DEVIATION FROM PLANNED TARGET COMMENTS ON DEVIATION 3.1 Number of new and existing sectoral determinations reviewed and investigated by March 2016 Review four Sectoral Determinations by March 2016 ACHIEVED All four (4) sectoral determinations (Private Security; Wholesale and Retail; Forestry; and Farmworker sectoral determinations) were reviewed. None 1 New sector investigated for possible setting of minimum wages and conditions of employment ACHIEVED 1 new Abattoir sector was investigated for possible setting of minimum wages and conditions of employment. Reported was submitted to the ECC. 60

STRENGTHEN MULTILATERAL AND BILATERAL RELATIONS (OUTCOME 11: CREATE A BETTER SOUTH AFRICA, A BETTER AFRICA AND A BETTER WORLD) KEY PERFORMANCE INDICATOR 2015/16 ANNUAL TARGET ACTUAL PERFORMANCE DEVIATION FROM PLANNED TARGET COMMENTS ON DEVIATION 4.1 Number of reports on ILO article 19 and 22 submitted by 30 September 2015 and 31 March 2016 respectively 7 Reports 1 Article 19 and 6 Article 22 ACHIEVED Finalised 1 Article 19 Report Finalised 6 Article 22 reports None 61

PROMOTE SOUND LABOUR RELATIONS (OUTCOME 4: DECENT WORK THROUGH INCLUSIVE ECONOMIC GROWTH) KEY PERFORMANCE INDICATOR 2015/16 ANNUAL TARGET ACTUAL PERFORMANCE DEVIATION FROM PLANNED TARGET COMMENTS ON DEVIATION 5.1 Number of Collective agreements extended within 60 days of receipt 18 PARTIALLY ACHIEVED 32 collective agreements extended to non-parties for reporting period:- 1 collective agreements extended to non-parties within 60-days of receipt. 31 collective agreements extended to non-parties in longer than 60-days of receipt 14 additional collective agreements received from Bargaining Councils for extension and only 1 agreement extended within 60 days of receipt. LRA Amendments to section 32 (5) does not make provision for the extra 21 days when extensions of collective agreements are published for comments. This has been the main reason for delays in processing agreements collective agreements. Further amendments to LRA under consideration. 62 62

PROMOTE SOUND LABOUR RELATIONS (OUTCOME 4: DECENT WORK THROUGH INCLUSIVE ECONOMIC GROWTH) KEY PERFORMANCE INDICATOR 2015/16 ANNUAL TARGET ACTUAL PERFORMANCE DEVIATION FROM PLANNED TARGET COMMENTS ON DEVIATION 5.2 Hundred Percent of competent and completed labour organisation applications processed within 90 days of receipt 100% PARTIALLY ACHIEVED 97% of labour organisation applications processed within 90 days of receipt. 134 – APPLICATIONS CONSIDERED AND FINALIZED FOR REPORTING PERIOD:- 10 approved within 90-days 119 refused within 90-days 3 approved in longer than 90-days 1 refused in longer than 90-days 4 cases were processed in longer than the required 90 day period due to internal process delays. Further delegations from Registrar to Deputy Registrar to be considered to minimize process delays. 63 63

MONITOR THE IMPACT OF LEGISLATION (OUTCOME 4: DECENT EMPLOYMENT THROUGH INCLUSIVE ECONOMIC GROWTH KEY PERFORMANCE INDICATOR 2015/16 ANNUAL TARGET ACTUAL PERFORMANCE DEVIATION FROM PLANNED TARGET COMMENTS ON DEVIATION 6.1 Impact of legislation and labour market trends monitored and evaluated Four Annual Labour Market Trend reports published by September 2015 PARTIALLY ACHIEVED By 30 March 2016, two Annual Labour Market trend reports produced. These reports include: Industrial Action Report 2015 and the Annual Administrative Statistics Report These reports will be published by September 2016. By June 2015, 2 (Two) annual labour market reports were produced. These include: Annual Labour Market Bulletin 2014/15 and Job Opportunity and Unemployment in the South African Labour Market report 2014/15. These were published by September 2015 By September 2015, 4 reports were published None 64

MONITOR THE IMPACT OF LEGISLATION (OUTCOME 4: DECENT EMPLOYMENT THROUGH INCLUSIVE ECONOMIC GROWTH KEY PERFORMANCE INDICATOR 2015/16 ANNUAL TARGET ACTUAL PERFORMANCE DEVIATION FROM PLANNED TARGET COMMENTS ON DEVIATION 6.1 A number of Labour market trends reports published and research reports produced 4 Literature review reports and data collection instruments for RME agenda 4 completed by March 2016 ACHIEVED The following were developed: National Minimum wage: Data collection instruments developed, discussed and approved. Final research report was signed-off by the committee. Analysis of bursary recipient s’ performance: Data collection instruments developed, discussed and approved. Data collected, analyzed and draft report developed. Active Labour Market Policy: Data collection instruments developed, discussed and approved. Resource Adequacy: Data collection instruments developed, discussed and approved. Interview commenced with internal stakeholders. None 65

OBSERVATION The Average Performance for the Department is 50% at financial year end. 78% of APP 2015/16 Indicators and targets are well above 75% and only 22% of APP indicators are below 75%. ADMINISTRATION: Performance has dropped for quarter 4 thus affecting annual performance and stringent monitoring of 2016/17 remedial plans has been adopted for all Branches of the DoL. IES: Has significantly improved performance through out the 2015/16 financial year. PES: There is a large number of Indicators that have been consistently performing below par in the Financial Year. Provinces are managing change from manual to automated systems and this has resulted in tighter controls and stringent quality assurance measures. Due to this new approach, a number of reports that cannot be validated by the system have been disqualified resulting in reduced performance. Once provinces have adjusted to the new system PES performance will improve in 2016/17. LP&IR: Has significantly improved performance from quarter 3 to quarter 4.

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The Department of Labour Annual Performance Report (APR):

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