1. DEPARTMENT OF LABOUR
Presentation to the Portfolio Committee on 2013/14 Annual Report Achievements and Challenges
OCTOBER 2014 1 1

2. Table of contents 1. Overview of DOL Programmes
DOL Programmes 2013 / 2014 Annual Performance achievements, challenges and proposed interventions
2.1 Programme 2: Inspection and Enforcement
2.2 Programme 3: Public Employment Services
2.3 Programme 4: Labour Policy and Industrial Relations
NB: Programme 1: Administration is excluded as it is operational
3. DOL Finances 2 2

3. Programme 2 :Inspections and Enforcement (IES)
The purpose of IES is to examine how national labour standards are applied in the workplace through inspection and enforcement of labour legislation and to educate and advise social partners on labour market policies
To realise decent work by regulating non-employment and employment conditions through inspections and enforcement in order to achieve compliance with all labour legislation 3

4. Programme 3:Public Employment Services (PES)
Provides assistance to companies and workers to adjust to changing labour market conditions and to regulate private employment private employment agencies. 4

5. Programme 4:Labour Policy and Industrial Relations
Facilitate the establishment of an equitable and sound labour relations environment and the promotion of South Africa’s interests in international labour matters through researching, analysing and evaluating labour policy and providing statistical data on the labour market, including providing support to the institutions that promote social dialogue. 5

6. Programme 2 Inspection and Enforcement Services
2013 / 2014 Annual Performance: major achievements, challenges and proposed interventions.

7. PROMOTE EQUITY
Main Achievements
Challenges
Proposed Interventions from the Department/ Deputy Minister and or Minister.
435 (158 public and 277 private) employers were reviewed against the expected 340
Additional Companies were added to the original target necessitated by increased request for DG Review
Shift focus to substantive compliance in order to increase our footprint and also to meet the demands of an amended EEA
Prov.
Target (Public)
Actual (Public)
Var.
Target (Private)
Actual (Private) EC 9 15 6 26 40 14 FS 7 16 17 35 18 GP 30 41 11 48 53 5
KZN 27 -3 44 45 8 LP 10 21 23 2 MP 4 NC 12 3 NW 13 WC -1 28 34
TOTAL
120
158 38
220
277 57

8. PROTECT VULNERABLE WORKERS
Main Achievements
Challenges
Proposed Interventions from the Department/ Deputy Minister and or Minister.
against a target of workplaces were inspected, and 97 526 (75%) complied; and (25%) did not comply
High demand and increased request for inspections resulted in the Branch conducting more inspections against the set target
Improve the enforcement in respect of non-compliance
Prov.
Target
Actual inspected
Actual complied
% complied
No. not complying EC
11433
14832
10208
69%
4624 FS
8460
10010
9203
92%
807 GP
17370
32823
28489
87%
4334
KZN
16470
23060
16198
70%
6862 LP
10890
10842
6404
59%
4438 MP
7741
10155
8314
82%
1841 NC
3961
5480
4833
88%
647 NW
5400
9371
6910
74%
2461 WC
8275
12686
6967
55%
5719
TOTAL
90000
129259
97526
75%
31733

9. PROBLEMATIC SECTORS
Main Achievements
Challenges
Proposed Interventions from the Department/ Deputy Minister and or Minister.
A total of notices against a target of were issued ( 82%) and 295 cases were referred to court
Delay of serving enforcement notices resulted in achieving 82% instead of 100% (Non availability of employers to accept the notice)
Improve the enforcement in respect of non-compliance
Compliance Level
No. not complying
Notices issued
No. of cases referred to court
No. of written undertakings
No. of Compliance orders
TOTAL
75%
31733
24854
905
295

10. PROTECT VULNERABLE WORKERS
Main Achievements
Challenges
Proposed Interventions from the Department/ Deputy Minister and or Minister.
66% ( of ) against a target of 75% complaints were resolved within 14 days of receipt at Registration Services
Lack of relevant capacity by CSOs on labour legislation.
Training of CSOs conducted.
Prov.
Target
No. received
No. resolved
% resolved EC
75%
5057
2308
46% FS
5818
4854
83% GP
42034
26035
62%
KZN
12878
10002
78% LP
9326
5789 MP
11808
9104
77% NC
2707
1040
38% NW
4882
3547
73% WC
5506
3264
59%
TOTAL
100016
65943
66%

11. STRENGTHEN SOCIAL PROTECTION
Main Achievements
Challenges
Proposed Interventions from the Department/ Deputy Minister and or Minister.
(59% of the targeted ) workplaces were audited (74%) complied while (36%) did not comply
The target set was too high versus the resource capacity available to do OHS inspections and audits
Additional capacity established in provincial offices
Targets revised in line with available capacity
Prov.
Target
Actual audited
Actual complied
% complied
No. not complying EC
2459
3109
2349
76%
760 FS
1790
1357
1102
81%
255 GP
17903
10466
8991
86%
1475
KZN
14113
9941
6015
61%
3926 LP
5496
2356
1866
79%
490 MP
3125
2454
2007
82%
447 NC
2392
618
494
80%
124 NW
4062
2590
2052
538 WC
8360
2283
1305
57%
978
TOTAL
59700
35174
26181
74%
8993

12. INSPECTION OUTCOMES
The measure of an inspectors effective is the ability to use the legal instruments provided for in law
A total of notices against a target of were issued ( 82%) and 295 cases were referred to court
Very low number of compliance orders issued due to high rate at which undertakings have been honoured by the employers
97% of cases referred to labour court were ruled in favour of the Department
3% ruled against us due to defective compliance orders or not observing separation of duties as per the delegations

13. Programme 3: Public Employment Services
2013 / 2014 Annual Performance: major achievements, challenges and proposed interventions.

14. CONTRIBUTE TO EMPLOYMENT CREATION
Main Achievements
Challenges
Proposed Interventions from the Department/ Deputy Minister and or Minister.
84% work on the ES Bill was completed. Labour Portfolio Committee, concluded deliberations on the ES Bill. The National Assembly subsequently referred the Bill to the National Council of Provinces (NCOP) for endorsement.
The Bill was sent to the President for signature in March 2014.
Draft Regulations and Guidelines developed.
Draft regulations were developed but could not be published before the ES Act was promulgated and ES Board established
The ES Bill had to be processed through for approval by the President
A total of 58 major campaigns and 801 local advocacy campaigns
None

15. CONTRIBUTE TO EMPLOYMENT CREATION
Main Achievements
Challenges
Proposed Interventions from the Department/ Deputy Minister and or Minister.
A total of (124%) work seekers were registered on ESSA (122 %) work-seekers were registered on ESSA provincially against a target of (2%) workseekers were registered on-line.
None
Prov.
Target
Number registered
Variance
% Registered EC
55000
65670
10670
119 FS
40000
43478
3478
109 GP
120000
139953
19953
117
KZN
95000
109914
14914
116 LP
62959
22959
157 MP
47680
7680 NC
15000
20304
5304
135 NW
30000
26791
-3209 89 WC
65000
90480
25480
139
On-Line
10863
NATIONAL
500000
618092
107229
124

16. CONTRIBUTE TO EMPLOYMENT CREATION
Main Achievements
Challenges
Proposed Interventions from the Department/ Deputy Minister and or Minister.
41% ( of ) of work-seekers against a target of 50% were provided with employment counselling
PES is under staffed at service delivery points
-96 Employment Counsellors at 126 Labour Centres and 214 Employment Practitioners
Insufficient financial resources for capacity building
Request additional funding in order to appoint more Career counselors and Employment Services Practitioners
Prov.
Number registered
Target
Number counselled
% counselled
Variance EC
65670
50%
30568 47
-3% FS
43478
27724 64
14% GP
139953
39959 29
-21%
KZN
109914
41244 38
-12% LP
62959
27096 43
-7% MP
47680
27134 57 7% NC
20304
13499 66
16% NW
26791
15787 59 9% WC
90480
27149 30
-20%
TOTAL
607229
250160
41%
-9%

17. CONTRIBUTE TO EMPLOYMENT CREATION
Main Achievements
Challenges
Proposed Interventions from the Department/ Deputy Minister and or Minister.
A total of (82%)work-seekers was placed in registered employment opportunities in Provinces against a target of
Skills mismatch between registered work-seekers and registered opportunities (Supply and demand)
Collaborate with other stakeholders including skills development institutions, in order to enhance employability of unskilled work-seekers
Prov.
Target
Actual placed
Variance
% Placed EC
2280
1654
-626 73 FS
1520
3421
1901
225 GP
4560
2609
-1951 57
KZN
2054
-226 90 LP
1900
1669
-231 88 MP
1711
2269
559
133 NC
1330
529
-801 40 NW
806
-524 61 WC
2089
-1530 27
TOTAL
19000
15570
-3430
82%

18. CONTRIBUTE TO EMPLOYMENT CREATION
Main Achievements
Challenges
Proposed Interventions from the Department/ Deputy Minister and or Minister.
A total of (130%) work-seekers was referred to registered employment opportunities in Provinces against a target of
None
Prov.
Target
Actual referred
Variance
% Referred EC
9120
13040
3920
143 FS
6080
12455
6375
205 GP
18240
22782
4542
125
KZN
10215
1095
112 LP
7600
8787
1187
116 MP
6840
9307
2467
136 NC
5320
4422
-898 83 NW
7160
1840
135 WC
8360
10661
2301
128
TOTAL
76000
98829
22829
130

19. CONTRIBUTE TO EMPLOYMENT CREATION
Main Achievements
Challenges
Proposed Interventions from the Department/ Deputy Minister and or Minister.
A total of work-seekers was referred to other services against a target of
None
Prov.
Target
Actual referred
Variance
% Referred EC
15693
53 348
37 655
340 FS
10147
37 077
26 930
365 GP
21121
98 535
77 414
467
KZN
25369
545 LP
8142
41 805
33 663
513 MP
56 669
46 522
558 NC
8732
5 200
598
113 NW
4602
7 168
-1 564 82 WC
16047
10 169
-5877 63
TOTAL
373

20. CONTRIBUTE TO EMPLOYMENT CREATION
Main Achievements
Challenges
Proposed Interventions from the Department/ Deputy Minister and or Minister.
A total of employers registering vacancies on ESSA against a target of 1 000
None
Prov.
Target
Actual registered
Variance
% Registered EC 95
293
198
308 FS 87
174
200 GP
193
389
196
202
KZN
165
230 65
139 LP 80
262
182
328 MP
105
391
286
372 NC 48
130 82
271 NW 93
244
151 WC
134
314
180
234
TOTAL
1000
2427
1427
243%

21. CONTRIBUTE TO EMPLOYMENT CREATION
Main Achievements
Challenges
Proposed Interventions from the Department/ Deputy Minister and or Minister.
A total of 309 Private Employment Agencies were registered against a target of 500.
Non compliance by Private Employment Agencies(PEAs) and Temporary Employment Services (TES) due to absence of regulatory framework
Finalization of the ES Regulations
Prov.
Target
Actual registered
Variance
% Registered EC 55 15
-40 27 FS 35 5
-30 14 GP
105
135 30
129
KZN 80 13
-67 16 LP 45
-31 31 MP 18
-27 40 NC 20
-15 25 NW
-25 17 WC 85 99
116
TOTAL
500
309
-191 62

22. CONTRIBUTE TO EMPLOYMENT CREATION
Main Achievements
Challenges
Proposed Interventions from the Department/ Deputy Minister and or Minister.
A total of 193 migrant work permits applications were received, 86% were processed within 30 days and 14% finalised in 60 days.
Incomplete applications received
No incomplete applications will be included in the reporting.
7 MOAs concluded by June performance reports submitted and financial transfers to the amount of R were paid.
None
MOA concluded. Performance report submitted and financial transfers were effected to the amount of R R
MOA concluded, all quarterly reports received. Financial transfers effected to value of R
100% claims received were settled within 30 days and amount paid out was R

23. Programme 4 Labour Policy and Industrial Relations
2013 / 2014 Annual Performance: major achievements, challenges and proposed interventions.

24. EMPLOYMENT EQUITY
Main Achievements
Challenges
Proposed Interventions from the Department/ Deputy Minister and or Minister.
Employment Equity Amendment Act, 2013 assented into law on 14 January 2014
Delays in the signing-off of the EE Amendment Act into law.
Finalise NEDLAC deliberations on EE regulations to ensure promulgation of the EE Amendment Act in Q2 of 2014/2015.
Amended Employment Equity Regulations published for public comment on 28 February 2014 and tabled at NEDLAC for social partner deliberations
Delays in sourcing of Public comments and commencement of NEDLAC as a result of the delays in the signing-off of the EE Amendment Act into law.
Active participation by the Department in NEDLAC deliberations to finalise NEDLAC Report and publish regulations in Q2 of 2014/2015.
Annual Employment Equity Report developed by March 2014.
EE System challenges in relation to the Statistical reports required for data analysis for the Annual report.
Department to source IT expertise, especially for System developers.
30 Income Differentials assessed to determine race and gender disparities in salaries -

25. EMPLOYMENT STANDARDS
Main Achievements
Challenges
Proposed Interventions from the Department/ Deputy Minister and or Minister.
Hospitality sectoral determination reviewed and published
None
Taxi sectoral determination reviewed and published
New Sectoral determination investigated (Funeral Undertaking sector) completed and report compiled.
Promulgation delayed due to ECC requesting further information on the sector.
Department will engage parties in the sector to provide more information
One Child Labour Programme of Action implemented in line
with the 5-year plan on 1 August 2013

26. INTERNATIONAL RELATIONS
Main Achievements
Challenges
Proposed Interventions from the Department/ Deputy Minister and or Minister.
Review signed MoUs with Lesotho, China and Namibia finalised
Lack of Commitment from Algerian counterparts to confirm dates of signing
Raise the issue with Algeria through Diplomatic Channels
South Africa's position on issues for discussions in the SADC and AULSAC developed and report produced
None
Briefing Notes on issues for Discussions at the G20 meeting developed and report produced
Develop briefing documents for ARLAC Governing Council
Five reports on ratified conventions (Article 22) submitted to the ILO.
Successful participation of the South African tripartite delegation to the 102nd Session of the International Labour Conference. Briefing documents and statements developed.
“No show” by Social partners in Geneva which has cost implications for the Department.
Minister endorsed that Department should claim back money from social partners in terms of accommodation and subsistence allowances . A letter was sent to NEDLAC in this regard.
24 February 2019

27. COLLECTIVE BARGAINING
Main Achievements
Challenges
Proposed Interventions from the Department/ Deputy Minister and or Minister.
LRA Amendments passed by National Assembly
Timely implementation of LRA amendments
Promulgation of LRA amendments targeted for 1 January 2015
Ministerial support for awareness raising around amendments once promulgated.
17 Collective agreements extended within 60 days
1.124 million employees covered by extended agreements in the private sector
Legal challenges to extension of collective agreements (eg. Free Market Foundation challenge
Support for centralised collective bargaining as envisaged in LRA.
146 applications for registration by labour organisations processed.
Ensuring all applications are processed within 90 days.
Monitoring of processing of labour organisation applications.

28. LABOUR MARKET INFORMATION SYSTEMS
Main Achievements
Challenges
Proposed Interventions from the Department/ Deputy Minister and or Minister.
Four annual labour market trend reports produced and published. These include:
Industrial Action,
Annual Labour Market Bulletin, Annual administrative Statistics and Job Opportunity and
Unemployment in the SA Labour Market
None
Fieldwork on the Client Satisfaction survey 2014 conducted and finalised by end of September 2013
Two briefing reports submitted to the Minister on Labour Force Survey and Unemployment insurance data analysis (January- March and April-June 2014)

29. RESEARCH POLICY AND PLANNING
Main Achievements
Challenges
Proposed Interventions from the Department/ Deputy Minister and or Minister.
Three research studies,
Effectiveness of Bargaining Council’s Exemption process
Reduction of working hours to a 40 hour week and
Assessing public knowledge levels about the services of DoL were approved to be conducted, literature review completed on all and data collection started.
Data collection on these research studies, especially on those involving Bargaining Councils did not move as planned and delayed research progress.
DoL stakeholders identified as research respondents should be encouraged by senior management to respond to questionnaires and incentives can be issues for those who honour the research.

30. ICT Achievements, Challenges and Proposed interventions: 2013/14
ICT Main Achievements
Successfully transferred ICT resources from EOH to DOL through S197
IT service gaps identified and mitigated through SITA contracts
Setup ICT governance structures
Appointed SAP service provider (3 year contract), resuming 1 Oct 2014
Implementation of Interim storage solution
Challenges
Finalisation of ICT structure
Non resolution of long outstanding ICT grievances
Filling of vacant positions (System developers, engineers, etc)
No Business Continuity Plan (BCP) a foundation of Disaster Recovery Plan(DRP)
EOH Outstanding deliverables
Proposed Interventions
Filling of ICT vacant positions

31. Thank You…