LEGACY REPORT OF

THE 4th PARLIAMENT

09 July 2014

PRESENTATION TO THE PC: LABOUR

5th PARLIAMENT

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OUTLINE OF THE PRESENTATION

• INTRODUCTION• ENTITIES REPORTING TO THE DEPARTMENT OF LABOUR• FUNCTIONS OF THE COMMITTEE• PURPOSE OF THE REPORT• KEY STATISTICS• PUBLIC HEARINGS• LEGISLATION• OVERSIGHT TRIPS UNDERTAKEN• STUDY TOURS UNDERTAKEN• INTERNATIONAL AGREEMENTS• SUMMARY OF OUTSTANDING ISSUES

• RECOMMENDATIONS

INTRODUCTION

• Fourth Parliament: 28 April 2009 – 27 April 2014

• Elections held on 7 May 2014

• First sitting of the National Assembly occurred on 21 May– Members of Parliament sworn in– Election of the Speaker and Deputy Speaker of the NA– Election of the President

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ENTITIES REPORTING TO THE DOL

• Compensation Fund (CF)

• Unemployment Insurance Fund (UIF)

• Commission for Conciliation, mediation and arbitration (CCMA)

• Productivity South Africa (PSA)

• National Economic Development and Labour Council (NEDLAC)

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FUNCTIONS OF THE COMMITTEE

• To monitor financial and non-financial performance of the DoL and its entities

• To process and pass legislation

• To facilitate public participation

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PURPOSE OF THE REPORT

• To provide an account of the Portfolio Committee on Labour’s work during the 4th Parliament and to inform the incoming members of the key outstanding issues pertaining to the oversight and legislative programme of the DoL and its entities.

• It provides an overview of the activities the Committee undertook during the 4th Parliament, the outcome of key activities, as well as any challenges that emerged during the period under review and issues that should be considered for follow up during the 5th Parliament.

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KEY STATISTICS

• Meetings held: 158• Legislation processed: 4• Oversight trips undertaken: 7• Study tours undertaken: 1• International Agreements processed: 4• Statutory Appointments made: 0• Interventions considered: 0• Petitions considered: 0

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STAKEHOLDERS

• Organised Business

• Organised Labour

• Government

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BRIEFINGS AND/ OR PUBLIC HEARINGS

• The Committee held public hearings on labour broking to ascertain the views of the public on this subject. The hearings were held as follows:– In Parliament on 25 – 26 August 2009– In Free State, North West, Gauteng and KwaZulu-Natal on 5

– 8 October 2009– In the Eastern Cape on 28 – 29 November 2009

• The following recommendations were, inter alia, made:– The DoL should amend or redraft sec 198 of the LRA to

clarify the employment relationship– The DoL should introduce legislation to address the abusive

practices in atypical forms of employment by holding all parties liable for the conditions of workers

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Meetings

• 2009/10 – 30

• 2010/11 – 29

• 2011/12 – 26

• 2012/13 – 38

• 2013/14 – 35

Total: 158

Average: 31.6 Apr 20, 2023 11

Legislation

• Labour Relations Amendment Bill

• Basic Conditions of Employment Amendment Bill

• Employment Equity Amendment Bill

• Employment Services Bill

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Oversight

• North-West, Mpumalanga, Limpopo and Gauteng: 17-21 May 2010

• Fishing industry and Sheltered Employment Services in the Western Cape: 18-21 October 2010

• Western Cape farms: 24-27 January 2012• KwaZulu-Natal: 28 January-01 February 2013• Western Cape Province: 23 July 2013• Eastern Cape: 28-31 January 2014• Northern Cape: 04-07 February 2014

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Study Tour

• Berlin and Nuremburg in Germany

• Objective

– To assess and learn more about Germany’s Active Labour Market Programmes (ALMPs), especially the Public Employment Services

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International Agreements

• Domestic Workers Convention, 2011 (No 189) and recommendation, 2011 (No 201)

• Labour Inspection Convention, 1974 (No81)

• Maritime Labour Convention, 2006

• Work in the Fishing Sector Convention, 2007 (No 188)

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THANK YOU

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