Employment Services Bill waits in the wings

Job data required…..

For the first time in SA, every employer might have to advise the minister of all positions that become vacant in their structures and give details to the state of new jobs being created. The proposed Employment Services Bill is one of four new labour bills in process through Parliament.

It consequently follows that the principle with the new proposals being considered that the minister of labour in the proposals now before Parliament that government departments may pass on to the private sector job applicants that they have on record to fill jobs.  Also, companies that fail to notify the minister or department of labour when positions are filled may face a minimum fine of R10,000.

EEA Bill  bound to succeed in some form

These are some one of the more radical aspects of the proposed Employment Services Amendment Bill (EEA) Bill, which at this stage has proposed various changes within government setting up its own public service employment agencies as an inter-departmental internal process. Quite naturally, it is expected that this process will proceed, as DOL is not likely to object, nor any other state entities.

Parliament awaits to debate the Bill.

One of the primary aims of the EEA Bill is the proposal to keep a record of job seekers and record of vacancies in both private and public sectors and thus contributing to the national aim of reducing South Africa’s unemployment figures. The Bill acknowledges the seriousness of South Africa’s unemployment figures.

Free placings

The Bill also focuses on the section of government policy, touched upon in the three other amendments to labour legislation that are in parliamentary process,following the desired avenue of the eradication of the labour broking industry and, in the process, to allow the state to become more involved in the recruitment business on a free of charge basis.

This is also indicated in the department of labour (DOL) statements in Parliament recently when DOL officials stated that government’s view is that it has to influence the path of creating more jobs in order to meet targets set by the New Growth Plan if the department is to reach the targets set and subsequently evaluated by the monitoring and performance process within the presidency structure.

Foreign workers isolated

The EEA Bill flies in the face of constitutional queries, say commentators in the labour market, and the proposals seek to elevate opportunities for citizens over those of foreign workers by requiring employers to make use of the public employment service to be managed by DOL before employing foreign nationals.

The proposed Bill states that reasons will have to be submitted as to why citizens with suitable profiles referred to them by the department could not be employed with further questions as to their nationality.

Labour broking targeted

The EEA Bill also seeks to regulate, and to provide a licensing system, for what are referred to as “private employment agencies” and commentators say that definitions are poor when it comes to what is a labour broker,  a recruitment agent, and even employers working through contacts. They complain that it will be the state registration process that will soon decide who is and who is not acceptable.

The Bill introduces criminalisation for failure to meet many of the proposals outlined in the Bill.

Finally, the EEA Bill introduces a proposed Employment Services Board with functions to oversee the public employment services and oversee various regulatory matters connection with the process of hiring labour. A proposal is also made to regulate the existing agency, Productivity South Africa, insofar as its mandate is concerned to provide skills and put them in line with DOL strategies.

Refer previous articles in this category
http://parlyreportsa.co.za//cabinetpresidential/parliament-delays-process-on-labour-relations-bill/
http://parlyreportsa.co.za//labour/new-noise-level-labour-bill-on-way/
http://parlyreportsa.co.za//education/employment-services-bill-will-promote-jobs-and-free-employment-services/

Leave a Reply

This website is Archival

If you want your publications as they come from Parliament please contact ParlyReportSA directly. All information on this site is posted two weeks after client alert reports sent out.

Upcoming Articles

  1. Carbon Tax debate heats up in Parliament
  2. Copyright Bill goes into final stages
  3. Hate Crimes Bill on way back to Parliament
  4. DTI briefs Parliament on the road ahead
  5. RE-IPP4 alive again with LNG interest
  6. Fresh start to Minimum Wage Bill
  7. Competition Commission rough on investors

Earlier Editorials

Earlier Stories

  • AARTO licence demerit system studied  …. In what has been a legislative marathon, the update of the Administrative Adjudication of Road Traffic Offences Act (AARTO) has now reached a stage […]

  • SARS role at border posts being clarified …. In adopting the Border Management Authority (BMA) Bill, Parliament’s Portfolio Committee on Home Affairs agreed with a wording that at all future one-stop border […]

  • Modernising SAPO a culture change ….. sent to clients 27 February…. Stage by stage, Mark Barnes, Group Chief Executive Officer of South African Post Office (SAPO), appears to be reforming cultures and […]

  • OECD money task force waiting for SA   ….sent to clients Feb 7…. Chairperson of the Standing Committee on Finance, Yunus Carrim, made it quite clear in terms of parliamentary rules that […]

  • President Zuma vs Parliament on FICA Bill …..editorial……The convoluted thinking that is taking place in South Africa to avoid the consequences of the law has once again become evident in […]