Tag Archive | jobs

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.

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New “noise level” labour Bill on way

Occupational Act to be amended…

Vuvuzelas A new labour bill on noise level induced hearing loss involving amendments to the Occupational Health and Safety (OHS) Act would be introduced to Parliament said Madodana Tuntulwana, from the department of labour (DoL) director general’s office, when addressing parliamentarians on the department of labour’s annual budget report to Parliament.


The new Bill had been drafted which was with the State Law Advisers before being presented to cabinet and then, as is normal, going to Nedlac.   The Bill is as a result of research in the workplace carried out after visits to factory and workplaces in South Africa.

Annual report back

In presenting its annual performance figures, now tracked in terms of performance and evaluation,  DoL also presented its performance figures and budget, receiving credits from a number of parliamentarians across the political spectrum on their achievements for the year under review.

DoL showed that it had managed to inspect 32 838 workplaces compared to a target of 33 917 for the last quarter of 2012 alone, finding that 59% of workplaces complied fully with all aspect of labour regulations. Due action had been taken. On national figures, just given as an activity guide, it was also stated as being DoL’s intention to visit some 87,000 work stations nationally before the year was complete.

Complaints response

Labour complaints received from employees around the country to DoL offices numbered in total some 55,500 of which 65% were settled in 14 days, against a target set of 70%. The response system in most provinces was therefore working, it was noted.

Tuntulwana was very specific on inspections in the workplace were “social protection”, injury or hazardous materials were involved.  Noting that for this a separate exercise had taken place in the Western Cape, for which there was no political reason, so far 63 of the specific inspections out of a target of 200 had been achieved and matters dealt with or were in due process.

Tuntulwana added that other legislation, regulations and guidelines on employment services had been drawn up to address discrepancies in the labour market, provide a quality service and make DoL employment services more accessible during the next year.

Half a million workers applying

DoL stated it had succeeded in registering was 427,349 work-seekers, tabling a breakdown of the targets and achievements per province as at the end of 2012 together with a breakdown of work-seekers receiving counselling. He claimed that  94%, or 196 438 of the 207 950 people, who had approached the department nationally, had been dealt with.

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