AMERICAN CHAMBER OF COMMERCE IN SOUTH AFRICA PRESENTATION TO MEMBERS - - PowerPoint PPT Presentation
AMERICAN CHAMBER OF COMMERCE IN SOUTH AFRICA PRESENTATION TO MEMBERS OF THE AMCHAMBER LABOUR FORUM JULY 2014 1 CCMA Revolutionizing Workplace Relations NAVIGATING THE PRESENTATION 2 CCMA Vision, Mission, Values and Functional Purpose
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Members of the Farm Workers’ Committees from the Grahams town and Alexandria area who attended a Best Practice Workshop initiated by the Eastern Cape – Port Elizabeth DM&P Team
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premier dispute prevention, management and dispute resolution
the CCMA is to promote social justice and economic development in the world of work and to be the best dispute management and dispute resolution
trusted by our social partners
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5 Conciliate Workplace Disputes; Arbitrate disputes that remain unresolved after conciliation; Facilitate the establishment
statutory councils; Compile and publish information and statistics about its activities; Consider applications for accreditation and subsidy from Bargaining Councils and private agencies; Establish picketing rules Provide training and advice on the establishment of collective bargaining structures, workplace restructuring, consultation processes, termination of employment, employment equity programmes and dispute prevention.
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Supervise ballots for unions and employer organisations; Provide training and information relating to the primary objective of the LRA; Advise a party to a dispute about the procedures to follow; Offer to resolve a dispute that has not been referred to the CCMA; Publish guidelines on any aspect of the LRA and to make rules
LABOUR COURT
If unresolved If unresolved
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If unresolved
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STRIKE STRIKE STRIKE
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Any party to a dispute about a matter of mutual interest may refer such to
The CCMA has 30 days to resolve the dispute or parties may agree to an
If the dispute remains unresolved, either party may give 48 hours’ notice of
In terms of S150, the CCMA may offer to resolve a dispute through
Assistance may be requested by either party or by an offer extended to all
S150 offers of assistance may only proceed with both parties consent
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Parties may approach the CCMA to attempt to agree picketing rules (S69
If no agreement reached the CCMA must establish or set picketing rules. The Code of Good Practice for Picketing established by NEDLAC, must be
A picket may be held-
In any place to which the public has access but outside the premises of an employer; or With the permission of the employer, inside the employer’s premises. The permission
may not be unreasonably withheld.
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12 Country Average % workdays lost per year Relative average workdays lost to SA Brazil 46.40 12.30 Russia 2.51 0.67 India 8.02 2.13 South Africa 3.77 1.00 Nigeria 10.94 2.90 United States 9.51 2.52 Turkey 19.77 5.24
The proportion of workers involved in strikes (over total employment) peaked in 2007 in Mining, at approx 38%.
Total percentage of formal sector workers involved in strikes was only 1.1% in 2003, 6.7% in 2007 and 2.2% in 2011.
In 2007, percentage of working days lost was greatest for Community sector, but only at 1.55%. The Mining sector averaged at about 0.42%.
The total percentage number of days lost to strike action,
South Africa ranks 7th lowest out of 8 similar economies internationally, in average percentage workdays lost per year.
Average percentage workdays lost per year in these countries from 1999-2008 is 12.26%, but South Africa is
South Africa’s average strikers’ intensity from 1999-2008 was 28/1000 workers, lower than Austria, Spain, Israel and many others.
Bhorat: Measuring The Financial Impact Of The CCMA’s Job-Saving Initiatives On The South African Economy 30 May, 2014
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Governing Body Chair Daniel Dube Director Nerine Kahn
Parliament Executive Authority Minister of Labour Organized Labour Organized Business Director Essential Services Committee
Governance, Social and Ethics Committee
Governing Body
Audit Committee Accreditation & Subsidy Committee Human Resource and Remuneration Committee Finance and Risk Committee
Commissioners & Staff
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Government
CCMA Revolutionizing Workplace Relations Delegates to the CCMA/ILO Decent Work – Contract Cleaning Sector Summit held in Johannesburg
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National Stakeholder Leadership Opened two new offices : Vaal and Welkom
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Collective Bargaining NUM and Northam Platinum Mine NUM and Exarro Coal Platinum Sector – AMCU and Lonmin, Amplats, Implats Verification Exercise Bokoni Platinum Mine Facilitated Task Teams Glass Sector National Bargaining Council for the Road Freight and Logistics Industry Hospitality
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SECTOR WAGE INCREASE WAGE INCREASE SIGNIFICANT CONDITIONS OF EMPLOYMENT AVERAGE MIN MAX Mining Coal 9% CPI + 1 9 3 year agreement – Year 1- 9% ; Year 2 and Year 3 – CPI + 1 Motor Industry – Fuel Retailers / NUMSA 9.87% 9% 11.6% Year 1 – 11.6% ; Year 2 & 3 – 9% Motor – Automotive 9% 10% 8.5% 3 year agreement : Year 1 – 10% ; Year 2 & 3 – 8.5% - Once off additional incentive according to pay scale Mining - Gold 8% 8% 8% Clothing Industry 8.55% 7% 10.1% Urban workers – 7% ; Metro workers – 10.1% Civil Engineering - BCAWU 9% 8% 10% 2 year agreement – Grades 1 – 4 at 10% ; Grades 5 – 9 at 8% ; Night shift allowance – 7.5% Civil Engineering - NUM 12% % 12% 12% 2 year agreement Private Health 6.9% 6.9% 6.9% Medical scheme – R1544 Private Health 7.25% 7.25% 7.25% Transport (Road Passenger) 9.75% 9.5% 10% Local Subsistence and Travel Allowance– R415 per night, Cross Border Subsistence and Travel Allowance – R460.00 per night Transport (Intertoll) 10% 10% 10% Min Wage – R2400 Sugar Industry 8.5% 8.5% 8.5% Effective 01st November 2013 – Group A R200.00, Group B – R150, Min Wage – R5786.30 Services 7.75% 7.75% 7.75% Travel allowance – R6000 per month Chemical (Glass) 7% 7% 7% Chemical (FMCG) 7.5% 7.5% 7.5% Chemical (Industrial Chemical) 7.75% 7.75% 7.75% Chemical (Pharmaceutical) 7.5% 7.5% 7.5% Mining (Diamonds) 9% 9% 9% Mining (Platinum) 9 8.5% 9.5% 2 year agreement – plus R3000 ex gratia payment Telecommunications 6% 6% 6.8% 3 year agreement, Standby allowance – 6 percent
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Processes across all CCMA offices Period Total Settlement rate S150 - heard
01st January 2013 to 31st Dec 2013
236 S150 - settled
01st January 2013 to 31st Dec 2013
151 S150 Settlement Rate
Financial year 2013 /2014
82.1% S150 Acceptance Rate
Financial year 2013 /2014
Offers made - 237 Accepted 236 (97.5%) Mutual Interest matters Financial year 2013 /2014 3793 (Average of 316 heard per month 68.6%
EFFICIENCY 2013/14 Conciliation Settlement Rate 75% Arbitration Settlement Rate 53% Mutual Interest Settlement Rate 68.6% Section 150 Settlement Rate 82.1%
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Process 2013/14 Total Number of S189A Facilitations 515 Total Number of S189 referrals (individual retrenchment disputes) 6255
Region 2013/14 Total S189A % 2013/14 S189 Percenta ge Gauteng 217 42% 2011 48% Kwa- Zulu Natal 79 15% 861 14% Western Cape 59 11% 978 16%
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2013 / 2014 Employees likely to be affected Retrenchments Jobs Saved Total Forced Voluntary TOTAL 74983 15654 12865 2783 33694
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Sector Employees likely to be affected
Retrenchments
Jobs Saved Total Forced Voluntary Agriculture 1730 545 522 23 1185 Banking/Finance 799 1 1 1 Building / Construction 2096 750 670 80 1032 Business/Professional 3854 846 688 152 1353 Chemical 792 249 207 42 380 Clothing/Textile 945 7 7 838 Communication 973 901 901 72 Contract Cleaning Distribution 304 113 51 62 89 Education 91 12 12 Electrical 163 113 110 3 7 Entertainment 1700 1700 Food/Beverage 15616 666 607 59 14093 Furniture 39 4 2 2 35 Health 108 54 34 20 54 Hospitality 92 92 92 Leather 290 164 70 94 125 Media Metal 5364 1223 855 368 2725 Mining 29699 7879 6768 1111 6029 Motor 2760 491 167 324 761 Parastatal Paper/Printing 1362 751 491 260 281 Religious Retail 3503 115 23 92 1228 Rubber/Tyre Safety / Security (Private) 518 202 174 28 86 Services 419 319 294 25 100 Telecommunication 21 Transport 1658 93 65 28 1500 Wholesale 87 64 54 10 20 TOTAL 74983 15654 12865 2783 33694
NUMBER OF JOB SAVED STATISTICS BY SECTOR
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TO T H E E C O N O M Y O F T H E C C M A ,T H E TO TA L R E T R E N C H M E N T VA L U E O F G D P O F T H E C C M A IN T E RV E N T IO N M E C H A N IS M S A S P R O P O R T IO N O F T H E C C M A’S C O S T O F T H E F IS C U S .
C C M A IN 2 0 11 /2 0 1 2 IN P R E V E N T IN G R E T R E N C H M E N T S , R E S U LT E D IN R 1 0 .2 4 C O N T R IB U T E D TO G D P O R N AT IO N A L O U T P U T. S IM P LY P U T, T H E R E T U R N O N IN V E S T M E N T TO S O C IE T Y A N D T H E E C O N O M Y O F T H E C C M A C A N B E D IR E C T LY M E A S U R E D A S B E IN G S O M E WH E R E IN T H E O R D E R O F 1 0 0 0 P E R C E N T. T H IS A M O U N T IN C R E A S E D F U R T H E R TO R 1 3 .7 3 IN 2 0 1 2 /2 0 1 3 . (B H O R AT, 2 0 1 4 )
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Above: Senior Commissioner Kaizer Thibedi facilitating a Building Workplace Relations (BWR) intervention for Sun City’s Management and the SACCAWU leadership. Above: Users and Stakeholders from the Agri-Sector who attended the Agricultural Sector Forum meeting organised by the Western Cape DM&P Team in Oudtshoorn. Above: Mpumalanga Supermarket Management and SACCAWU representatives who participated in a scoping meeting for the Workplace Change & Transformation Project that was initiated by the East London DM&P Team. Above: KZN’s DM&P Team members who participated in a community outreach initiative at Chatsworth Unit 3 B on the 18th May 2013
CCMA Revolutionizing Workplace Relations CCMA Johannesburg Regional Office
PROACTIVELY FACILITATING IMPROVED COLLECTIVE BARGAINING PROMOTION OF EMPLOYMENT SECURITY PROMOTING WORKPLACE EMPLOYMENT RELATIONS ENHANCING CAPACITY BUILDING SERVICES (OUTREACH) LABOUR MARKET QUALIFICATION DEVELOPMENT ATTRACTING FUTURE WORKERS AND COMMISSIONERS TO THE CCMA REPOSITION, FURTHER STRUCTURE AND BUILD THE CCMA’S RESEARCH UNIT AND CAPACITY IMPROVED INFORMATION AND STATISTICS
SUPPORT AND CO- OPERATION WITH OTHER LABOUR MARKET INSTITUTIONS AND BODIES FOR BETTER DELIVERY
LEARNING AND CONTRIBUTING TO INTERNATIONAL SHARING OF BEST PRACTICE UPGRADING CCMA COMMUNICATION TOOLS AND WEBSITE ASSESS AND RECONFIGURE CCMA ROLES, STRUCTURES AND CAPACITY
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CCMA’s role since 2011 has increasingly focused on verification
There has been an increase in inter-union rivalry, unprotected strikes
The CCMA has responded with dynamic flexibility and have decisively
The CCMA has supported Social Partners in their efforts to strengthen
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Societal Fault Lines - Inequality, Poverty & Unemployment Impatience In The Streets And On Factory Floor Inadequate Awareness Of Internal & External Labour Market Dynamics Ineffective Management Of Industrial Relations Absence Of Meaningful Engagement Absence Of Trust Across In The Labour Market Losing Confidence In The Mechanisms Of (Peace) In The Labour Market Fractious Labour Market Squeeze Of Profit Making Adherence To Inefficient Bargaining Processes
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