1. EMPLOYMENT SERVICES BILL, 2012
BRIEFING TO PORTOFOLI OCOMMITTEE
ON LABOUR
MARCH 2013

2. Background Four bills published on 17th December 2010:
Labour Relations Amendment Bill, 2010
Basic Conditions of Employment Amendment Bill, 2010
Employment Equity Amendment Bill, 2010
Employment Services Bill, 2010
NEDLAC process commenced in January 2011 and concluded in July 2012 on ES Bill.

3. Background to ES Bill
Bill seeks to repeal provisions in Skills Development Act relating to employment services and Productivity SA.
Bill gives legal framework for the functioning of a repositioned public employment service.
Bill provides legal basis for establishment & functioning of Productivity SA & Protected Employment Enterprises.

4. Overview of ES Bill Public Employment Service
Functions of ES provided for (free services), including employment of foreign nationals
Minister empowered to establish schemes to promote employment & minimize retrenchment

5. Overview cont. 2. Private Employment Agencies
Bill provides for registration for PEA’s & cancellation of registration
Prohibited acts by PEA’s defined
Charging of fees by PEA’s clarified
Retention & confidentiality of information clarified.

6. Overview cont. 3. Employment Services Board
Board established and composition prescribed
Board advisory in nature and its functions outlined
Constitutional provisions provided for.

7. Overview cont. 4. Productivity SA Re-establishment of PSA
Functions of PSA & its Board provided for.
5. Protected Employment Enterprises
Sheltered employment factories re-established and their mandate clarified.

8. Summary
Employment Services Bill repositions the service to play a role in employment promotion within an expanded legal framework.
The ES Bill provides for regulation of the operations of Private Employment Agencies.
Productivity SA & Protected Employment Enterprises re-established and fully provided for in law.

9. Thank you