Chapter 1 Flashcards
(28 cards)
Skills Development ACT
Aims to enable more South Africans to gain access to skills training opportunities that have long- term benefits for the population and society.
Purpose of Skills Development ACT
-Encourages businesses to improve skills of new and existing workers
-Invests in the education and training of the South African Workforce
-Improves job prospects of previously disadvantaged people.
Advantages of SDA on Businesses
-Increases number of skilled employees with scarce skills
-Improves the return on investment in education and training
-Increases investment in education and training in South African labour market
Disadvantages of SDA on Businesses
-The SDA initiative of the government may not always be supported by all businesses
-Businesses find it difficult to moniter/control implementation of this Act
-Only businesses with staff payroll over R500 000 per annum can claim the SDL.
Discrimanatory actions according to SDA
-Providing incorrect and irrelevant information to employees about a learnership to deliberately mislead employees
-Falsifying information in any documentation such as tax documentation submitted to SARS and workplace skill plans
-Promoting skills development unfairly, for example, when only certain employees benefit
-Preventing qualified employees from gaining access to training opportunities and learnerships
Consequence for non compliance with SDA
-Businesses that do not pay SDL may not offer learnerships to employees or claim grants from the SDA
-Businesses who neglect to comply with SDA may receive large fines and may be given a jail sentence, which will be dependent on severity of non compliance
-The business operating license may be revoked, which may prevent business from continuing any form of operationd
Ways in Which Business can comply with SDA
-Provide opportunities for all employees to improve their skills
-Display a summary of the SDA in the business where it is visible to all employees
-Assess the skills of employees to determine the areas in which the skills development is needed
-Promote and encourage employees to improve their skills and to actively engage in learnerships
Function of SETAs
-Register various learnerships and learning programmes
-Develop skills development plans for the various economic sectors
-Develop skills plans that are in line with the aims of the National Skills Development Strategy(NSDS)
-Promote learnerships and learning programmes by correctly identifying the best workplaces for practical work experience
Funding of SETAs
-Skills Development levies are paid by employers to SARS as a collecting agency for government
-Donations/Grants received from the public /businesses/CSI programs
-Surplus funds from government institutions
Meaning of learnership
-Theoretical/practical training opportunities that lead to a recognised occupational qualification
-They provide structured learning programs that are completed during work hours during a specific period
-It includes a training course with learning material as well as practical work experience
Explanation of NSDS
-Increases access to programs that train people
-Improves social development through economic development
-Builds career/vocational guidance/training centres
-Improves the skills of the public sector to improve service delivery
-Makes better use of/enhances/improves workplace based skills development
Meaning of human resource development strategy
-Addresses skills shortage in the South African workplace
-Develops both short term and long tern workforce skills
-Achieves faster economic growth/higher employment levels and reduces the poverty level in South Africa
Labour Relations Act
_The LRA is an enabling framework that regulates the relationship between employees and employers, and promotes sound relations between trade unions and employer organisations.
-Through effective implementation of the LRA, fair labour practices in the workplace contribute to improved efficiency in business operations with minimal disruptions.
Purpose of the Labour Relations
● Promotes collective bargaining at the workplace/sectoral level.
● Promotes simple procedures for the registration of trade unions and employer organisations.
● Promotes fair labour practices between employers and employees.
Positives/Advantages of LRA for Businesses
● Protects the rights of businesses and employer organisations in labour-related issues.
● Promotes quick and less expensive labour dispute resolutions.
● Protects employers who recourse lawful lockouts when negotiations between parties fail and when employees participate in strike action.
Negatives/Disadvantages of LRA for Businesses
● Decreased profitability of businesses because of a decline in productivity and sales.
● Productivity may decrease significantly if employees engage in trade union related activities during work hours.
● The implementation of the LRA may be very costly and time-consuming – especially the dispute resolution process.
Actions regarded as non-compliance / Discriminatory actions according to the LRA
● Dismissing employees unfairly or illegally.
● Preventing employees from forming and joining trade unions.
● Refusing to provide trade union representatives leave to attend to trade union matters.
● Preventing employees from participating in legal strikes.
● Dismissing employees who participate in legal strikes.
Penalties/Consequences for non-compliance with the LRA
● Businesses may be forced to enter into a dispute resolution process if they do not willingly participate.
● The business’s licence may be revoked, which may prevent the business from continuing any form of operations.
● Businesses that fail to comply with the LRA may incur financial costs such as legal fees/CCMA fees.
Ways in which Businesses can comply with the LRA
● The establishment of workplace forums must be supported by employers.
● Any agreements made during collective bargaining should not be ignored/breached by employers.
● Fairness should be promoted, and employees should not be unfairly/illegally dismissed.
The Rights of Employers and Employees according to LRA
(Rights of Employers)
● Form employer organisations.
● Dismiss employees who engage in unprotected strikes/misconduct such as violence or intimidation during strike action.
● Form bargaining councils for the purpose of collective bargaining.
The Rights of Employers and Employees according to LRA
(Rights of Employees)
● Join a trade union of their choice.
● Embark upon legal strikes as a remedy for grievances.
● Establish a workplace forum where a business has 100 or more employees to resolve work-related issues.
