Presentation to Portfolio Committee on Public Service and Administration “PSCBC Structures, Challenges and Obstacles” 7 March 2012
Contents_____________________________ • Constitutional Framework • Structure of Collective Bargaining • Parties admitted to the Bargaining Council • PSCBC • Sectoral Bargaining Councils • Provincial and Departmental Bargaining Chambers • Way Forward
Constitutional Framework_____________________________ • Chapter 2, Section 23 of the Constitution confers bargaining rights on employees and employers • These rights regulated in Labour Relations Act, No. 65 of 1995, as amended (LRA) • Bargaining Forum for the public service established by Schedule 1, Section 2 of the LRA
Structure of Collective Bargaining in the Public Service______________________________________ • 3 pillars of collective bargaining in the public service: • Central bargaining at the PSCBC; • Sectoral bargaining in sectoral councils; and • Bargaining in provincial and departmental chambers.
Parties Admitted to the Bargaining Council_________________________________ The parties to the Council are: • The Employer; and • All trade unions admitted to the Council • 8 trade unions admitted to the PSCBC. • COSATU comprised of SADTU, NEHAWU, POPCRU and DENOSA. • Independent Labour Caucus (ILC) comprised of HOSPERSA, NAPTOSA, SAPU and PSA.
PSCBC – Scope_____________________________ • The registered scope of the Council is the public service in respect of those matters that: • Are regulated by uniform rules, norms and standards that apply across the public service; or • Apply to terms and conditions of service that apply to two or more sectors; or • Are assigned to the State as employer in respect of the public service that are not assigned to the State as employer in any sector. • MPSA responsible for managing bargaining at this level in terms of Part D Section 35-38 of LRA.
Sectoral Bargaining – GPSSBC_____________________________ General Public Service Sectoral Bargaining Council (GPSSBC) • Established in terms of Section 35, read in conjunction with Section 37 of the LRA and by designation of PSCBC Resolution No. 10 of 1999. • This sector deals with matters related to all other staff not specifically covered by the following sectors: • Education Labour Relations Council; • Public Health and Social Development Sector Bargaining Council; and • Safety and Security Sectoral Bargaining Council • Minister for Public Service and Administration is responsible for managing bargaining at this level.
Sectoral Bargaining – Scope of GPSSBC______________________________________ • The GPSSBC scope spans: • 9 Provincial Governments, • 93 Provincial Departments, • 34 National Departments, and • 305 000 Employees. • Core Operations: • Conclude and enforce collective agreements; • Prevent labour disputes; • Perform dispute resolution functions referred to in Section 51 of the Act; • Establish and administer a fund to be used for dispute resolution; and • Create an environment conducive to the provision of operational services by the PSCBC.
Sectoral Bargaining – ELRC_____________________________ Education Labour Relations Council (ELRC) • Established in terms of Section 35, read in conjunction with Section 37 of the LRA. • This sector deals with matters related to Educators only. • Minister for Basic Education is responsible for managing bargaining at this level.
Sectoral Bargaining – Scope of ELRC_____________________________ • The registered scope of the Council extends to the State in its capacity as employer and those employees in respect of which the Employment of Educators Act, 1998, applies.
Sectoral Bargaining – SSSBC_____________________________ Safety and Security Sectoral Bargaining Council (SSSBC) • Established in terms of Section 35, read in conjunction with Section 37 of the LRA and by designation of PSCBC Resolution No. 10 of 1999. • This sector deals with matters related to all staff employed within the SAPS. • Minister of Police is responsible for managing bargaining at this level.
Sectoral Bargaining – Scope of SSSBC_________________________________ • The scope of the Safety and Security Sectoral Bargaining Council is the State, as employer and its employees employed in the South African Police Service in terms of: • the South African Police Service Act; and • the Public Service Act
Sectoral Bargaining – PHSDSBC_____________________________ Public Health and Social Development Sectoral Bargaining Council (PHSDSBC) • Established in terms of Section 35, read in conjunction with Section 37 of the LRA and by designation of PSCBC Resolution No. 10 of 1999. • This sector deals with matters related to all staff within the Health and Social Development departments as well as all health professionals employed in terms of the PS Act working in a health facility. • Minister of Health is responsible for managing bargaining at this level.
Sectoral Bargaining – Scope of PHSDSBC______________________________________ • Represents employers and employees employed in:- • The Department of Health in the national sphere of government; • The nine departments of health in the provincial sphere of government; • The Department of Social development in the national sphere of government; • The nine departments of social development in the provincial sphere of government; • All other employees, who are employed in health and social development facilities under the Public Service Act and the Correctional Services Act; their employers; and • Other health and social development workers, as defined in schedule 1 of the PHSDSBC’ Constitution and employed under the Public Service Act, and their employers.
Sectoral Bargaining – Further Education and Training_________________________________ Further Education and Training Sector • A recent addition, has its lecturing staff in a separate bargaining unit under the ELRC while the administration staff are accommodated within the GPSSBC.
Provincial and Departmental Chambers_________________________________ • Each sector has established provincial chambers • In the case of the GPSSBC, national departmental chambers have been established. • The chambers are not juristic persons and must have their collective agreements ratified by the sector council. • The Executing Authority of each national department and the Premier in the case of a province is responsible for managing bargaining at this level.
Scope of Provincial Chambers_____________________________ • A provincial Chamber shall function in the provincial administration for which it has been established. • Its jurisdiction shall be limited to issues of transverse nature in the provincial administration (this will exclude SAPS, which is a national competency), and thus: • Those that affect only the provincial administration concerned, or which need special or specific attention in the provincial administration; and • Those that affect more than one sector, as designated by the Council, in the provincial administration, provided it falls within the competencies of the executing authorities of the provincial administration.
Challenges and Obstacles_____________________________ • Matters remain on agenda without resolution for extended periods, this compromises Government operations. • Various inconsistencies, e.g. • Administrative staff within a sectoral department do not receive sector-specific benefits even though they contribute financially to that particular sector • Another example is of nurses employed in Correctional Service fall within the Health scope but nurses employed at schools do not
Challenges and Obstacles_____________________________ • Challenges related to implementation of OSD: • Incorrect implementation and amendments of original proposal through sectoral bargaining. • Often leads to financial shortfalls. • Challenge at provincial and departmental chambers: • Departments sign agreements with labour without consulting Custodian departments and sometimes against advice.
Way Forward_____________________________ • Revise scope of Councils, including PSCBC. • More oversight, i.e. monitoring and quality assurance to be exercised over Councils. • Improve financial oversight and reporting of the PSCBC. • Chambers to be designated as consultative forums. • Task teams to have clear terms of reference and workplans.