By: Elias Monage CAPES President. ILO Conventions and Recommendations ILO Decent Work Country Programme Conceptualisation of Decent Work by ILO.

By: Elias MonageBy: Elias MonageCAPES PresidentCAPES President

ILO Conventions and Recommendations

ILO Decent Work Country Programme

Conceptualisation of Decent Work by ILO provides a fair income, employment security,social security benefits and healthy and safe environment

Global Union and CIETT Corporate Members on Temporary Agency Work- the parties support the establishment of a regulatory framework for the industry to promote decent forms of temporary agency work.

The agreement is global in scope with mutual commitments.

The Agreement recognises that temporary agency work contributes to improving the functioning of labour market by implementing active market policies,improving life-work balance

Prevent unfair competition by fraudulent agencies

Collective Employment Agreement for Temporary Employees 2009-2014

The Agreement covers the following◦ Remuneration, ◦ Training, ◦ Employment conditions, ◦ Trade union facilities, ◦ Pension fund, ◦ Duration and adherence

Skilled workers regulation-review the regulation after two years

The Namibian High Court gave a ruling on the Constitutional validity of Section 128(1) of the Namibian Labour Act, 2007.

This section outlaws labour hire. It reads as follows “No person may, for reward, employ any person with a view to making that person available to perform work for a third party”

The 30 percent threshold within the NBCRFI Extension of the Agency shop-”The employers organisation

will charge all operators and TES’s a monthly collective bargaining levy of R200 and employees 1 percent of the weekly wage.

Other 23 Agency Agreements that operates across sectors and industries and binds TES’s

Metal and Engineering Industry Bargaining Council-Section 20 of the Agreement

Rubber Industry limitations and phasing out of TES The SAA , SATAWU and UASA Agreement

Regulate new forms of employment- Central to this concept is the recognition that the labour market is both diverse and dynamic.

Social dialogue to address specific sector needs or a workplace

Administrative discretion – Predominantly to deal with Exemptions for sectors or industries

Administrative determinations-Ministerial determinations

Codes of Good Practice-set standards

Selective application of legislation

Labour Brokers or TES are regulated by the current provisions of the LRA i.e S198,S57 of the Employment Equity Act, S83 of the BCEA,S 23,S24 of the SDA and Numerous Bargaining Council Agreements including Sectoral Determinations

COIDA etc

Registration of TES

Bargaining Councils and Dol inspectorate

Review of certificates and requirements

Membership of Association and verification mechanisms

Labour Legislations and Regulations

Human Resources Development Strategy SETA Re-establishment and NSDS 3 Social Security and Retirement Reforms ESSA Regulations Decent Work Country Programme Atypical forms of employment Current labour legislative provisions in respect of

outsourcing,contract work and TES Research

Termination and end of assignments

Jurisdiction

Contract of Employment

Code of Best Practice-Labour Broking in Mpumalanga

Settlements and awards

Forge and set the standards for adherence to the highest principles of ethics, equity, integrity,professional conduct and practical ethical behaviour in all dealings in upholding the reputation of the industry

Adherence to the code of ethics forms part of professionalism of the industry