Unemployment Convention, 1919 (No. 2) - South Africa (RATIFICATION: 1924)

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Article 2(2) of the Convention. Coordination of the activities of public and private employment services. The Committee notes that the Government indicates in its report that the Department of Labour has developed an electronic system known as Employment Service South Africa (ESSA) that registers unemployed and underemployed jobseekers, job vacancies, as well as conducts job matching. The second phase of ESSA’s development will include the linkage of registered jobseekers with employment counselling and a national career information portal, as well as the registration and certification of private employment agencies and temporary employment services. With regard to the public employment offices, the Government indicates that in 2013–14, the number of vacancies notified was 109,564 and the number of jobseekers placed in employment was 15,570. Moreover, the Committee notes that section 15(1) of the Employment Services Act No. 4 of 2014, which provides for the regulation of public employment services and private employment agencies, specifies that no person may charge a fee to any jobseeker for providing employment services. The Minister may, after consulting the Employment Services Board, by way of notice in the Gazette, permit private employment agencies to charge a specified fee to specified categories of employees or for the provision of specialized services (section 15(2) of the Act). With regard to private employment agencies, the Committee further notes that draft regulations on private employment agencies and temporary employment services are being developed. Furthermore, the Government indicates that it has not yet initiated consultations with the social partners concerning the ratification of the Employment Service Convention, 1948 (No. 88), the Employment Policy Convention, 1964 (No. 122), and the Private Employment Agencies Convention, 1997 (No. 181). The Committee requests the Government to provide information on any eventual consultations in this regard. Please also continue to provide information on the measures taken to coordinate the activities of public and private employment services with a view to combating unemployment.

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Measures to combat unemployment. In replying to the 2004 direct request, the Government indicates in a report received in November 2009 that it has embarked on reviving the comprehensive operation of employment services. An Employment Services Bill is being developed, taking into consideration the provisions for employment services and the coordination of public and private employment services. The Regulations for Private Employment Agencies (Employment Services for Gain) will be reviewed in line with the new employment services legislation. In its General Survey of 2010 on employment instruments, the Committee recalled the historical background in which Convention No. 2 was adopted in 1919. Convention No. 2 recognized the existence of private free employment agencies and required member States to coordinate the operations of private and public agencies on a national scale. However, the most recent international labour standards, such as the Employment Policy Convention, 1964 (No. 122), which has been identified as a governance Convention by the 2008 Social Justice Declaration; the Employment Service Convention, 1948 (No. 88), and the Private Employment Agencies Convention, 1997 (No. 181), recognize the role played by public services and private employment agencies to achieve an optimal labour market functioning and thus, the realization of the right to work. In its contribution to the 2010 General Survey, the Government of South Africa indicated that almost all Articles of Convention No. 88 are addressed in the current legislation. It also indicated that the existing regulations on private employment agencies under the Skills Development Act, 1998, allow for registration of the agencies. The Committee noted that the Government of South Africa is considering ratification of Convention No. 88 (General Survey, op. cit., paragraph 710). The Committee invites the Government to provide information in its next report on the adoption process of the Employment Services Bill and the revision of the Regulations for Private Employment Agencies (Employment Services for Gain). It would also welcome information on consultations that may have been held with social partners concerning the ratification of Conventions Nos 88, 122 and 181.

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1. Measures to combat unemployment. Further to its previous direct request, the Committee welcomes the data and statistical information provided in the Government’s report on the nature of unemployment in South Africa. Please continue to provide updated information concerning unemployment and the effect of the measures taken to combat it in the country (Article 1 of the Convention).

2. The Committee notes with interest that, under the Skills Development Act No. 97 of 1998, public employment services have been established with 124 labour centres operating throughout the country. The National Skills Authority, which includes representatives of employers and of workers, as well as representatives of other persons concerned, also advises on matters relating to employment services. The Committee would be grateful if the Government would provide information in its next report on the development of free public employment services. Please also describe the steps taken to coordinate the operation of public and private employment services as requested in Article 2, paragraph 2, of the Convention.

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1. Article 1 of the Convention. The Committee notes the detailed statistical information provided by the Government's report and hopes that the Government will continue to communicate such statistics in its next reports, and also any other information concerning unemployment and measures taken or contemplated to combat it, and that such information will cover the whole of the national territory.

2. Article 2, paragraph 1. The Government states in its report that the Skills Development Bill provided for the establishment of the National Skills Authority (NSA). A Subcommittee on Employment Services will be established under the NSA and representatives of employers, workers and other stakeholders will be represented. The Committee hopes that the Government will be able to report soon on the adoption of the Skills Development Bill and on any progress made concerning the appointment of committees to advise on matters concerning the carrying on of a free public employment agencies under the control of a central authority, as requested by the Convention.

3. Article 2, paragraph 2. The Committee notes the Government's statement to the effect that the issue of private free employment agencies will be dealt with by the Subcommittee on Employment Services. The Committee would be grateful if the Government would indicate, in its next report, whether free private employment agencies exist, and if so, what steps are taken or envisaged to coordinate their operations with those of the public placement services, as required by this provision.

4. The Government may deem it useful to consider other instruments adopted by the Conference related to employment, such as the Employment Service Convention, 1948 (No. 88) and Recommendation No. 83; the Employment Policy Convention, 1964 (No. 122) and the Employment Policy (Supplementary Provisions) Recommendation, 1984 (No. 169); the Employment Promotion and Protection against Unemployment Convention, 1988 (No. 168) and Recommendation No. 176 and the Private Employment Agencies Convention, 1997 (No. 181) and Recommendation No. 188.

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The Committee notes the information provided by the Government in its report received in December 1993, as well as the recent political, social and economic developments in South Africa reflected in the Governing Body document GB.261/LILS/9/7 "Developments in South Africa and implementation of the ILO plan of action in South Africa" adopted by its 261st Session in November 1994. It notes, in particular, from the Government's report that Black Administration (Development) Boards were disbanded and the placement services were incorporated with those of the Department of Manpower which renders placement service free of charge throughout the country to all workseekers of all population groups, and residential rights no longer restrict workseekers from having access to such services.

Article 1 of the Convention. With reference to its previous comments, the Committee notes from the Government's report that the Central Statistical Service made arrangements to undertake a survey, once every year in October, to compile statistics concerning unemployment for the whole of the national territory. The Committee hopes that the Government will be able to communicate such statistics with its next report, as well as any other information concerning unemployment and measures taken or contemplated to combat it, and that such information will cover the whole of the national territory.

Article 2, paragraph 1. The Government states in its report that there are no advisory employment boards in the country. The Committee recalls in this regard that this Article of the Convention provides for the establishment of committees which shall include representatives of employers and workers to advise on matters concerning the carrying on of free public employment agencies. It hopes that the Government will take appropriate measures to establish such committees, in conformity with this Article, and asks the Government to supply information on any progress made in this connection. The Government is requested to indicate, in particular, how such committees are constituted and appointed and what method is adopted for the choice of the employers' and workers' representatives, as required by the report form.

Article 2, paragraph 2. The Committee notes the Government's statement to the effect that no steps have been taken to coordinate the operations of private employment agencies with those of the placement services of the Department of Manpower. The Committee would like to draw the Government's attention to the provision of this Article, which reads as follows: "Where both public and private free employment agencies exist, steps shall be taken to coordinate the operations of such agencies on a national scale". The Committee would be grateful if the Government would indicate, in its next report, whether free private employment agencies exist, and if so, what steps are taken or envisaged to coordinate their operations with those of the public placement services, as required by this Article.

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The Committee refers to its general observation and to its earlier comments on this Convention. It notes that the Government's report does not contain substantive new elements in reply to its previous comments, except for the question concerning unemployment insurance for non-national workers, and asks the Government to furnish detailed information on the following points:

Article 1 of the Convention. The Committee has noted that the information concerning unemployment supplied by the Government does not cover the areas of Transkei, Bophuthatswana, Venda and Ciskei. It requests the Government to provide, in its next report, all available information, statistical or otherwise, concerning unemployment in the whole of the national territory including these areas, and details of any measures taken or contemplated to combat it.

Article 2(1). (a) The Committee has noted the information concerning the network of free public employment agencies under the Guidance and Placement Act, 1981 (GPA), which is now in force. It has understood that the Black Labour Act, 1964, referred to in its earlier comments, has been repealed by the Aliens and Immigration Laws Amendment Act, 1984. However, it appears that the effect of the new legislation continues to be to limit the access of "Black" workers to these free employment agencies, in so far as they have no residential rights in the particular areas covered by the agencies. At the same time, it appears that people in rural or so-called "homeland" areas must register at Black Administration (Development) Board Offices in order to qualify for "requisition" work in those urban areas. The report also refers to placement services offered by magistrates' offices on behalf of the Department of Manpower. The Committee hopes the Government will clarify the nature of the system of public employment agencies operating in all parts of the country, in terms of the requirements of the Convention; indicate whether there are free agencies throughout the country which are under the control of a central authority; and give a general account of the working of the system throughout all areas of the country.

(b) Please indicate whether a system of advisory committees including representatives of employers and workers has been formed to advise on the operation of the public employment agencies (for example under GPA sections 9 to 14) and, if so, indicate the membership of the committees.