GUIDELINES SKILLS DEVELOPMENT FACILITATORS AND SKILLS DEVELOPMENT COMMITTEES

Transcription

1 CONTENTS 1. INTRODUCTION 2. PURPOSE OF THE GUIDELINE 3. THE SKILLS DEVELOPMENT FACILITATOR 3.1. What is a Skills Develpment Facilitatr 3.2. The rle f a Skills Develpment Facilitatr 3.3. Categries f Skills Develpment Facilitatrs 3.4. Nminatin f Skills Develpment Facilitatrs 3.5. Wh can serve as a Skills Develpment Facilitatr 3.6. Registratin f Skills Develpment Facilitatrs with SETA 3.7. Training f Skills Develpment Facilitatrs 3.8. Supprt f Skills Develpment Facilitatrs 4. THE SKILLS DEVELOPMENT COMMITTEE 4.1 What is a Skills Develpment Cmmittee? 4.2. When shuld a Skills Develpment Cmmittee be established? 4.3 What shuld be the cmpsitin f a Skills Develpment Cmmittee? 4.4 The rle f the Skills Develpment Cmmittee ANNEXURES Annexure 1: Guidelines n cnsultatin requirements fr Wrkplace Skills Plans and Annual Training Reprts

2 1. INTRODUCTION Skills Develpment Facilitatrs (SDFs) and Skills Develpment Cmmittees (SDCs), frmerly knwn as Training Cmmittees, have becme an established practice in the mining and mineral sectr. SDFs and SDCs, as in-huse cnsultatin frums, cntinue t play an imprtant rle in relatin t skills develpment 2. THE PURPOSE OF THE GUIDELINES t guide emplyers and emplyees within the mining and minerals sectr (MMS) regarding Skills Develpment Facilitatrs and Skills Develpment Cmmittees. 3. THE SKILLS DEVELOPMENT FACILITATOR 3.1 What is a Skills Develpment Facilitatr? An SDF is a persn wh will ensure that the rganisatin s Wrkplace Skills Plan / Implementatin Reprt is develped and implemented and als serves as a liaisn persn between the rganisatin/s and the SETA. The SDF can be appinted frm within the rganisatin/s, usually a persn within the training divisin and/r human resurces divisin. An independent (external) SDF can als be used t assist the rganisatin with the implementatin f skills develpment at the wrkplace The rle and respnsibilities f the Skills Develpment Facilitatr The rle f the SDF is t amngst thers: Take a hlistic view f skills develpment within the rganisatin with due cnsideratin f legislative requirements and rganisatinal imperatives; Serve as a resurce with regard t all aspects f skills develpment within the rganisatin; Serve as a cntact persn between the rganisatin and the SETA; Ensure that the rganisatin s databases can prvide the relevant skills develpment data;

3 Assist the rganisatin in develping a Wrkplace Skills Plan which cmplies with legislated and SETA requirements; Submit the Wrkplace Skills Plan t the SETA; Advise the rganisatin n the implementatin f the Wrkplace Skills Plan; Assist the rganisatin with the drafting f an Annual Training Reprt n the implementatin f the previus year s Wrkplace Skills Plan; Advise the rganisatin n quality assurance requirements as set by the SETA; Cmmunicate SETA initiatives, grants and benefits t the rganisatin; and SDFs that that d nt perfrm their duties cannt be used as an excuse t the SETA by rganisatins in terms f deadlines missed, r infrmatin nt passed n by the SDF. CATEGORIES OF SDFS Primary SDFs The Primary SDF is the main SDF fr the SDL number and the liaisn persn with the SETA. Only ne (1) Primary SDF is permitted per levy number. Secndary SDFs Relevant peple within the rganisatin, ther than the primary SDF may be nminated as secndary SDFs. The rle that they play may include, amngst thers: a supprt rle t the primary SDF; where they require access t the rganisatins infrmatin n SETA s management infrmatin system; where an rganisatin with multiple peratins / divisins / branches may have ne primary SDF but each peratin / divisin / branch may have a secndary SDF t facilitate skills develpment initiatives. The number f secndary SDFs will depend n the number required by the rganisatin.

4 3.3. Nminatin f SDFs The appintment f a suitably qualified SDF wh is cmpetent and at the apprpriate level in the rganisatin is the respnsibility f the rganisatin. In the case f medium and large rganisatins (with 50 r mre emplyees) the rganisatin shuld appint the SDF in cnsultatin with the Skills Develpment Cmmittee, except in instances where the appintment prcess is fllwed in accrdance with the rganisatin s recruitment plicy and prcedure. In the case f small rganisatins (wh emply 49 r less emplyees), wh are unable t nminate an emplyee r cntract an independent SDF t perfrm the rle, may request the assistance frm the SETA and SETA will allcate a resurce t play the SDF rle fr the rganisatin. 3.4 Wh can serve as a Skills Develpment Facilitatr? Based n the criteria fr the nminatin f an SDF an SDF can be: An emplyee f the rganisatin; r A persn that is frmally cntracted t the rganisatin t perfrm this rle. In additin, SETA makes available the services f SETA-cntracted SDFs t rganisatins, particularly small rganisatins, within the sectr requiring supprt. Shuld an rganisatin chse t use these services, the respnsibility fr legal cmpliance remains with the rganisatin. 3.5 Training f SDFs It is the rganisatin s respnsibility t ensure that the SDF has the necessary training t perfrm their rle effectively. This includes bth primary and secndary SDFs. 3.6 Supprt f SDFs The SETA will prvide supprt t registered SDFs in the frm f updated skills develpment infrmatin and tlkits and guidelines n key tpics in terms f their rles as an SDF such as the Organising Framewrk fr Occupatins (OFO) and WSP-ATR.

5 All registered SDFs have access t the fllwing data f the rganisatin n the SETA management infrmatin system: Organisatin infrmatin page including details frm SARS/Department f Higher Educatin and Training (DHET; Levy-grant histry; Wrkplace Skills Plan (WSP) - Annual Training Reprt (ATR) status histry. 3.7 Registratin f SDFs with the SETA The SDF is required t register with the SETA by cmpleting the nline SDF registratin frm and ensuring that the frm is submitted t SETA with the necessary rganisatin signatures. Fllwing validatin f the applicatin, the SDF will be ntified in writing by the SETA if the applicatin has been apprved. 4. THE SKILLS DEVELOPMENT COMMITTEE The SETAs cnsist f rganised emplyers and rganised labur frming the Bards, the Natinal Skills Authrity cnsists f a wider cnsultative framewrk f stakehlders including nt nly business and labur but als the civic bdies. The qualificatins-generating bdies have als had the cntributin f rganised labur and, critically, the Natinal Skills Develpment Strategy is develped fr the natin in a cnsultative prcess engaging all stakehlder rganisatins. Prbably mst imprtantly, at the wrkplace the establishment f trust and gd relatins between management and emplyees can be enhanced by cllabrative wrking grups such as Skills Develpment Cmmittees. The rle f the unin rep in the skills develpment cmmittee-the Skills Prtal

6 4.1. What is a Skills Develpment Cmmittee? Training Cmmittees (nw knwn as Skills Develpment Cmmittees) were first intrduced in the Gvernment Gazette (Gvernment Gazette 20865) n 7 February 2000 in the regulatins, Annexure A: Emplyers with mre than 50 emplyees must establish an in-cmpany frum fr cnsultatin with regard t skills develpment. Where a wrkplace is uninised, trade unin and management structures shall fulfil this functin. Whilst these regulatins were repealed as a whle, the gd practice f cnsultative frums hwever was already established and cntinues tday. A SDC is a frum established by the emplyer t cnsult emplyees (representative trade unins where they exist and/r representatives nminated by emplyees where they d nt) n skills develpment matters. The purpse f cnsultatin is that parties shuld engage in a thrugh and meaningful jint cnsensus-seeking prcess. Cnsultatin des nt mean negtiate which implies bargaining in rder t reach an agreement When shuld a Skills Develpment Cmmittee be established? It is the emplyer s respnsibility t establish and cnvene the SDC. A SDC shuld be established when an rganisatin emplys mre than 50 peple (i.e. is a medium r large rganisatin). Smalls rganisatins are encuraged t still cnsult emplyees n skills develpment issues as a matter f gd rganisatinal practice. An existing frum can be utilised fr cnsultatin n skills develpment What shuld be the cmpsitin f a Skills Develpment Cmmittee? The frum shuld be represented by all stakehlders (equal representatin frm management and emplyees/ Labur)

7 A primary skills develpment facilitatr (SDF), r, secndary skills develpment facilitatr, wh is appinted by the emplyer (whmever is applicable); Other Human Resurces Develpment staff that have a respnsibility fr skills develpment within the rganisatin; Unin representatives and / r ther emplyee representatives; Senir management representing the emplyer The rle f the Skills Develpment Cmmittee Bradly the rle f the SDC is: T c-perate with management in preparing, implementing and mnitring Wrkplace Skills Plans T represent, cmmunicate with and gather feedback frm emplyees and ther stakehlders n skills develpment matters T fcus n the statutry bjectives, particularly thse embdied in the Skills Develpment Act, and nt attempt t use the cmmittee as a frum t address the interests f individuals r ther parties Specific functins and respnsibilities shuld include: Prviding input int a skills develpment plicy in supprt f the rganisatin s business plan Prmting the alignment f wrkplace skills planning t the emplyment equity plan Infrming fellw emplyees abut training plicy and implementatin Making input int the Wrkplace Skills Plan Signing ff that the SDC was cnsulted n the Wrkplace Skills Plan

8 Mnitring implementatin f the Wrkplace Skills Plan Advise f issues related t discretinary grants and mnitr prgress Mnitring the payments f grants and levies Prviding input int the Annual Training Reprt Develp Terms f Reference fr the SDC

9 ANNEXURE 1: GUIDELINE ON CONSULTATION REQUIREMENTS FOR WORKPLACE SKILLS PLANS AND ANNUAL TRAINING REPORTS

10 1. Purpse f guideline This dcument has been prvided t guide emplyers and emplyees regarding wrkplace cnsultatins n wrkplace skills plans and annual training reprts. 2. Wh shuld be cnsulted? Emplyee representatives r trade unin shuld be cnsulted in Skills Develpment matters. Cnsultatin des nt nly happen in medium and large rganizatin. With small entity/ies (less than 50 emplyees), it is recmmended that cnsultatin take place with emplyee representatives in the cmpilatin f the WSP/ATR t ensure buy in frm the wrkfrce and gd practice f the rganisatin. 3. When shuld cnsultatin cmmence? Cnsultatins shuld cmmence as early as pssible in the prcess f preparing a wrkplace skills plan r annual training reprt. 4. What frum shuld be used fr cnsultatins? A cnsultative frum, such as a Training Cmmittee r Skills Develpment Cmmittee, shuld be established r an existing frum utilised. The frum shuld include emplyee representatives reflecting the interests f emplyees. Representative trade unins, where these exist, r representatives nminated by such trade unins shuld be included in the cnsultatin prcess. The emplyer shuld be represented by ne r mre members f senir management. 5. What standards shuld cnsultatin meet? The purpse f cnsultatin is that parties shuld engage in a thrugh and meaningful jint cnsensus-seeking prcess. All parties shuld in gd faith keep an pen mind thrughut the prcess and seriusly cnsider prpsals put frward.

11 It is the respnsibility f the emplyer t establish a Training/ Skills Develpment Cmmittee t versee the training cmmitted and training dne. An SDC is a frum established by the emplyer t cnsult emplyees (representative trade unins where they exist and/r representatives nminated by emplyees where they d nt) n skills develpment matters. It is recmmended that the emplyer shuld at least cnduct the SDC meetings quarterly and cnsultatin shuld cmmence as early as pssible in the prcess f preparing fr the wrkplace skills plan r annual training reprt. An emplyer with 50 r mre emplyees must submit a signed ff WSP, PP (Pivtal Plan), ATR and PR (Pivtal Reprt) by the labur representative appinted by the unin/s r an emplyee representative where labur is absent n r befre the submissin deadline.. In the case where the unin des nt want t sign, the emplyer must prvide prf f cnsultatin n r befre the submissin deadline. What shuld be part f the prf f cnsultatin pack? A signed register (by all parties) Signed minutes f the cnsultatin meeting by the chairpersn and unin/emplyee representative/s Prf that Wrkplace Skills Plan, Annual Training Reprt, Pivtal Plan, Pivtal Reprt was discussed n the meeting Shuld the unin/emplyee representative fail t sign the WSP, ATR, PP and PR due t a reasn/s nt related t the afrementined reprts, it will be at the SETAs discretin t apprve the submitted dcument shuld it meet the SETA requirements. In terms f Clause 5 (2) (f) f the new Skills Develpment Regulatins, in the case f an emplyer wh has a recgnitin agreement with a trade unin r unins in place, there must be evidence prvided that the WSP and ATR have been subject fr cnsultatin with the recgnised trade unins and the WSP and ATR must be signed ff by the labur representative appinted by the recgnised unin unless an explanatin is prvided. The purpse f cnsultatin is that parties shuld engage in a thrugh and meaningful jint cnsensus- seeking prcess fr skills planning purpses.

12 Cnsultatin shuld cmmence as early as pssible in the prcess f preparing a wrkplace skills plan and annual training reprt and shuld fllw the SETA WSP Submissins Schedule The SETA will nt release the funding f WSP and ATR unless it is signed ff by rganised labur/emplyee representative in the particular wrkplace. In the event that the wrkplace is nt uninised, designated wrker representative/s must sign the WSP submissin fr apprval by the SETA. The SETA will develp prtcls guideline t ensure that the quality f the WSP-ATR prcess imprves the skills plans and ensures expeditius cnsideratin f such plans. Organised labur and emplyers will prvide supprt t mnitr the achievements f the SETA targets as per the Strategic Plan and Annual Perfrmance Plan. Cnsultatins shuld include The pprtunity t meet and reprt back t the Skills Develpment Cmmittee/ Training cmmittee; Reasnable pprtunity fr recgnised unin/emplyee representatives t meet with the emplyer; T request, receipt and cnsideratin f relevant infrmatin; and Determine the current emplyee skills and/r cmpetencies prfile by cnducting a skills analysis; Identify the gaps between current and required future skills prfiles and develp the skills pririties fr the entity; Align yur entity s skills pririties t sectr pririties. 6. Hw ften shuld cnsultatins take place? T ensure an infrmed and cnstructive cnsultatin prcess, structured regular meetings f the cnsultative frum r frums shuld be held at least quarterly t give feedback and discuss any matters.

13 7. What infrmatin shuld emplyers disclse? The disclsure f relevant infrmatin by emplyers is necessary fr meaningful cnsultatin t take place. Relevant infrmatin is infrmatin that is vital fr the successful develpment and implementatin f a wrkplace skills plan and fr the preparatin f an annual training reprt. 8. What if emplyee representatives refuse t participate in cnsultatins? Where emplyee representatives refuse t take part in a cnsultatin prcess, the emplyer shuld recrd the circumstances, in writing, including thse steps that the emplyer has taken t cmmunicate and initiate the cnsultatin prcess. A cpy f this dcument shuld be prvided t the SETA and t the emplyee representatives r trade unins cncerned. 9. What infrmatin must emplyers prvide t the SETA? In cmpleting the SETA s wrkplace skills plan/annual training reprt template, emplyers must prvide sufficient infrmatin regarding the prcess f cnsultatin fllwed. Emplyee representatives shuld sign cnfirmatin that they were cnsulted by the emplyer n the wrkplace skills plan and annual training reprt. 10. WSP-ATR Dispute Prcess 10.1 When can a dispute be ldged? Where emplyee representatives/ trade unin disputes the WSP-ATR submitted fr the belw reasns: Inadequate cnsultatin prcess in line with the agreed cmmittee terms f reference within any rganisatin Incrrect reprting by the rganisatin/s (the applicant t prvide evidence f such) Incrrect plan reprted t the SETA Any ther matter related t the Wrkplace Skills Plan and Annual Training Reprt

14 10.2 Wh can ldge a dispute? Any member f the skills develpment cmmittee/ training cmmittee r a representative f the rganised labur Dispute reslutin prcess The applicant will send a signed dispute letter t the SETA n later than 5 wrking days after the WSP ATR submissins deadline. The SETA will ntify the rganisatin cncerned in writing. In a case f lack f cnsultatin dispute: The SETA will request the rganisatin t engage the Skills Develpment Cmmittee/Training cmmittee including the applicant in gd faith t reslve the dispute. The respndent will be requested t revert back t the SETA with prgress made n cnsultatin prcess within 14 days. The respndent and applicant shuld cnvene a meeting t address issues raised by the applicant. Upn reslving the dispute, a jint letter signed by bth emplyer and applicant must be submitted t the SETA and a sign-ff WSP-ATR within 7 days f receipt f the letter. In a case where the dispute is mre than just the cnsultatin prcess, the applicant will fllw the belw SETA Mediatin Prcess SETA Mediatin Prcess: The mediatin prcess will be applicable immediately: Where the 14 days given t the respndent lapse withut reverting back t the SETA; Where the applicant raised issues abve the cnsultatin prcess f the rganisatin. When the abve Dispute Prcess is exhausted

15 Where bth parties d nt reach an agreement t reslve the query. Either party can apprach the SETA t mediate the dispute reslutin prcess. Bth parties shuld ensure that they agree n a meeting date, time and place. Bth Parties shuld submit evidence t their case t the SETA 5 days befre the mediated meeting date. SETA shall attend the meeting as a mediatr and t ffer guidance n this prcess. Based n the evidence delivered at the mediated meeting; the SETA shall make a recmmendatin n the WSP-ATRs. A reprt n the meeting reslutins shall be sent t the applicant and rganisatin fr nting, nly in cases where cnsensus is nt reached. SETA shall make a decisin n Apprving r Nt Apprving f the WSP-ATR based n the evidence prvided by bth parties in relatin t the WSP-ATR. (Only evidence submitted t the SETA befre mediated meeting shall be cnsidered).