Labour Relations Act, 1995 (Act No. 66 of 1995)Labour Market and Human Resource Development for Job Creation Social Plan5. Social Plan Technical Support Facility (SPTSF) |
| 1) | The Terms of Reference for the SPTSF. |
| 2) | It is agreed that the Productivity Advisory Council will be renamed as the Social Plan and Productivity Advisory Council (SPPAC). |
| 3) | he Department of Labour will establish a Social Plan Technical Support Facility (SPTSF), under the auspices of the SPPAC. |
| 4) | In consultation with the SPPAC and after approval by the Minister, the SPTSF shall publish the rules of operation and the criteria for assistance which will be based on the principles of the Social Plan framework. |
| 5) | Future forums may agree to approach the proposed SPTSF for technical assistance in the careful analysis of problems and solutions facing the sector or enterprise. |
| 6) | Subject to the agreed criteria and availability of resources, the SPTSF may provide or commission the expertise necessary to provide technical or advisory services to the parties as required. Resources available at the National Productivity Institute (NPI) will also be accessed where appropriate, and the NPI will be used to give infrastructure assistance to the SPTSF. The terms of reference would need to be agreed with the parties. |
| 7) | The implementation of proposals arising from the SPTSF process would need to be agreed to by the employer and worker parties affected. |
| 8) | The SPTSF process will operate within the requirements of the law dealing with fair retrenchment procedures. |
| 9) | Functions of the SPTSF |
| 10) | Services available to all companies and unions: |
| a) | The SPTSF will provide a 'one stop shop' through which companies and unions can access information about government assistance programmes. |
| b) | The SPTSF will develop a register of technical experts that may assist the parties where jointly requested in an analysis of problems and an identification of possible solutions. |
| 11) | Services available to "troubled" sectors or industries: |
| a) | The Social Plan will prioritise sectors or industries that are in decline, and resources will be targeted at providing meaningful assistance to troubled sectors or industries. |
| b) | To be defined as a "troubled" sector or industry both representative unions and employers should jointly apply to the Productivity and Social Plan Advisory Council, which will be tasked with prioritising sectors or industries for social plan services. |
| c) | The SPTSF will meet with sectors or industries prioritised as above, to agree on a programme to identify and/or address the problems. The SPTSF will provide or access the following standard services: |
| i) | An in-depth sectoral or industry study to analyse the underlying reasons for the threat and to recommend proposed solutions. All employers and unions in the sector can request a copy of the study. |
| ii) | The SPTSF will facilitate access to government assistance programmes for the implementation of agreed solutions where jointly requested by the parties. |
| d) | In addition, the SPTSF will provide or secure the following additional services on a shared cost basis: |
| i) | Desk studies for individual companies within the sector, where jointly requested to analyse the problem and identify possible solutions. |
| ii) | Where the desk study indicates that the prognosis for saving jobs is good, the SPTSF will develop more in-depth proposals in this regard when jointly requested. |
| 12) | Services available to companies outside the "troubled sectors" |
| a) | It is recognised that companies outside of the prioritised sectors may face large scale job loss. A limited facility is therefore made available to address such situations. |
| b) | In such situations the company represented by management and the representative union/employees would apply to the Social Plan and Productivity Advisory Council or its delegated authority for assistance when faced with large-scale retrenchments. |
| c) | The SPTSF would provide or secure the following services, on a shared cost basis, to successful applicants: |
| i) | Desk studies to analyse the problem and identify possible solutions where requested by unions and employers, jointly. |
| ii) | Where the desk study indicates that the prognosis for saving jobs is good, the SPTSF will develop more in-depth proposals in this regard where jointly requested; |
| iii) | The SPTSF will facilitate access to government assistance programmes for the implementation of agreed solutions where jointly requested. |
| 13) | Notwithstanding clauses 5.2.2 and 5.2.3, the parties are free to seek alternative remedies. |