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- Is commenced by Employment Services Act, 2014: Commencement
- Amends Skills Development Act, 1998
South Africa
Employment Services Act, 2014
Act 4 of 2014
- Published in Government Gazette 37539 on 7 April 2014
- Assented to on 3 April 2014
- There are multiple commencements
- [This is the version of this document from 7 April 2014.]
Provisions | Status |
---|---|
Chapter 1 (section 1–4); Chapter 2 (section 5–12); Chapter 3, section 14–19; Chapter 4 (section 20–30); Chapter 5 (section 31–41); Chapter 6 (section 42–47); Chapter 7 (section 48–54) | commenced on 9 August 2015 by Proclamation 33 of 2015. |
Chapter 3, section 13 | not yet commenced. |
Chapter 1
Interpretation, purposes and administration
1. Definitions
In this Act, unless the context otherwise indicates—"Basic Conditions of Employment Act" means the Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997);"Board" means the Employment Services Board established in terms of section 20;"Department" means the Department of Labour;"Director-General" means the Director-General of the Department;"employee" bears the same meaning as defined in section 1 of the Basic Conditions of Employment Act;"employment services" includes the provision of the following services:(a)Advising or counselling of workers on career choices, either by the provision of information or other approaches;(b)assessment of work seekers for—(i)entry or re-entry into the labour market; or(ii)education and training;(c)referring work seekers—(i)to employers to apply for vacancies; or(ii)to training providers for education and training;(d)assisting employers—(i)by providing recruitment and placement services;(ii)by advising employers on the availability of work seekers with skills that match their needs;(e)performing the functions of temporary employment services; and(f)any other prescribed employment service;"foreign national" means an individual who is not a South African citizen or does not have a permanent residence permit issued in terms of the Immigration Act;"Immigration Act" means the Immigration Act, 2002 (Act No. 13 of 2002);"Labour Relations Act" means the Labour Relations Act, 1995 (Act No. 66 of 1995);"Minister" means the Minister of Labour;"NEDLAC" means the National Economic, Development and Labour Council established by section 2 of the National Economic, Development and Labour Council Act, 1994 (Act No. 35 of 1994);"persons with disabilities" includes persons who have long-term physical, mental, intellectual or sensory impairment which, in interaction with various barriers, may hinder their full and effective participation in society on an equal basis with others;"prescribe" means prescribed by the Minister by regulation, and "prescribed" has a corresponding meaning;"private employment agency" means any person who provides employment services for gain;"public employment services" means the public employment services contemplated in section 5;"Public Finance Management Act" means the Public Finance Management Act, 1999 (Act No. 1 of 1999);"registrar" means the official designated as a registrar in terms of section 13;"Skills Development Act" means the Skills Development Act, 1998 (Act No. 97 of 1998);"Supported Employment Enterprises" means the national government component established in terms of section 42;"temporary employment services" bears the same meaning as defined in section 198 of the Labour Relations Act;"this Act" includes regulations;"Unemployment Insurance Act" means the Unemployment Insurance Act, 2001 (Act No. 63 of 2001);"work opportunity" means a vacancy or opportunity for employment or work experience, self-employment or community service;"work scheme" means any programme aimed at assisting people to find or remain in employment or to set themselves up in self-employment; and"work seeker" means any person who is looking for work.2. Purpose of Act
3. Interpretation
Any person applying this Act must interpret its provisions to give effect to—4. Administration of Act
Subject to the laws governing the public service, the Director-General must ensure that the Department—Chapter 2
Public employment services
5. Public employment services
6. Promotion of employment of youth and other vulnerable work seekers
7. Job retention
8. Employment of foreign nationals
9. Prohibited acts in respect of foreign nationals
An employer may not require or permit a foreign national—10. Reporting on vacancies and filling of positions
11. Employment information
The Department may develop and operate an employment information system for monitoring, evaluating, researching and analysing trends, which may include, but are not limited to, the following information:12. Financing of public employment services
Chapter 3
Private employment agencies
13. Registration of private employment agencies
14. Prohibited acts in respect of private employment agencies
A private employment agency may not—15. Charging of fees by private employment agencies
16. Retention of information by private employment agencies
17. Confidentiality of information collected
18. Cancellation of registration of private employment agency
19. Review of decision of registrar
Chapter 4
Employment Services Board
20. Establishment of Employment Services Board
The Employment Services Board is hereby established.21. Composition of Board
22. Functions of Board
The Board must advise the Minister on—23. Constitution of Board
24. Disqualification from membership of Board
A person may not be appointed as or remain a member of the Board, as the case may be, if that person—25. Resignation and removal from office
26. Dissolution of Board
27. Secretariat of Board
The Director-General must provide the necessary resources and secretariat to enable the Board to fulfil its functions.28. Remuneration and allowances
A member of the Board who is not in full-time employment of the State may be paid such remuneration and allowances as may be determined by the Minister, after consultation with the Minister of Finance.29. Finances
30. Reporting
Chapter 5
Productivity South Africa
31. Establishment of Productivity South Africa
32. Functions of Productivity South Africa
The functions of Productivity South Africa are—33. Establishment and composition of Board of Productivity South Africa
34. Constitution of Board of Productivity South Africa
35. Chief Executive Officer
36. Dissolution of Board
37. Disqualification from membership of Board
A person may not be appointed as or remain as a member of the Board, as the case may be, if that person—38. Resignation and removal from office
39. Remuneration of members of Board of Productivity South Africa
A member of the Board, who is not in the full-time employ of the State, may receive such remuneration and allowances as the Minister may determine, after consultation with the Minister of Finance.40. Finances of Productivity South Africa
Productivity South Africa is financed from—41. Reporting
Chapter 6
Promotion of supported work for persons with disabilities
42. Establishment of Supported Employment Enterprises
43. Functions of Supported Employment Enterprises
The functions of Supported Employment Enterprises are to—44. Appointment of head of Supported Employment Enterprises
The Minister must, in accordance with the Public Service Act, 1994 (Proclamation No. 103 of 1994), appoint a head of Supported Employment Enterprises, who is also the Chief Executive Officer and accounting officer of Supported Employment Enterprises.45. Powers and functions of head of Supported Employment Enterprises
46. Staff of Supported Employment Enterprises
The Minister may create the post structures necessary for the functioning of Supported Employment Enterprises, after consultation with the Minister of Finance.47. Finances of Supported Employment Enterprises
Supported Employment Enterprises are financed from—Chapter 7
General provisions
48. Jurisdiction of Labour Court
49. Monitoring and enforcement
50. Offences and penalties
51. Delegations
52. Regulations
53. Repeal of laws and transitional provisions
54. Short title and commencement
This Act is called the Employment Services Act, 2014, and comes into operation on a date determined by the President by proclamation in the Gazette.History of this document
09 August 2015
Commenced by
Employment Services Act, 2014: Commencement
07 April 2014 this version
03 April 2014
Assented to
Cited documents 10
Legislation 10
1. | Constitution of the Republic of South Africa, 1996 | 4595 citations |
2. | Promotion of Administrative Justice Act, 2000 | 2254 citations |
3. | Public Finance Management Act, 1999 | 2190 citations |
4. | Labour Relations Act, 1995 | 2087 citations |
5. | Companies Act, 2008 | 1842 citations |
6. | Compensation for Occupational Injuries and Diseases Act, 1993 | 681 citations |
7. | Basic Conditions of Employment Act, 1997 | 647 citations |
8. | Skills Development Act, 1998 | 597 citations |
9. | Immigration Act, 2002 | 287 citations |
10. | Unemployment Insurance Act, 2001 | 183 citations |
Documents citing this one 33
Gazette 30
Judgment 2
Legislation 1
1. | Basic Conditions of Employment Act, 1997 | 647 citations |