NATIONAL COUNCIL OF PROVINCES
INTERNAL QUESTION PAPER
QUESTIONS FOR WRITTEN REPLY
29 NOVEMBER 2010
382. Mr T E Chaane (ANC âNW) to ask the Minister of Public Service and
Administration:
(1). whether the Government has signed minimum agreements on essential
services with the unions; if not; why not; if so, what are the
relevant details;
(2). whether the Government is intends taking any disciplinary action
against any of its employees who behaved in a manner that is
detrimental to government institutions whilst on strike; if not, why
not; if so, what action;
(3). whether the government has signed any picketing and striking rules
with the unions prior to the commencement of the strike as provided
for in the labour Relations Act, Act 66of 1995; if not, why not; if
so, what are the relevant details;
(4). Whether the Government will consider entering into multi-year wage
agreement with the unions in the future and align this with the Medium
Term Expenditure Framework period to allow for stability in the
countryâs economy; if not ,(a) what are the constrains and (b) how
will the Government overcome these constrains; if so, what are the
relevant details?
CW482E
REPLY:
1. In Resolution 4 of 2010 parties at the PSCBC has agreed to approach
the Essential Services committee to investigate and make
recommendations on:
a. Minimum service agreements for the public service applicable across
relevant sectors.
b. Review the current essential services/designations declarations within
the public service and occupations within those
designations/declarations to determine whether or not such services
should be deemed essential service.
The essential services committee was approached by the PSCBC to do this
work and PSCBC is still awaiting response from the committee.
(2) It is the responsibility of the employer to discipline any employee
who misconducted him/herself during the recent strike action and the
Government is committed to do so, in line with public service
disciplinary code, however it should be pointed out that in Resolution
4 of 2010 parties have agreed as follows:
Employees who participated in the strike and committed any misconduct
during the strike will be subjected to the applicable disciplinary
procedure and any sanction may apply excluding the sanction for
dismissal. For purposes of this clause such misconduct shall exclude
mere participation in the strike by essential services employees. (See
Addendum to Resolution 4 of 2010 clause 1.2)
(3) It was further agreed that parties will observe the Code of Good
Practice provided for in the Labour Relations Act, Act 66 of 1995 when
embarking on industrial action.
(4) The current employer proposal for the next round of salary
negotiations is based on multi-year principle. It is also in line with
clause 7.1 of Resolution 4 of 2010, which parties agreed to re-align
salary negotiations with the government budgetary process.
.