29 February 2012 Main Topic 7 Day establishment And Occupation specific Dispensation various Occupational Categories

29 February 2012

Main Topic

7 Day establishment

And Occupation specific Dispensation various Occupational Categories

2Document ref number

Highly Confidential

Content

1) Purpose

2) Background

3) View Points (Organised Labour and the Department);

4) Negotiations

5) Estimated Financial Implications of Organised Labour’s

Overtime Claim

6) Interim Shift Models

7) Estimated Staffing needs

8) Way Forward

Status Report : 7 Day Establishment


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Purpose

1) To give an overview of the negotiations with Organised

Labour on the implementation of a mutual agreeable

shift models in the 7 day Establishment;

2) Unavailability of the signed averaging agreement

(Organised Labour and Department); and

3) Recognized Organized Labour’s claim on backdated

overtime.



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Background

• The engagement between recognized Organised Labour and the Department as was embedded in the Court order of 11

February 2011, (J2011/208) is still in place and no changes

may be made to any shift model currently in operation until the Department and the Organised Labour have agreed on a shift model/s to be implemented;

• Organised Labour is claiming overtime for the weeks where employees worked more than 45 Hours per week and do not accept that the models work on 90 Hours in 14 days. In this instance, employees who worked more than 45 Hours in the first week but less than 45 Hours in the second week would not have worked the required 90 hours as stipulated in the Basic Conditions of Employment Act of 1997 (BCEA) and GPSSBC Resolution 2 of 2009-clause 17.



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View Points(Organised Labour and the Department)

• This backdated overtime claim of Organised Labour is the major stumbling block in progress to reach an agreement on the proposed shift models for future use;

• Organised Labour is stressing the point that an averaging agreement, as is stated in the BCEA, where the working hours can be averaged over a period of time does not exist;

• The Department is of the opinion that an averaging agreement is not necessary because the implementation of the current shift models was a joint venture between the Department and Organised Labour in 2009 and Organised Labour was part of the Implementation Task Teams that went through the country in 2009 to explain, answer questions and motivate to implement the new shift models.



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Continue…

The Department’s other view is that the implementation of 7 Day Establishment could not be implemented within 7 days but within 14 days cycle or more.

In taking into account the implementation of the 7 Day Establishment , consideration should be given to the specific needs of the Department- GPSSBC Resolution 2 of 2009, clause 13.3.


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• The Department and Organised Labour have however reached an in principle agreement on a number of matters during the negotiations. None of these can however be implemented before the backdated overtime claim of Organised Labour is addressed.



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Financial Estimations of Overtime Claim of

Organized Labour

• In the event that the Court orders the Department to pay, it is estimated that it will cost the Department R 1.3 billion dating back from 1 July 2009 to date. This figure grows at an estimated R 45 Million per month.

• The summary of the ideal shift models and the category of employees using the different shift models are displayed in the following slides:



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Ideal Shift Models (ISM)

Ideal shift model (ISM)

• The ISM in the Department of Correctional Services shall be based on a 45 hour work week for Centre Based Correctional Officials and 40 hour work week for Non-Centre Based Correctional Officials whereby employees rest or are off duty for at least 36 hours a week and for at least 12 hours a day.


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For Centre Based Correctional Officials

5 X 2- In this shift model, an employee is expected to perform work for 45 hours a week. In this regard, a week is any seven [07] day period commencing on any day.

In speeding up the above Ideal Shift model and as part of phasing out the current shift systems, all Correctional Centres that have at least 90% personnel and more [warm bodies] shall immediately convert to the above Ideal Shift Model.


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Illustration of Interim and Ideal Shift Model

• 2/3/2 Shift Pattern

• Employees will work 12 Hour Shifts starting from 06:00 in the morning to 18:00 in the evening and from 18:00 in the evening to 06:00 in the morning


1 2 3 4 5 6 7 8 9 10 11 12 13 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1 2 3

January 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31Thu Fri Sat Sun Mon Tue Wed Thu Fri Sat Sun Mon Tue Wed Thu Fri Sat Sun Mon Tue Wed Thu Fri Sat Sun Mon Tue Wed Thu Fri Sat

Division A O O W W W O O W W O O W W W O O W W W O O W W O O W W W O O WDivision B W W O O W W W O O W W W O O W W O O W W W O O W W W O O W W O

90 Hours 90 Hours


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Illustration of Interim and Ideal Shift Models

• 5/2 Shift Model

• Employees will work 45 Hours per 7 Days and will only work Mondays to Fridays. These are for components that are Centre Based, but their services are not needed during weekends. e.g. the Case Management Committee and others.


1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa Su Mo Tu WeW W W W Off Off W W W W W Off Off W W W W W Off Off W W W W W Off Off W W W WOff W W W W W Off Off Off W W W W Off Off W W W W W Off Off W W W W W Off Off W W

Aug-11


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Estimated Staffing needs

• The Department and Organised Labour agreed that a thorough post establishment investigation is necessary to determine the staffing needs of the Department.

• It is however estimated that the Department needs 18 430 additional posts at an estimated cost of R4.8 billion to implement the 12 x 2 and 5 x 2 shift models fully. The figures and estimated costs are summarised in the table below:

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Salary levels Number of posts Salary Averages TotalsCB1-1 tot CB 1-3 16616 R 249,089.22 R 4,138,866,479.52CB 4 1318 R 393,138.11 R 518,335,142.70CB 5 330 R 447,681.01 R 147,931,712.94CB 6 165 R 559,020.00 R 92,361,284.40Totals 18430 R 4,897,494,619.57


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Way Forward

• An agreement with Organised Labour is critical before the Department can implement the interim and ideal shift models;

• There is a need to consider appointing senior labour law specialist to arbitrate on the matter of backdated overtime claim; and

• In the event of Court order granted against the Department, this will require compliance.

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B:OCCUPATION SPECIFIC DISPENSATION (OSD) VARIOUS CATEGORIES

CONTENT

1) Introduction

2) Status Report on OSD implementation

3) Challenges

4) Way forward


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Introduction

The Department has implemented nine (09) different Occupational Specific Dispensations.

These occupational categories will enhance the implementation of the White Paper on Corrections with specific reference to offender rehabilitation and community reintegration.

Although part of the rationale for the implementation of the OSD in the public service was to mitigate against the vacancy rate, the department continues to experience high vacancy rates. This vacancy could be attributed to increased demands vs limited supply of these categories. Furthermore, the demands posed Correctional Centre environment could be a contributing factor.


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Status Report on OSD Implementation

The DCS has finalised the implementation of the 10 “specialised” OSD’s (Artisans, Engineers, Nurses, Social Workers, Pharmacists, Psychologists, Educationists; Medical officers and Legal Officers) which are relevant within the DCS environment. The OSD implementation of the Environmental Practitioners is at an advanced stage.

These OSDs are characterised by occupation unique salary scales which resulted in improved basic salary packages and career pathing opportunities that are applicable to all Public Service Departments.

As envisaged by the PSCBC Resolution 1 of 2007 that introduced the concept of the OSDs in the General Public Service, effective implementation and management of these dispensations will contribute towards recruitment and retention of the professionals required to provide specialised rehabilitation, psychological, health, vocational and education interventions and services to inmates.


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Approved OSD post establishment and vacancy rate at January 2012

The following table illustrates the number of posts per OSD

occupational category and their vacancy rate:Post Designation Filled Vacant

Medical Doctors 12 3

Educationists 386 156

Pharmacists 34 22

Nurses 893 252

Psychologists 63 50

Social Workers 508 280

Engineers 04 28

Artisans 149 224

Legal Administration Officers 26 14

Environmental Officers 2 0


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Challenges associated with the OSD Implementation

The translation of bursary holders e.g. social workers is somewhat impacted by the OSD as their notches are lower than the notches they are on. However, this does not apply in so far as psychologists are concerned as their OSD notches are favourable when translations are considered

The OSD for artisan implementation was correctly done but has impacted on their security functioning in that they are now focussing only on performing artisan duties as opposed to dual functioning

There is a group of artisans which is still to be translated in to the OSD artisans as they were erroneously translated to the OSD for Correctional officials. However, the correct translation is subject to the outcome of the arbitration.

The post establishment was not properly aligned to the organisational structure and PERSAL prior to the implementation of the OSD hence the challenge of supervisory positions not being considered for translation purposes.


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Challenges associated with the OSD Implementation

In almost all the OSDs the issue of supervisory translations has been problematic in that the positions need to be created and funded before any one could occupy them.

The resolution for educators (ELRC) has always excluded DCS educators and the extension of the resolution to cater for DCS educators has brought about challenges linked to standards and norms of Educators applicable to DCS.


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Way Forward

Policy on bursaries must be amended to accommodate issues of translation and appointment requirements

The outcome of the arbitration will enable the finalization of the artisan translations

The alignment of the post establishment with all the OSD resolutions and PERSAL will assist in the post classifications and better management of HR

Creation of supervisory posts as per the OSD resolutions must be created and funded speedily.

The extension of the ELRC resolution to DCS educators needs to be approved by DPSA to ensure alignment of educators within public service with DCS included.

Management needs to supplement effective recruitment strategies, creation and maintenance of working environments that are conducive to the optimal utilization of these professionals.

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29 February 2012 Main Topic 7 Day establishment And Occupation specific Dispensation various Occupational Categories