Main Topic

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Main Topic

• 7 Day establishment
• And Occupation specific Dispensation various
  Occupational Categories

29 February 2012
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Status Report 7 Day Establishment

• Content
• Purpose
• Background
• View Points (Organised Labour and the
  Department)
• Negotiations
• Estimated Financial Implications of Organised
  Labours Overtime Claim
• Interim Shift Models
• Estimated Staffing needs
• Way Forward

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Status Report 7 Day Establishment

• Purpose
• To give an overview of the negotiations with
  Organised Labour on the implementation of a
  mutual agreeable shift models in the 7 day
  Establishment
• Unavailability of the signed averaging agreement
  (Organised Labour and Department) and
• Recognized Organized Labours claim on backdated
  overtime.

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Status Report 7 Day Establishment

• 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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Status Report 7 Day Establishment

• 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 Departments 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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Status Report 7 Day Establishment

• 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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Status Report 7 Day Establishment

• 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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Status Report 7 Day Establishment

• Illustration of Interim and Ideal Shift Model
• 2/3/2 Shift Pattern
• Employees will work 12 Hour Shifts starting from
  0600 in the morning to 1800 in the evening and
  from 1800 in the evening to 0600 in the morning

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Status Report 7 Day Establishment

• 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.

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Status Report 7 Day Establishment

• 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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Status Report 7 Day Establishment

• .

• 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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BOCCUPATION 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 OSDs (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.