23 September 2009-Final

Training Layoff Training Layoff SchemeScheme

CCMA PROCESS

CCMA KEY ROLES

• Recommend participation in Training Layoff scheme

• Facilitate consultation and finalization of a Training Layoff Agreement

• Monitor and report on Training Layoff agreements and the impact on the CCMA

KEY ASPECTS OF CCMA PROCESS

• Receive request for participation in the Training Layoff scheme

• Evaluate eligibility of parties to participate in the Training Layoff scheme

• Make a recommendation in the form of an Advisory Award to the DoL Committee

• Facilitate process to conclude the Training Layoff Agreement

• Peruse Training Layoff Agreement to check compliance with requirements

• Deliver Agreement and supporting documentation to the DoL Committee

CCMA OVERALL PROCESS FLOW

TL REQUEST STAGE

EVALUATION STAGE

FACILITATION STAGE

PERUSAL STAGE

ADVISORY AWARD(Recommendation)

TRAINING LAYOFF AGREEMENT

TRAINING LAYOFF AGREEMENT(Compliance

checked)

TL REQUEST DOCUMENTS

SOURCE OF TRAINING LAYOFF • Scenario 1

The Training Layoff arises from a CCMA process dealing with operational requirements matters in terms of s189A facilitation or a s189 (s135) conciliation; as a result of a Process Agreement concluded between the parties

• Scenario 2The Training Layoff arises from a Request to Participate form in terms of s150 received from a party / parties in the labour market not involved in a CCMA process; following consent of both parties

• Scenario 3The Training Layoff arises from a Training Layoff Agreement concluded by parties in the labour market not involved in a CCMA process & where a Request to Participate form in terms of s150 has been completed

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PROCESS FLOW: Scenario 1

Process Agreement

CCMA ProcessOperational

requirements matters s189A, s135

Advisory Committee

evaluates eligibility

Facilitation to conclude Training Layoff Agreement(if recommended)

Training Layoff Agreement

Training Layoff Agreement perused for compliance

Training Layoff Agreement

(Compliance checked)

Advisory Award

Delivered to DoL Committee and

SETA with Process Agreement

If participation in Scheme is not recommended, Process Agreement and Advisory Award will be delivered to DoL Committee who will advise parties. Training Layoff process will cease and the provisions of the Process Agreement will apply in respect of the original process.

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PROCESS FLOW: Scenario 2Request to

Participate in TL Scheme Form

(s150)

Advisory Committee

evaluates eligibility

Facilitation to conclude Training Layoff Agreement(if recommended)

Training Layoff Agreement

Training Layoff Agreement perused for compliance

Training Layoff Agreement

(Compliance checked)

Advisory Award

If request to participate in Scheme is not recommended, Request to Participate form and Advisory Award will be delivered to DoL Committee who will advise parties.

Delivered to DoL Committee and

SETA with Request to

Participate Form

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PROCESS FLOW: Scenario 3Request to

Participate in TL Scheme Form

(s150)

Advisory Committee

evaluates eligibility

Training Layoff Agreement perused for compliance

Training Layoff Agreement

(Compliance checked)

Advisory Award

If request to participate in Scheme is not recommended, Request to Participate form, Training Layoff Agreement and Advisory Award will be delivered to DoL Committee who will advise parties.

Training layoff agreement

Facilitation to conclude compliant

Training Layoff Agreement

Delivered to DoL Committee and

SETA with Request to

Participate Form

ADMINISTRATIVE ARRANGEMENTS

• Process Agreements and Requests to Participate Forms will be received at all regional offices

• A dedicated Case Management person to handle documents from start to finish

• Case captured on CMS, issue: Training Layoff• Process Agreements and Requests to Participate

Forms forwarded to National Office • Process scheduled in region as required, if

recommended• Case closed on CMS in RegionThe above must be read in conjunction with the SOP on Dealing with

Training Layoff Applications

CMS WORKFLOW

Not recommended

Close Case on CMS

MONITORING & REPORTING

• Number of companies signing Training Layoff agreements– From CCMA processes– From Labour market

• Training Layoff Agreements by Sector• Training Layoff Agreements by SETA• Number of workers in Training Layoffs• Training Layoff Agreements by size of the

company’s total workforce