na va labour Department: Labour REPUBLIC OF SOUTH AFRICA Recruitment and Selection PolicyTABLE OF CONTENTS Contents Page 1. Regulatory Framework and Mandate 3 2. Introduction 3 3. Definitions and Abbreviations 4-6 4. Purpose and Objectives 7 5. Scope of Application 7 6. Policy Principles 7-8 6.1. Advertising and filling of vacancies 8-10 6.2 —Head-hunting 10 6.3. Selection process 1" 6.3.1 Shortlisting process 4 6.3.2 Setting of Pool of Candidates for SR1-8 1 63.2 Selection Committee 12 6.3.3. Interviewing process 13, 6.4 — Recommendation/Approval 13-14 6.5 Granting of higher salary notches 14 7. Role players and stakeholders 14 7.1 Roles and responsi 14 7.4.4 Role of LEECF 1445 7.1.2. Role of HRM 15 7.1.3. Role of Organised Labour 15 7.2 Delegations 15 Recruitment and Selection Policy10. "1 Controls 8.1 Monitoring 82 Reporting 83 Evaluation Compliance and Noncompliance Code of Conduct Approval Annexure (Relevant procedures) 4. Recruitment and Selection Guidelines 2. Recruitment and Selection Standard Operating Procedure Recruitment and Selection Policy 16 16 16 16 16 16 17 18(b) () (d) (e) () (9) 12 (a) (b) (co) (d) (e) () 3. va REGULATORY FRAMEWORK AND MANDATE Regulatory framework Constitution of the Republic of South Africa, 1996 (Act No 108 of 1996) Public Service Act, 1994 (as amended) Public Servite Regulalivirs, 2016 Employment Equity Act, 1998 (Act No 55 of 1998) Labour Relations Act, 1995 (Act No 66 of 1995) Basic Conditions of Employment Act,1997 (Act No 75 of 1997) Skills Development Act (Act No 97 of 1998) Normative References Transfer Policy Standard Operation Procedure on Recruitment and Selection Guideline documents on Recruitment and Selection Performance Management Policy Directive on the Implementation of the Compulsory Induction Programme in the Publ Service Department of Public Service and Administration Directives Introduction The Department of Labour will strive for a labour market which is conducive investment, economic growth, employment creation and decent work. To this end it important that the Department of Labour has motivated and productive employees. Recruitment and Selection Policy The recruitment process is the key enabler to ensure that the Department attracts th best calibre of employees with requisite competencies. The recruitment and selectic policy provides guidelines and directives that should be adhered to when sourcin selecting and placing employees in the Department. Definitions and abbreviations Recruitment and Selection Policytlt ve td For the purpose of this policy, the following definitions shall be applicable: (a) Casual Employee (b) cP (©) Contract Employee (d) Critical Skills (e) Department © DPSA (a) Employee (hy ESSA “) Funds ) HRO (K) HQ () Inherent requirements of a job (m) Job Recruitment and Selection Policy Means a person employed on a day to day basi: who is paid a daily wage and who does not worl more than 24 hours a month. Compulsory Induction Programme in the Public Service Means a person employed for a fixed term, bu excluding a casual employee or an employee t whom a retirement age applies. Refers to operational or generic abilities needer within existing occupations that are required or to}, up skills required to fill a skills gap to enabl employees to competently perform the task: associated with such occupations. Means the Department of Labour. Department of Public Service and Administration Means any person other than an independen contractor who- a. works for another person or for the State and who receives, or is entitled t receive, any remuneration; and b. in any manner assists in carrying on o conducting the business of an employer. Employment Services System of South Africa the Fund Unemployment Insurance Fund Means. Compensation and the Human Resources Operations Head Office of the Department of Labour Means competencies that, according to evidence an employee needs in order to carry out a job. the duties, tasks, functions Means basic competency requirements and responsibilitie: lo.(n) (0) (p) (a) @ (s) (0 (u) (v) (w) lls LEECF Level MSS NEECF Post Probation Salary Range (SR) Scarce Skills SMS Suitably qualified candidate and Recruitment and Selection Policy sis according to which one or more posts of the sam« grade are established. Local Employment Equity Consultative Forum Means salary range or grade Management Support Services National Employment Equity Consultative Forum Means a post on the establishment for whicl financial provision exists. Means the period of time during which the Department can assess a newly appointer employees suitability before confirming his/ he appointment on a more permanent basis, and similarly to enable the employee to evaluate his her position and suitability in the Department. Means a set of salaries that form a part of a salar scale linked to a specific grade and, by extension a set of job weights. Refers to those occupations in which there i scarcity of qualified and experienced people currently or anticipate in the future, eithe (a) because such skilled people are not available 0 (b) they are available but do not meet employmen criteria. This scarcity can arise from one or : combination of relative or absolute scarcity. Senior Management Service Means a person contemplated in sections 20( (4) of the Employment Equity Act / OR Means a person with any one of, or any combination of the following: (a) Formal qualifications; (b) Prior learning; (c) Relevant experience; or tl.it Recruitment and Selection Policy (d) Capacity to acquire, within a reasonable tim the ability to do the job. And When determining whether a person is suitab qualified, an employer must- (a) Review all the factors listed above; and (b) Determine whether that person has the ability do the job in terms of any one of, or ar combination of those factors.(c) (a) (e) 51 5.2 (a) (b) (0) (d) Purpose and objectives The purpose of the policy is to: establish a fair and transparent process of recruitment, selection and promotion; establish an objective criterion for selection and promotion, based on the inhere requirements of the post which promotes employment equity and skills development objectively evaluate the employee's suitability for a post in the department; support the selection and retention of employees who have a broad competency bas and those who have potential to create and expand their competency base; Provide a structured framework for advertising of vacant or new positions, th invitation of applications, the shortlisting, interviewing and selection processes at appointment decisions. ‘Scope of Application The provisions and conditions of this policy are applicable to all employees of th Department of Labour as well as prospective candidates for vacant posts. For matters not addressed in this policy with regard to the SMS levels, they shall t dealt with in accordance with the SMS Handbook. Policy Principles Recruitment and selection practices shall be free of unfair discrimination, wheth direct or indirect, on all listed grounds, including but not limited to race, marital statu religion or creed, age, HIV status, culture, pregnancy, language, sexual orientatio colour, ethnicity or social origin and disability. The Department of Labour shall implement affirmative action measures for peop from designated groups to ensure that they have equal employment opportunities ar are equitable represented in the Department. The selection criteria shall be based on the inherent requirements of the job in ord to find a suitably qualified candidate. The most suitably qualified candidate shall t selected from the pool of candidates who meet the minimum requirements of the jc and has demonstrated potential. Selected candidates will be supported by ski development and career management programs. Foreign nationals shall be considered for employment only where such talent ar competencies are not readily available in the Southern African Labour Market. Priori Recruitment and Selection Policy(e) (9) (h) (i) 61 614 voi ll will be given to South African citizens. The appointment of members of Senior Management Services (SMS) shall be accordance with section 15 and 16 of the Public Service Act, 1994, as amended ar the SMS Handbook as published and amended by the DPSA. New employees shall be appointed on a permanent, fixed term contract either fi time or part time. Fixed term contract appointments shall be for duration of a speci project. Where it is deemed necessary to extend the contract a motivation must t submitted to the delegated authority. Casual employees may be appointed on a dé to day basis or be paid a daily wage and must be for a period not exceeding 24 hou a month. No person under the age of 16 years or above 65 years shall be appointed in a pot In exceptional cases the appointment of a person who is above 65 years will on receive consideration by the delegated authority in terms of HR delegations. The disclosure of the health status of the new employee shall only be required if it an inherent requirement of the job and where legislation permits or requires testin HIV & AIDS testing without consent is unlawful, unless authorization is received fro the Labour Court. Where HIV & AIDS testing is legally executed, pre and post te counselling will be made available. Employment in the Department shall be subject to reference checks, qualificatic verification, security screening and/or other vetting processes where appropria before appointment. Advertising and Filling of Vacancies Prior to advertising of any vacancy on Salary Levels 1-12, consideration must t given to employees who have applied for transfer. Transfers initiated by employer shall be dealt with in accordance with the provisions of the Transfer Policy. All vacancies will be advertised for a period of two weeks on ESSA, internally and/ externally in line with the Recruitment and Selection Guidelines and Standa Operations Procedures for Recruitment and Selection. Posts for internships, SR 8 and below will be advertised simultaneously throuc Employment Services System of South Africa and internally through exchanc postmaster and Public Service Vacancy Circular. However, in the event that suitab candidates cannot be obtained, the post(s) will be advertised externally in line wi Recruitment and Selection Policy 4val sol the recruitment and selection guidelines. 6.1.4 Posts at SR 9 to 16 shall be advertised by Head Office (CF, UIF & HQ) externally electronic and print media; the Public Service Vacancy Circular and internally reach and increase the pool of potential applicants, especially persons who hav been historically disadvantaged. The cost implications will be taken into accou when selecting a newspaper. 6.1.5 All adverts shall indicate that the successful candidate will be expected to sign performance agreement. It shall also indicate that applicants who do not receive at feedback within 8 weeks afer the closing date, the application shall be assumed have been unsuccessful 6.1.6 Furthermore, the following must be included in the advert: All shortlisted candidat: for SMS posts will be subjected to a technical exercise that intends to test releva technical elements of the job, the logistics of which will be communicated by tt department, Following the interview and technical exercise, the selection panel w recommend candidates to attend a generic managerial competency assessment ( compliance with the DPSA Directive on the implementation of competency bast assessments). The competency assessment will be testing generic manageri competencies using the mandated DPSA SMS competency assessment tool 6.1.7 No unfair discriminatory phrases shall be used in advertisements. The language ar style of the advert shall be clear and simple and aimed at attracting candidates fro all sections of the target group, particularly those whom the Department wishes attract in order to achieve employment equity goals. 6.1.8 The advertisement shall specify the number of posts vacant and the requiremen (eg. qualification required or NOF level, experience, learning indicators, knowledg skills and competencies) and the key responsibilities of the post in terms of tr inherent requirements of the job. 6.1.9 The advertisement shall communicate the Department's commitment to employme equity and that applicants from designated groups are encouraged to apply. 6.1.10 Responses to advertised posts shall be forwarded to the relevant Labo Cenire/Provincial Office/Unemployment Insurance Fund/Compensation Fund ar Chief Directorate: Human Resources Management for posts in Head Office purposes of capturing and shortlisting. Recruitment and Selection Policy6.4.14 6.2 6.2.1 6.2.1.4 6.2.1.2 6.2.1.3 6.2.1.4 6.21.5 6.21.6 6.2.1.7 6.3 6.3.1 6.3.1.1 Vacant funded post shall be advertised and filled within the periods determined fro time to time by the Department of Public Service and Administration. Headhunting This individually based method of recruitment will be used to seek and identi suitable candidates for positions where there is extreme difficulty in recruiting suitab qualified candidates, however this process may be undertaken as a last resort aft the normal recruitment and selection processes has been exhausted and shall t approved by the Director-General as well as under the following circumstances:~ Headhunted candidates shall be subjected to interviews, pre-employment screenir and verification of qualifications, Headhunting through referrals and other relevant sources may be used to identi Possible candidates where skills are scarce and critical or could not be attracted aft the labour market has been tested. This method could be used in conjunction with the re-advertising of vacancies, i.e. < earmarked candidate should be requested to apply for the advertised position ar where after the normal processes will apply. Favouritism, Nepotism and Cronyism should at all times be prevented. The Director: Human Resources Management may approach the releva professional organisations/institutions within the sector utilising _ publishe advertisements. At least two or three candidates who meet the inherent requirements should t headhunted and subjected to the same evaluation criteria and interview process « those who applied for advertised posts. The headhunting process should always be underpinned by the recruitment ar selection principles of faimess, transparency and equitable representation. Selection Process Shortlisting Process Shortlisting entails the identification of a specific set of criteria, the drawing of shortlist and obtaining of approval for the outcome of the process. The followir shortlisting steps shall be used: Recruitment and Selection Policy |bShortlisting criteria must be in line with the job content and job requirements « stipulated in the advert. EE profile should be considered. However, it should not t used as the 1st criteria when shortlisting. The elimination of candidates must be done in a justifiable manner and the reaso1 must be documented 6.3.1.1.3 Shortlisting may only be conducted on the basis of the information provided in th applicant's form and CV of a candidate. 6.3.1.1.4 A maximum of seven (7) and minimum of three (3) candidates may be shortlisted p post. Only in exceptional cases should 2 candidates be shortlisted and this must f approved by the delegated authority on a level higher than the one who wou ordinarily approve the appointment at that specific level. Setting of a Pool of Candidates for SR 1-8 Posts (To get more clarity) Consideration may be given when shortlisting to reserve at least a maximum of ¢ applications to be utilised as the pool of potential employees, following post beir advertised and if the period is not more than 6 months from the date of advertiseme to fill any other vacancy if The job title, core functions, inherent requirements of the job and the salary level the vacancy is the same as the advertised post; 6.3.2.1.2 The Employment Equity plan (EE Profile) is not compromised; and 6.3.2.1.3 All selection processes are adhered to. (Panel members can use the pool candidates identified as suitable to re-shortlist) 6.3.3 Selection Committee 6.3.3.1 — The selection committee of both shortlisting and interview processes should as far < possible avoid conflict of interest. In doing so the following principles must t followed: 6.3.3.1.1 Disclose the relationship with applicants to other pane! members before the start the process. 6.3.3.1.2 The Chairperson must recuse the member or the member can recuse him/herself Recruitment and Selection Policy 0bt ante the member's relationship with the applicant is of a personal nature and w compromise his/her objectivity and fairness 6.3.3.1.3 A panellist who is mentioned as the applicant's referee may continue to serve as panel member unless the relationship is personal and that will compromise his/h objectivity or faimess. 6.3.3.1.4 The selection committee of both shortlisting and interview shall consist of at lea three members who are employees on a grading at least one higher than the gradi of the post to be filled. In addition, the panel shall be representative in terms of rac and gender and be chosen for their expertise, knowledge of the function ar responsibilities of the post (subject matter experts) 6.3.3.1.5 The Chairperson must be at least 2 grades higher than the post to be filled. exceptional cases only one of the three members can be of the same grading as tt post to be filled. 6.3.3.1.6 The panel for shortlisting must as far as possible be the same as the interviewit panel for continuity and quality purposes. 6.3.3.1.7 Human Resources officials/MSS officials of a grading which is lower than the gradir of the posts to be filled may provide secretarial or advisory services during tr selection process, but shall not form part of the selection committee. 6.3.3.1.8 One official representing organised labour shall serve as an observer and one E representative shall advise on the numeric targets, however, the non-attendance such delegates shall not invalidate the process, provided that they have been invite (HR secretariat will advise on the EE only in the absence of the EE rep). 6.3.4 Interviewing Process 6.3.4.1 The interview atmosphere must be free from a patronizing approach and intimidatior 6.3.4.2 No discriminatory questions may be asked and the principles of the Labour Relatior Act, 1995, Employment Equity Act, 1998 and the Constitution must be adhered to ar interview questions shall be relevant to the post as advertised. 6.3.4.3 The interviewing panel may consider alternative interviewing arrangements f candidate(s) who made prior arrangements regarding their unavailability for th Recruitment and Selection Policy I6.3.4.4 6.3.4.5 6.3.4.6 6.3.4.7 63.4.8 6.4 6.4.1 6.4.2 6.43 6.4.4 64.5 6.4.6 6.5 stl scheduled interview within two (2) weeks following the original date of interview. All shortlisted candidates for SMS posts will be subjected to a technical exercise th tends to test the relevant technical elements of the job. The Chairperson has the right to take a decision in the event where the panel unable to reach consensus, which should be in the interest of the Department. Th should then be minuted as such. Minutes of the interview indicating a general discussion, the strengths/weaknesses all interviewed candidates, including LEECF and Union representative reports sh: be retained to justify decisions. The Chairperson to submit motivation for deviation on EE profile to the delegate authority. The component where the post has been advertised shall bear the cost for transpc and subsistence allowance (if any) Recommendation/Approval All recommendations together with draft letters of appointment/promotion/transf shall be submitted to the relevant delegated authority for approval in line with H delegations. Submissions shall be prepared in a prescribed format as indicated by the Chi Directorate: Human Resource Management. Recommendations for the filling of a post where a candidate does not enhanc representativity will be forwarded to the delegated authority for approval The interviewing panel shall rank the candidates according to 1st and 2nd choices f the position (where applicable) in case the first candidate declines the employme offer then the second candidate shall be considered. However such reasons shall t recorded. The 2% candidate where applicable will also be considered where th candidate assumes duty and then leaves the department within four months of his/h date of assumption of duty. (This will be applicable for SR 1-12 posts) Full motivation for being successful or unsuccessful shall be included in the minutes All disputes pertaining to a specific post must be considered before approval granted. Granting of higher salary notch for purposes of making a counter offer Recruitment and Selection Policy {Q6.5.1 6.5.1.1 6.5.1.2 65.1.3 6.5.2 6.5.3 714 TAAA TAA2 74.4.3 TAA The Department may grant a higher salary notch to a qualifying employee in line wi the Public Service Act, to the extent prescribed by the Public Service Regulations ar under the following conditions: The employee must have received an external offer; HRM has verified the validity and content of the offer; and The counter offer to be made by the department is limited to the last notch of th current salary level of the post that the employee currently occupies. The decision shall be informed by the critical competencies identified in the candida concerned and not necessarily only by the candidate's applicable salary package wi the current employer. Full motivation shall be submitted to the Chief Directorate: Human Resour. Management for recommendation. Role players and stakeholders Roles and Responsi Role of Local Employment Equity Consultative Forum (LEECF) The relevant representative of the Local Employment Equity Consultative Forum shi advise on the target groups in terms of race, gender and people with disabilitc (representivity profiles) during the shortlisting and interviewing process for advertise posts on SR Levels 1 - 12. For the purpose of compiling of a short list a LEECF representative must be part the shortlisting committee to ensure the achievement of Employment Equity targe and goals as set in the Employment Equity Plan. It is the duty of the LEECF representative member to observe faimess, consistenc panellists’ attitude, etc. regarding the questioning of candidates/interviewees. Suc observations can only be raised during the discussion of all candidates and shall t recorded in the report of the LEECF representation. Submit the reports to the HRM secretariat of the shortlisting and interview not lat than 3 working days after the date of the interviews. Recruitment and Selection Policy An713.2 7.2 Role of Human Resource Management The Human Resource Management/Human Resources Operations/Manageme Support Services will provide technical guidance on the recruitment and selectic processes and secretarial services during the recruitment and selection process. Role of Organised Labour/Trade Unions Organised labour representatives shall observe faimess of the selection processe Such observations can only be raised during the discussion of all candidates. Organised labour must after every shortlisting and interview processes submit signed report to the secretariat of the interviews not later than 3 working days aft the date of the interviews. Delegations The authority to approve appointments, promotions and transfers is vested to delegated authority in terms of the HRM delegations. Recruitment and Selection Policy alal 81 8.2 8.2.4 83 10. vit Controls Monitoring The policy will be communicated by HRM, implemented and monitored by « stakeholders Reporting All progress in the filling of vacancies and trends in employment is reported in tt Annual report and other Departmental structures such as NEECF, LEECF ar Management meetings. Evaluation The Chief Directorate: Human Resources Management and Internal Audit Divisic shall evaluate the implementation and effectiveness of this policy through polit review sessions to ensure relevance. Compliance and noncompliance Compliance with the policy will mainly be determined by all the stakeholders includir Internal Audit, the Office of the Auditor-General and feedback from line managers ar employees. It is the responsibility of the line manager concerned to administ compliance to this policy and noncompliance or failure to comply with this policy result in disciplinary action taken against that individual Code of conduct The Code of Conduct as prescribed in the PSR 2016 is applicable. Recruitment and Selection Policyroo be 11. APPROVAL POLICY CONSULTED AT DBC (SIGNED BY CHAIRPERSON) AT PRETORIA ON THIS .-DAY OF .... .2019 Name Signature CHAIRPERSON OF DBC ON BEHALF OF THE DEPARTMENT OF LABOUR AS THE EMPLOYER Name Signature CHIEF NEGOTIATOR TM LAMATI DIRECTOR — GENERAL: LABOUR EFFECTIVE DATE:. Annexure A: Relevant procedures 3. Recruitment and Selection Guidelines 4. Recruitment and Selection Standard Operating Procedure Recruitment and Selection Policy 23