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Learning & Development – Legislative Compliance

Learning & Development - Legislative Compliance

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Blueprint Summary

Legislative requirements from a learning and development capacity are variable depending on a large number of factors. Any professional HR Practitioner needs to familiarize themselves with their core business activities, industry, applicable bargaining councils, trade unions and/ or sectoral determinations that affect any form of developmental initiatives.

Fundamental compliance aspects related to Learning and Development will always include;

  • The OHS Act and its regulations
  • The BB-BEE Codes of good practice and applicable regulations
  • The Employment Equity Act and applicable Codes of Good Practice
  • The Skills Development Act
  • The Skills Development Levies Act
  • The Labour Relations Act
  • The Basic Conditions of Employment Act

Although the Human Resource Department will act as the custodian of Legislative Compliance, it must be noted that legal compliance and corporate citizenship will always be the prerogative and responsibility of Top Management.

The HR Department would investigate which developmental activities, and other activities related to them, are linked to legislative compliance and identify the necessary outputs that affect learning and development.

Although the Training Department would have functional knowledge of the above, the combined legal training requirements of the business are normally detailed by the HR Department.

Process flow

Process Specification

Process Owner

Stakeholder(s)

Recording Requirements

Storage Requirements

The person that is accountable for this specific process.

All parties that have a vested interest in this process.

Requirements that need to be recorded during this process. What, How, Where.

Requirements that need to be reported on during this process. What, How, When, Where.

Reporting Requirements

Audit Requirements

Notifications

Reminders

Requirements that need to be stored during this process. What, How, When, Where.

Requirements that need to be met in to comply with Auditing Regulations.  What, How, When, Where & Type of Audit Requirement.

Any Notifications that need to be Generated and/ or Actioned During this Process.

Any Reminders that need to be Generated and/ or Actioned During this Process.

Transparency & Communication

Knowledge & Skills

System

Workflows

 Any Transparency, Communication & Distribution Requirements needed for this Process.

 Any Knowledge & Skills required to successfully complete this process.

Links and Process within a system that directly relates to this Process.

Are there any Workflows that drive this Process? This can be Manual or NFE Workflows.

Legislation & Governance

Templates, Forms, Guides and Work Instructions

S.A. Board for People Practices

Any Legislation, Bodies, Processes, Policies that Govern this Process.

Links to Templates, Forms Guides and Work Instructions that are either to be used for application or as Guidelines to meet minimum requirements for this Process

Does this Process Align with SABPP. This can either be Fully, Partially or Not at All.

The Process

Inputs are all of the Elements deemed necessary to complete the process successfully.

  • The OHS Act and its regulations
  • The BB-BEE Codes of good practice and applicable regulations
  • The Employment Equity Act and applicable Codes of Good Practice
  • The Skills Development Act
  • The Skills Development Levies Act
  • The Labour Relations Act
  • The Basic Conditions of Employment Act

Tasks are the Step-by-Step Actions to be taken to complete the Process.

  • Legislative Compliance
  • Updated Training Schedule

Legislative requirements from a learning and development capacity are variable depending on a large number of factors. Any professional HR Practitioner needs to familiarize themselves with their core business activities, industry, applicable bargaining councils, trade unions and/ or sectoral determinations that affect any form of developmental initiatives.

Fundamental compliance aspects related to Learning and Development will always include;

  • The OHS Act and its regulations
  • The BB-BEE Codes of good practice and applicable regulations
  • The Employment Equity Act and applicable Codes of Good Practice
  • The Skills Development Act
  • The Skills Development Levies Act
  • The Labour Relations Act
  • The Basic Conditions of Employment Act

Although the Human Resource Department will act as the custodian of Legislative Compliance, it must be noted that legal compliance and corporate citizenship will always be the prerogative and responsibility of Top Management.

The HR Department would investigate which developmental activities, and other activities related to them, are linked to legislative compliance and identify the necessary outputs that affect learning and development.

Although the Training Department would have functional knowledge of the above, the combined legal training requirements of the business are normally detailed by the HR Department.

  • The HR Department to compile a list of applicable legislation and key compliance elements and summary of their success indicators
  • Said list to be distributed to Executive Committee and Subject Matter Experts such as compliance officers, Skills Development Facilitators, IR managers, Payroll Managers, Transformation Managers, etc.
  • List to be updated after comprehensive consultation with parties mentioned above
  • Top Management to agree on necessity and relevance of identified factors and clearly convey intention to comply
  • Respective compliance training activities to be listed along with employees required to attend
  • The HR and Training Department to source quotes for various compliance training interventions
  • Total cost figures to be sent to finance as an indication of compliance budget for next financial year
  • Compliance training plan to be generated and attendance of same monitored on a quarterly basis by Training Department.

END OF PROCESS