Chapter 1 definitions, purpose, interpretation and application 1. Application of the employment equity act and diversity in. The role of the cee is to advise the minister of labour on any matters concerning the act, including policy recommendations and matters pertaining to the implementation towards achieving the. The law protects you from unfair treatment and any form of discrimination. Telkom sa, being the largest communications company in south africa, has committed itself to employment equity and has already embarked on an affirmative action programme. Equality and this is when the employment equity act the act came into play.
Republic of south africa employment equity bill as introduced in the national assembly minister of labour b 6098 riphabliki raafrika dzonga nawumbisi wa ndzingano wa mintirhovuthori tani hi laha wu tivisiweke ha kona eka huvo yo endla milawu ya rixaka. We are the leading resource for freely available legislation in south africa and are used daily by thousands of professionals and industry leaders. Employment equity by derek hendrikz linkedin slideshare. The importance of the employment equity act is an extension of its purpose. Dissertation submitted in fulfilment of the requirements. Contract cleaning sector, south africa gn 622 in gg 20064 of 14 may 1999 sectoral determination 2. However, your businesss turnover within your industry may place you in a category where you are also required to comply, so its best to comply voluntarily from the outset and avoid any future issues. The importance of employment equity and its implementation. South africa employment equity amendment bill 2018. Employment equity is an imperative business driver and therefore supports the principles and intent of the employment equity act of 1998. The employment equity amendment bill, 2018 bill amends specific provisions of the employment equity act 55 of 1998 eea.
Employment equity act 55 of 1998 people with disabilities. The employment equity amendment bill, 2018 skills portal. The employment equity amendment bill, 2018 werksmans. The employment equity act in south africa recognizes that the history of apartheid has created disparities in employment, occupation and income within the national labour market and that these disparities cannot be reversed simply by the abolishment of apartheid south african department of labour, 1998. Pdf an assessment of employment equity and broad based. Dissertation submitted in fulfilment of the requirements for. The above code of good practice was gazetted on 4th august 2005 in government gazette 27866. To ensure that everyone enjoys equal opportunity and fair treatment in the workplace, the employment equity act, no 55 of 1998 was enacted into law. We will guide you through the process using our 10 point plan and make sure that equity in your organisation meets the requirements of the act as well as supports.
Complying with the employment equity act only companies that employ 50 or more people are required to comply with the employment equity act. Constitution, which addressed the need for affirmative action in employment, business. Every employer in south africa is required to draw up and maintain an employment equity plan which includes an analysis of current employment practices to eliminate possible discriminatory practices setting objectives and establishing a timetable with realistic human resource targets to ensure a representative. The impact of employment equity legislation on employee. Employment equity act poster laminatedavailable in 3 sizes. The effectiveness of the employment equity act act 55 of 1998 in the public service with reference to the department of agriculture 20002006. The purpose of the act is to achieve equity in the workplace, by. Employment equity in south africa smartmoves are experts in the development and implementation of employment equity plans and submission of annual reports to the department of labour. Click here to download the new code of conduct on employment equity code of good practice on the integration of employment equity into human resource policies and practices. Summary of the employment equity act, 55 of 1998, issued in terms of section 251 1. Eea 3 summary of the employment equity act 55 of 1998. Broadbased black economic empowerment employment equity. Chapter 1 definitions, purpose, interpretation and application.
This is a crucial bill that seeks to strengthen the employment equity act and support the nations efforts to eradicate the legacies of apartheid discrimination, and inequality in the workplace. The employment equity act south african contemporary. Compensation for occupational injuries and diseases. Eea 3 summary of the employment equity act 55 of 1998 description eea 3 a summary of the employment equity act, 55 of 1998, as amended issued in terms of section 251 category lra forms sub category department of labour document type forms filename 3. The basic conditions of employment act is the yardstick against which this is measured. Purpose of the policy the purpose of the employment equity policy is to. S 1, 4 amended by electronic communications security pty ltd act 68 of 2002 from 28 feb 2003. The employment equity act is the law that promotes equity in the workplace, ensures that all employees receive equal opportunities and that employees are treated fairly by their employers.
Employment equity amendment act 47 of 20 south african. Pdf the employment equity act eea as an instrument for. Accountant, store manager, bsc biological sciences graduate and more on. South africas employment equity act and the south african national standards building regulations provide comprehensive rules and guidelines to assist employers to make their workplaces free from discrimination and more accessible to diverse groups of employees with and without disabilities to know their rights. In south africa, labour inspectors need to be given greater latitude and more. This document stipulates the conditions under which employees, both south african and foreign, must be employed. The introduction of the bbbee act in 2003, five years after the skills development and employment equity acts, provided industry with further impetus and incentives to put the required measures in place to ensure that the. The provisions dealing with the prohibition of discrimination contained in chapter 2 have been extensively amended.
The purpose of the bill is to provide for the minister of labour to establish sectoral numerical targets to ensure the equitable representation of suitably qualified people from designated. Before south africa became a democratic country, there were colonial and apartheid laws that excluded black people from participating in the educational and labour systems. The purpose of the employment equity act, as laid out in the act itself, is to achieve equity in the workplace, by a promoting equal opportunity and fair treatment in employment through the elimination of unfair discrimination. The purpose of the employment equity act in south africa is. Section 61 of the eea deals with the prohibition of unfair discrimination. The majority of south african companies are found wanti. The employment equity act and the broad based black economic empowerment act aim to promote and achieve equality in the workplace in south africa termed equity, by advancing people from designated groups. The south african basic conditions of employment act.
Commission for employment equity annual report 2016 2017. Your work visa would not have been approved if your south african employer does not meet the requirements of the act. Employment equity in the workplace ccma info sheet. Understanding the importance of the employment equity act. Pdf the south african government has sought to redress the historical. Acts online provides legislation, including amendments and regulations, in an intuitive, online format. South africa is one of the most culturally, racially and economically diverse countries in the world. Code of good practice on employment of persons with disabilities no. The employment equity act 55 of 1998, as amended the act constitutes one of the key legislative and policy interventions within the ethos of south africa s new constitution to give effect to the provisions relating to removal of policies and practices which result in inequalities in the country. Requirements for employment equity reporting rsm south africa.
An employers obligations in terms of section 60 of the. To promote equal opportunities and fair treatment to all in the workplace by eliminating unfair discrimination. New developments in employment equity and diversity management. President may determine different dates in respect of different provisions of this act. Regulations under section of the slate tender board act. The act s explanatory memorandum opens with a proclamation of the legacy of inequality left by apartheid. Pepuda promotion of equality and prevention of unfair discrimination act.
South african police service v solidarity obo barnard cct 0114. Employment equity act summary western cape government. May 10, 2017 in 2014, the employment equity act was amended so companies failing to prepare or implement equity plans can be fined up to r2. Civil engineering sector, south africa gn r204 in gg 22103 of 2 march 2001. The effectiveness of the employment equity act4dumi. Part 2 code of good practice on the integration of employment equity into human. The purpose of the bill is to provide for the minister of labour to establish sectoral numerical targets to ensure the equitable representation of suitably qualified people from designated groups blacks, women and persons with a disability at all.
As a result of apartheid, companies had unequal racial and gender representation of people in different levels of the organisations. The employment equity act, act 55 of 1998 eea makes provision for employment equity and matters incidental thereto. May 10, 2014 summary of the employment equity act, 55 of 1998, issued in terms of section 251 1. A1 594x841mma2 420x594mma3 297x420mmthis poster is available in english. Implementing affirmative action measures to redress the disadvantages in employment experienced by designated groups, in order to ensure. The acts explanatory memorandum opens with a proclamation of the legacy of inequality left by apartheid. The employment equity act aims to eliminate unfair discrimination in the workplace by promoting equal opportunities and fair treatment.
Title employment equity ccma description information sheet by the ccma on employment equity south africa has a legacy of discrimination in relation to race, gender and disability that has denied access to opportunities for education, employment, promotion and wealth creation to the majority of south africans. Occupational categories employment equity act 55 of 1998 please read this first what is the purpose of this annexure. See act for various commencement dates government notice r595 in government gazette 37873 dated 1 august 2014. South africa has patterned its employment equity act and a part of the constitution act, such as section 9 2 of the bill of rights in its constitution of 1996 after canada and passed the broad. Code of good practice on preparation, implementation and monitoring of employment equity plan no. Summary of the employment equity act, 55 of 1998, issued in terms of section 251 employment equity reporting employment equity act employment equity act amendments may 2006. All employers must comply with the employment equity act, but designated employers who meet the minimum requirements have additional obligations the goal of the employment equity act. An assessment of employment equity and broad based black economic empowerment developments in south africa. Employment equity 20 years down the line, a margina. South africa has patterned its employment equity act and part of its constitution such as section 92 of the constitutional bill of rights after canada. This annexure provides a summary of definitions for occupational categories which may be used by employers when completing forms eea 2 and eea 4. The commission for employment equity cee is a statutory body established in terms of section 28 of the employment equity act, no 55 of 1998 eea. Commission means the commission for employment equity, established by section 28. In the south african context, apartheid provides both a justification for the employment equity act6 and its implementation.
Prior to 1994, south africa was governed by apartheid regime, a system in which people were discriminated based on the colour of their skin, gender, disabilities, etc. Employment equity act and unfair discrimination serr synergy. The purpose of the employment equity act, no 55 of 1998 is to achieve equity in the workplace by promoting equal opportunity and fair. South africa employment equity act disability rights. Annexure 3 of the regulations to the employment equity act eea 10 49 annexure 3. Its aim is not to replace the provisions of the ee act and regulations, but to offer a practical and simplified approach with reference to the most important. Issues with affirmative action and employment equity. A south african perspective by dumisani zondi submitted in partial fulfilment of the requirements for the degree of master of administration public administration in the.
Amended by employment equity amendment act 47 of 20 from 1 aug 2014 amended by general intelligence laws amendment act 52 of 2003 from 28 feb 2003. The commission for employment equity is hereby established. Employment equity regulations, 2014 employment equity act 55 of 1998 gazette no. Employment laws in south africa south african labour legislation. The employment equity act 55 of 1998 the act was enacted to give effect to equality in terms of section 92 of the bill of rights in the constitution of the republic of south africa act 108 of 1996. Summary of the employment equity act, 55 of 1998, issued in. Part 2 code of good practice on the integration of employment equity. Employment equity act 55 of 1998 section 15 affirmative action measures designated employer. Employment equity planning in respect of people with disabilities 17. Employment equity ccma pdf labour law south africa. To redress the aftereffects of racial discrimination in the workplace, the employment equity act eea of 1998 was established.
Summary of the employment equity act, 55 of 1998, issued. Constitution means the constitution of the republic of south africa, 1996 act no. The employment equity act definition of designated groups the report points out that the employment equity act, 1998 eea classifies beneficiaries of affirmative action, ie, the designated groups, along the same racial lines that were utilised in the apartheid era, but also includes the categories of people with disabilities. At least since 2010 the department of labours auditing of an organisations compliance with the provisions of the employment equity act constitute a rigorous and high level evaluation of a designateds employers employment equity efforts. Implications of the employment equity act and other. Post 1994, as a way to redress the past inequalities, the national government implemented. What are the key points of the employment equity act 7 different items that should be reflected in the employment equity plan advantages of employment equity practical ways a business can apply employment equity and so the questions come through to us daily.
The purpose of the employment equity act, no 55 of 1998 is to achieve equity in the workplace by promoting equal opportunity and fair treatment in employment through elimination of unfair discrimination and implementing affirmative action measures to redress the disadvantages in employment experienced by designated groups, in order to ensure equitable representation in all occupational. While there is some research on the challenges of implementing the eea legislation in universities, there is a paucity. Designated employers are legally required to comply with legislation. Given the diversity of people in south africa, fair and equal representation is important to ensure that all citizens have the necessary access to employment. The employment equity amendment bill bill, 2018 amends specific provisions of the employment equity act 55 of 1998 eea. This study focuses on the effects of the implementation of the employment equity act, 1998, and other legislation on human resource planning within telkom sa.
South african laws and practices have discriminated against the coloured. According to that act, reasonable accommodation means any modification or adjustment to a job or to the working environment that will enable a person from a designated group to have access to or participate or advance in employment. By jacques van wyk, director and yusha davidson, candidate attorney. Employment equity in the school the information contained in these documents has been compiled to assist schools in understanding their obligations in terms of the employment equity act.
Influenced internationally through the ilo international labour organisation, division of united nations. Promote the empowerment and advancement of previously disadvantaged employees in order to create racial and gender equity. In south africa, the employment equity act was seen as a tool to ensure the upwar d mobility of women, other designated groups and those who ar e physically challenged in the labour market and to. Table of contents chapter 1 definitions, objects, interpretation, guiding principles and application of act 1 definitions 2 objects of act. The purpose of the employment equity act, no 55 of 1998 is to achieve equity in the workplace by promoting equal opportunity and fair treatment in employment through elimination of unfair discrimination and implementing affirmative action measures to redress the disadvantages in employment experienced by designated groups, in order to ensure equitable representation in all. Oct 21, 20 but the dcs claimants lawyers successfully argued that the employment equity target had to take into account that brown south africans constituted 54% of the population in the western cape. Employment laws in south africa placement dynamics. Republic of south africa employment equity bill as introduced in the national assembly minister of labour b 6098 riphabliki raafrika dzonga nawumbisi wa ndzingano wa mintirhovuthori tani hi laha wu tivisiweke ha kona eka huvo yo endla milawu ya rixaka holobye wa mintirho n 6098 isbn 0 621 28391 6. The employment equity act 2019 lwo employers organisation. South african societal transformation is a process of profound collective. South africa is a member state of this organisation and has to adhere to certain criteria and uphold its principles.
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