Employment equity acts are a significant regulative force and firms face penalties for not complying with the law jain, horwitz and wilkin, 2012. Bbbee and labouremployment equity in a calabash introduction the employment equity act eea has been put in place in order to address certain imbalances in the workplace due to past discriminatory practices in south africa. The department of labour is responsible for monitoring and evaluating the implementation of affirmative action. Nov 21, 20 employment equity bill passed despite da objections. Press release government closer to invoking employment equity act to reverse noncompliance with legislation labour deputy minister, inkosi phathekile holomisa. The employment equity act protects you, and your rights, from any form of discrimination by your employer.
Employment equity act south african government staatskoerant, 8 augustus 2008 i no. Medical testing of an employee is prohibited, unless legislation permits or requires the testing. The employment equity act, act 55 of 1998 eea makes provision for employment equity and matters incidental thereto. Generally little resistance has been experienced as employers accepted the importance of employment equity. Employment equity planning in respect of people with disabilities 17. Compensation for injury and occupational diseases act of 1993 coida constitution of the republic of south africa 1996. 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. Employment, unemployment, skills and economic growth. We therefore adopt this constitution as the supreme law. Thus this chapter intends providing a brief history of the development of the neopir, followed by a brief description of the neopir domain and facet scales. Chapter 1 definitions, purpose, interpretation and application.
Employment equity ccma pdf labour law south africa. Employment equity regulations, 2014 employment equity act 55 of 1998 gazette no. South africa employment equity amendment bill 2018. Downloads your guide to labour law in south africa. South africas employment equity act states that no person may unfairly discriminate, directly.
Substitution of subsection 1 in section 42 of act 55 of 1998 9. The effectiveness of the employment equity act4dumi. Employment equity act 2017 lwo employer organisation. Employment equity act and unfair discrimination serr synergy. The employment equity act aims to eliminate unfair discrimination in the workplace by promoting equal opportunities and fair treatment. 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. Employment equity bill passed despite da objections the. Acts online provides legislation, including amendments and regulations, in an intuitive, online format.
South africa has a legacy of discrimination in relation to race, gender and disability that has resulted in the denial of access to opportunities for education, employment, promotion and wealth creation for the majority of south africans. Code of good practice on the integration of employment equity into human resource policies and practices. Chapter 1 definitions, purpose, interpretation and application 1. Eea 3 summary of the employment equity act 55 of 1998. As employment equity consultants bch can offer our clients a full service in terms of employment equity compliance. Employment equity act 2017 the employment equity act aims to eliminate unfair discrimination in the workplace by promoting equal opportunities and fair treatment. Employment equity amendment act 47 of 20 south african. Employment equity, the employment equity bill and the employment equity act no 55 1998.
The workspace, 63 bram fischer dr randburg, johannesburg, 2194 postal address. The following subsection is substituted for subsection 1 of section 42 in the principal act. This act does not apply to members of the national defence force, the national intelligence agency, the south african secret service, or the south african national academy of intelligence. The employment equity act no 55 1998, has had a profound influence on the lives of organizations in south africa. 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. Amended by employment equity amendment act 47 of 20 from 1 aug 2014. Amended by intelligence services act 65 of 2002 from 20 feb 2003. South africa is one of the most culturally, racially and economically diverse countries in the world.
Employment equity consultants business compliance holdings. Code of good practice on employment of persons with disabilities no. The employment equity act, 1998 and other myths about the pursuit of equality, equity and dignity in postapartheid south africa part 1 am louw we, the people of south africa believe that south africa belongs to all who live in it, united in our diversity. 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. 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. 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 africas new constitution to give effect to the provisions relating to removal of policies and practices which result in inequalities in the country. This document stipulates the conditions under which employees, both south african and foreign, must be employed. 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. Understanding the employment equity act the following quotation from the 1996 report of the presidential commission 1 is an indication of the rationale for employment equity legislation. The difference in south africa is that the legislation is directed at affirming majority groups. Recruitment practices have been revised to meet the requirements of the employment equity act no 55 1998.
To do this, it needs to receive regular reports from companies on their. 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. Occupational health and safety act 85 of 1993 as amended ohsa basic conditions of employment amendment act 7 of 2018. Click on the link on the bottom of this page this is an extremely important document. Be it enacted by the parliament of the republic of south africa as follows.
Promoting equal opportunity and fair treatment through the elimination of unfair discrimination. The provisions dealing with the prohibition of discrimination contained in chapter 2 have been extensively amended. Merusha singh, recently appointed skills development facilitator at progression, unpacks the purpose of south africas employment equity. 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. Legal framework the code is issued in terms of section 541a of the employment equity act, no. 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. Make sure that your next employment equity report has the proper targets to avoid unnecessary challenges. 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. This oneday workshop will leave you with a clear framework and methodology for setting targets in line with the envisaged amendments and sectoral targets, as well as an update on the amendments currently before parliament. Unfair discrimination related to work of equal value. Click here to download the new code of conduct on employment. The amendment accordingly clarifies that unfair discrimination claims in respect of remuneration and other conditions of the employment can be brought in terms of section 6 of the employment equity act and brings the employment equity act in line with the core. With acts you are guaranteed the latest and most up to date resource for your legislative needs.
Code of good practice on the integration of employment equity into human. Following this research using the neopir in the south african context will be presented. This act not affected by agreements chapter two regulation of. Transformation and employment equity mandate molefi. Gazette 28858 containing new regulations relating to the employment equity act has been issued. The employment equity act is one of the most controversial pieces of legislation. Employment equity your guide to labour law in south africa.
In discussions around employment equity, affirmative action is usually the first thing that springs to mind. Amended by general intelligence laws amendment act 52 of 2003 from 28 feb 2003. 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 electronic communications security pty ltd act 68 of 2002 from 28 feb 2003. Since the introduction of the eea act in 1998 we find that the concepts of affirmative action, employment equity and annual reporting are still rather daunting for many business owners but you dont need to be fearful and confused, because complying with the eea is a lot easier than you may think. The employment equity act south african contemporary. May 10, 2014 summary of the employment equity act, 55 of 1998, issued in terms of section 251 1. The impact of employment equity legislation on employee. The south african basic conditions of employment act. Summary of the employment equity act, 55 of 1998, issued in terms of section 25 1 employment equity reporting. The main purpose of the employment equity act is to achieve equality in the work place by.
The act applies to all employers, but designated employers who meet. President may determine different dates in respect of different provisions of this act. Employment equity act psychological assessment in south africa. Business south africa bsa presentation dr frans barker, industrial relations advisor, said that there have been presentations on the act to employers in the major centres. Employment equity act summary western cape government.
See act for various commencement dates government notice r595 in government gazette 37873 dated 1 august 2014. This act sets out the rights of all employees to a. Your work visa would not have been approved if your south african employer does not meet the requirements of the act. The effectiveness of the employment equity act act 55 of 1998 in the public service with reference to the department of agriculture 20002006. Employment equity act prohibits medical testing as a rule, but creates certain exceptions where testing is permissible. Finally the chapter will conclude with some discussion on the use of the neopir in the sa. Eea 3 summary of the employment equity act 55 of 1998 pdf. 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. Equity eea2 and eea4 reports submitted in october 2006 must use the new layout specified by the regulations. We are the leading resource for freely available legislation in south africa and are used daily by thousands of professionals and industry leaders. The employment equity amendment bill, 2018 and the draft employment equity regulations, 2018 were published for public comment for 60 days from 21 september 2018 to 20 november 2018. However, the truth is that affirmative action is only a small piece of the employment equity puzzle. South africa is the youngest enforcer of employment equity from amongst these countries.
The department of labour has a series of basic guides to help you through this process. Transformation and employment equity employment equity mandate molefis approach to employment equity is based on the philosophy that whilst there are moral, social and legal imperatives to transform the workplace and demonstrate corporate citizenship, there are also economic imperatives to transform. South africa employment equity act disability rights. In the latest report, the sahrc specifically took issue with the employment equity acts definition of designated groups and south africas system of data disaggregation which it. 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. Section 6 1 of the eea deals with the prohibition of unfair discrimination. Eea 3 a summary of the employment equity act, 55 of 1998, as amended issued in terms of section 25 1 department of labour. Implementing positive measures affirmative action to ensure the equitable representation of black people. Employment equity act south african government africa. South africa passop guide to the employment equity act 1998 the employment equity act 1998 mandates all employers to ensure nondiscrimination of workers and to prepare and implement an employment equity plan that is submitted to, and monitored by, the director general of the department of labour. The employment equity act 2019 lwo employers organisation. Employment equity in the workplace ccma info sheet. Code of good practice on preparation, implementation and monitoring of employment equity plan no.
The amended employment equity bill would empower the labour minister to regulate sectorspecific employment equity targets and promulgate section 53 of the act to. The above code of good practice was gazetted on 4 th august 2005 in government gazette 27866. Government given six months to fix unconstitutional. Implications of the employment equity act and other. Implementing employment equity transformation partners. The basic conditions of employment act is the yardstick against which this is measured. Employment equity act 55 of 1998 people with disabilities. Electronic communications nsecurity pty ltd act, o. The purpose of the act is to achieve equity in the workplace, by. According to this section, no person may discriminate directly or indirectly against an employee on the basis of race, gender, sex, pregnancy, marital.