Ladies and gentlemen the aims and objectives of the employment equity act have not changed from, giving expression to the united nations universal declaration of human rights of 1948, the freedom charter of 1955, the ilo convention no 111 of 1958, section 9 of the south african bill of rights of 1996, and most recently, the 2009 and 2014 anc. 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. While there is some research on the challenges of implementing the eea legislation in universities, there is a paucity. 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.
Definitions in this act, unless the context otherwise indicatesbasic conditions of employment act means the basic conditions of employment act, 1997 act no. Affirmative action was extended to women by executive order 175 which amended executive order 11246 on october 1967, by adding sex to the list of protected categories. May 10, 2014 summary of the employment equity act, 55 of 1998, issued in terms of section 251 summary of the employment equity act, 55 of 1998, issued in terms of section 251 1. Employment equity definition of employment equity by the. 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. Employment equity act summary western cape government. As a result of apartheid, companies had unequal racial and gender representation of people in different levels of the organisations. However, the truth is that affirmative action is only a small piece of the employment equity puzzle. The importance of employment equity and its implementation. Amended by electronic communications security pty ltd act 68 of 2002 from 28 feb 2003. Employment laws in south africa placement dynamics. Welcome to the official south african government online.
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. This module will guide you through the process of ensuring that your company complies with the requirements of the employment equity legislation. Employment equity act and unfair discrimination serr synergy. Let us remind everybody that introducing employment equity was for all intents and purposes, a recognition that south africa comes from an ugly past, where, discrimination was the cornerstone of social and economic engineering. A significant contextual factor in the south african context in the form of government legislation is the employment equity act. Employment equity targets used in this report derive from cabinet decisions taken at various times and the white paper on the transformation of the public service wptsps that asserted that black people, women and people with disabilities were the groups most adversely affected by discrimination in the public service prior to 1994. The commission for employment equity is hereby established. South africa is a member state of this organisation and has to adhere to certain criteria and uphold its principles. Smartmoves are experts in the development and implementation of employment equity plans and submission of required reports. Summary of the employment equity act, 55 of 1998, issued in terms of section 25 1 employment equity reporting. 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. Contact us today for an equity audit to ensure you are compliant. Eea 3 summary of the employment equity act 55 of 1998.
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. Post 1994, as a way to redress the past inequalities, the national government. Pdf the south african government has sought to redress the historical. The majority of south african companies are found wanti. Requirements for employment equity reporting rsm south africa. The employment equity plan is a future yearly plan which stipulates the number of designated employees that the employer aspires to have in the organisation in order to achieve its equity targets. Employment equity your guide to labour law in south africa. Chapter 1 definitions, purpose, interpretation and application. The law protects you from unfair treatment and any form of discrimination. Commission for employment equity annual report 2016 2017.
Summary of the employment equity act, 55 of 1998, issued in. Commission for employment equity annual report 2016 2017 download the full cee annual report 1. The employment equity act, act 55 of 1998 eea makes provision for employment equity and matters incidental thereto. 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. We will guide you through the process and make sure you are compliant. Requirements for employment equity reporting rsm south. Amended by general intelligence laws amendment act 52 of 2003 from 28 feb 2003. Implications of the employment equity act and other.
The acts explanatory memorandum opens with a proclamation of the legacy of inequality left by apartheid. Dissertation submitted in fulfilment of the requirements. Section 6 1 of the eea deals with the prohibition of unfair discrimination. Chapter 1 definitions, purpose, interpretation and application 1. Amended by intelligence services act 65 of 2002 from 20 feb 2003. Employment equity amendment act 47 of 20 south african. 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. Little has changed by way of appointments of the previously disadvantaged to top and executive management positions as anticipated. Section 2 the purpose of the act is to achieve equity.
Cape in 2010, he seems to have done so in the context of arguing that if coloured people wished to benefit from employment equity. Lindiwe mazibuko explains how she thinks employment equity should work in south africa. South african a policy or programme designed to reserve jobs. The basic conditions of employment act is the yardstick against which this is measured. 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 legislation in south africa employment equity legislation in sa has been tightened over the last year, but does not appear to be reaping the desired results. Summary of the employment equity act, 55 of 1998, issued in terms of section 251 1. The president may determine different dates in respect of different provisions of this act. According to this section, no person may discriminate directly or indirectly against an employee on the basis of race, gender, sex, pregnancy, marital. Code of good practice on the integration of employment equity into human.
Introduction the aim of the employment equity act, no 55, 1998 as amended is to facilitate workplace transformation. New developments in employment equity and diversity management. The purpose of the act is to achieve equity in the workplace, by. Section 42 of the amended employment equity act, no 55 of 1998, eea, as amended by the employment equity amendment act, no 47 of 20, deals with how a designated employer will be assessed in terms of their compliance with employment equity in accordance with the eea. The south african basic conditions of employment act. 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. With acts you are guaranteed the latest and most up to date resource for your legislative needs. Implementing affirmative action measures to redress the disadvantages in employment experienced by designated groups, in order to ensure. Employment equity in the workplace ccma info sheet. Constitution, which addressed the need for affirmative action in employment, business. The importance of employment equity and its implementation 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. South africa employment equity act disability rights. Purpose of this act the purpose of this act is to achieve equity in the workplace by promoting equal opportunity and fair treatment in employment through the elimination of unfair discrimination.
Recognising that as a result of apartheid and other discriminatory laws and practices, there are disparities in employment, occupation and income within the national labour market. Staff development and awareness programs in terms of the act the organisation must. 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 categories and levels in the workforce. The relationship between employment equity perceptions and. Code of good practice on preparation, implementation and monitoring of employment equity plan no. In order to achieve this goal the employment equity policy will be implemented in accordance with the employment equity act 55 of 1998 and the bill of rights.
Code of good practice on employment of persons with disabilities no. Commission means the commission for employment equity, established by section 28. The south african basic conditions of employment act south african immigration legislation stipulate that foreign workers must be remunerated and employed fairly. In south africa, labour inspectors need to be given greater latitude and more. Summary of the employment equity act, 55 of 1998, issued. The transformation of south africas workplace into an equal playground for all role players has led to the introduction of various pieces of legislation dealing with equitable employment. 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. May 01, 2020 welcome to the official south african government online site. President may determine different dates in respect of different provisions of this act. Replacement of employment equity regulations 360 kb pdf. Influenced internationally through the ilo international labour organisation, division of united nations. 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 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.
As per section 15 of the employment equity act 1998 act 55 of 1998 the organisation must have a employment equity policy in place with procedures ensuring that the transformation is at all times fair, the policy must include a dispute and grievance procedure. Legal framework the code is issued in terms of section 541a of the employment equity act, no. This includes practical information and guidance on how to establish an employment equity committee, start the ee process, consultations, analysis, developing and implementing the ee plan and reporting. Minister mthembu to meet with stats council amid funding concerns. Dissertation submitted in fulfilment of the requirements for. In 2014, the employment equity act was amended so companies failing to prepare or implement equity plans can be fined up to r2. To redress the aftereffects of racial discrimination in the workplace, the employment equity act eea of 1998 was established.
Welcome to the official south african government online site. When doing the employment equity plan, the regional and national demographics of the economically active population have to be taken into consideration. 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. Amended by employment equity amendment act 47 of 20 from 1 aug 2014. 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. Constitution means the constitution of the republic of south africa, 1996 act no. Ccma means the commission for conciliation, mediation and arbitration, established by section 112 of the labour relations act. In the south african context, apartheid provides both a justification for the employment equity act6 and its implementation. The employment equity programme of the public service is informed by the principles governing public administration as enshrined in section 1951 of the constitution of the republic of south africa in particular principle i which states that public administration must be broadly. 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.
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