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Employment Equity Act 55 of 1998 and Regulations

The Employment Equity Act 55 of 1998 promotes equal opportunity and fair treatment in employment through the elimination of unfair discrimination and implementing affirmative action measures to redress the disa

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ISBN/ISSN: 9780639002910

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The Employment Equity Act 55 of 1998 promotes equal opportunity and fair treatment in employment through the elimination of unfair discrimination and implementing affirmative action measures to redress the disadvantages in employment experienced by designated groups.

Employment Equity Amendment Act 47 of 2013 came into force on 1 August 2014.

The Act will amend the Employment Equity Act (EEA), most significantly:

the definition of €œdesignated groups€? has been amended which will mean foreign nationals will be unable to claim to be beneficiaries of affirmative action

the inclusion of €œor any other arbitrary ground€? to the list of impermissible grounds of discrimination in section 6(1) which may allow for claims not previously considered

a new ground of discrimination is introduced, compelling employers to pay the same wages for the same or substantially the same job

victims of sexual harassment will not require the employer's consent to refer a dispute to the CCMA for arbitration if she/he earns below R205 433.30 per annum

there will be a change to the onus of proving alleged unfair discrimination and the new section 11 contemplates a wider range of defences

The DG may approach the Labour Court directly to impose a fine if an employer fails to prepare a plan in terms of section 20. This may result in substantially more litigation for the DG

Fines are increased to a maximum of R2,7m or 10% of annual turnover for certain breaches of the EEA.

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Table of contents

Employment Equity Act

Definitions

Purpose of this Act

Interpretation of this Act

Application of this Act

Elimination of unfair discrimination

Prohibition of unfair discrimination

Medical testing

Psychometric testing

Applicants

Disputes concerning this Chapter

Burden of proof

Application of this Chapter

Duties of designated employers

Voluntary compliance with this Chapter

Affirmative action measures

Consultation with employees

Matters for consultation

Disclosure of information

Analysis

Employment equity plan

Report

Publication of report

Successive employment equity plans

Designated employer must assign manager

Duty to inform

Duty to keep records

Income differentials and discrimination

Establishment of Commission for Employment Equity

Composition of Commission for Employment Equity

Functions of Commission for Employment Equity

Staff and expenses

Public hearings

Report by Commission for Employment Equity

Monitoring by employees and trade union representatives

Powers of labour inspectors

Undertaking to comply

Compliance order

Limitations

Register of designated employers

Assessment of compliance

Review by Director-General

Outcome of Director-General's review

Failure to comply with Director-General's request or recommendation

Conflict of proceedings

Consolidation of proceedings

Powers of commissioner in arbitration proceedings

Jurisdiction of Labour Court

Powers of Labour Court

Protection of employee rights

Procedure for disputes

State contracts

Codes of good practice

Regulations

Delegations

Temporary employment services

Designation of organs of state

Breach of confidentiality

Liability of employers

Obstruction, undue influence and fraud

This Act binds the State

Application of Act when in conflict with other laws

Repeal of laws and transitional arrangements

Amendment of annual turnover thresholds in Schedule 4

Short title and commencement

Maximum permissible fines that may be imposed for contravening this Act

Laws repealed

Transitional arrangements

Turnover threshold applicable to designated employers

Employment Equity Regulations

Employment Equity Regulations, 2014 GNR.595 in GG 37873 dated 1 August 2014

Code of Good Practice: Preparation, Implementation and Monitoring of Employment Equity Plans GNR.1394 dated 23 November 1999

Code Of Good Practice: Key Aspects of HIV/Aids and Employment GNR.1298 dated 1 December 2000

Code of Good Practice: Key Aspects on the Employment of People with Disabilities GNR.1345 dated 2000

Amended Code of Good Practice on the Handling of Sexual Harassment Cases in the Workplace GN. 1357 dated 4 August 2005

Code of Good Practice on the Integration of Employment Equity into Human Resource Policies and Practices GN 1358 dated 4 August 2005

Code of Good Practice on HIV and Aids and the World of Work GN 451 in GG 35435 dated 15 June 2012

Code of Good Practice on Equal Pay/Remuneration for Work of Equal Value GN. 448 in GG 38837 dated 1 June 2015

Code of Good Practice on Employment of Persons with Disabilities GN 1085 in GG 39383 dated 9 November 2015