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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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.
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
