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. Employment equity your guide to labour law in south africa. Understanding the importance of the employment equity act. Employment equity act 55 of 1998 people with disabilities. Issues with affirmative action and employment equity. To promote equal opportunities and fair treatment to all in the workplace by eliminating unfair discrimination. Submission of employment equity reports 01 aug 2017.
In the south african context, apartheid provides both a justification for the employment equity act6 and its implementation. Acts online provides legislation, including amendments and regulations, in an intuitive, online format. Employment equity is an imperative business driver and therefore supports the principles and intent of the employment equity act of 1998. The employment equity act protects you, and your rights, from any form of discrimination by. Dissertation submitted in fulfilment of the requirements for. The purpose of the act is to achieve equity in the workplace, by. A designated employer is required to report to the director general on progress made in implementing their employment equity plan. 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. South africa employment equity amendment bill 2018. Summary of the employment equity act, 55 of 1998, issued in. From south african recce special forces to private military.
Employment equity act was passed to address this legacy. This highlights the seriousness with which the department of labour dol takes noncompliance with the provisions of the act and shows that they will not hesitate to bring the maximum penalty applicable against defaulters. 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. President may determine different dates in respect of different provisions of this act. Section 21 of the employment equity act, 55 of 1998 eea places an obligation on designated employers to submit an employment equity report once every year. Purpose of the policy the purpose of the employment equity policy is to. South africa has a legacy of discrimination in relation to. Constitution means the constitution of the republic of south africa, 1996 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. Employment equity ccma pdf labour law south africa.
Replacement of employment equity regulations 360 kb pdf. 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. The employment equity act eea as an instrument for employment equity in the south african labor market article pdf available may 2014 with 800 reads how we measure reads. Chapter 1 definitions, purpose, interpretation and application 1. 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. The south african government has sought to redress the historical legacy of workplace. 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. 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. The importance of the employment equity act is an extension of its purpose. The new constitution of south africa guaranteed everyone.
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. As south african labour law is continually changing, organisations are becoming increasingly confused as to what information the department of labour requires, and how they will. 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. While there is some research on the challenges of implementing the eea legislation in universities, there is a paucity. 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. Dissertation submitted in fulfilment of the requirements. The acts explanatory memorandum opens with a proclamation of the legacy of inequality left by apartheid. Amended by intelligence services act 65 of 2002 from 20 feb 2003. Constitution of south africa, 1996, the employment equity act 55 of 1998 applies. Every employer should be in possession of at least these two documents the code of good practice and the user guide. Commission means the commission for employment equity, established by section 28.
Employment equity act 55 of 1998 of south africa and psychometric testing in the sandf. 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. Amended by electronic communications security pty ltd act 68 of 2002 from 28 feb 2003. See act for various commencement dates government notice r595 in government gazette 37873 dated 1 august 2014. Section 251 of the employment equity act, 1998 states that each employer must display the notice required by section 251 of the act in the form of eea 3, in that employers workplace. South african government information, south africa pdf pdf doc. Employment equity act summary western cape government. Employment equity plan south african qualifications.
Code of good practice on preparation, implementation and monitoring of employment equity plan 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. Employment equity regulations, 2014 employment equity act 55 of 1998 gazette no. South africa is one of the most culturally, racially and economically diverse countries in the world. With acts you are guaranteed the latest and most up to date resource for your legislative needs. South africa employment equity amendment bill 2018 update crs.
Issues with affirmative action and employment equity provisions. 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. The purpose of the employment equity act in south africa is. The amended employment equity bill would empower the labour minister to regulate sectorspecific employment equity targets and promulgate section 53 of the act to. Promote the empowerment and advancement of previously disadvantaged employees in order to create racial and gender equity. Employment equity definition and meaning collins english. 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 opportunities. Annexure 3 of the regulations to the employment equity act eea 10 51 8.
Eep0002 employment equity policy june 2017 republic of south africa act of 1993 i. In south africa, reasonable accommodation is ensured through the employment equity act no. Sep 30, 2017 employment equity act 55 of 1998 of south africa and psychometric testing in the sandf. Eea 3 a summary of the employment equity act, 55 of 1998, as amended issued in terms of section 25 1 department of labour.
The employment equity act south african contemporary. The provisions dealing with the prohibition of discrimination contained in chapter 2 have been extensively amended. Employment equity plan which will achieve reasonable progress towards employment equity in the employers workforce. I mildred nelisiwe oliphant, minister of labour, in terms of section 551 of the employment equity act, 1998 act no 55 of 1998 as amended, and on the advice of the commission for employment equity, hereby repeal the regulations made in terms of the employment equity act, act 55 of 1998, published under government notice no. To redress the aftereffects of racial discrimination in the workplace, the employment equity act eea of 1998 was established. Pdf the employment equity act eea as an instrument for. Code of good practice on employment of persons with disabilities no. Sep 10, 2019 the format of the old eea4 report has been repealed and replaced with a newer version right before the submission period opens for the 2019 employment equity reports. Eep0002employment equity policy june 2017 republic of south africa act of 1993 i.
Section 2 the purpose of the act is to achieve equity in the workplace, by promoting equal opportunity and fair treatment in employment through the eliminatio. An employment equity plan must state a the objectives to be achieved for each year of the plan b the affirmative action measures to be implemented as required by section 152. 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. Eea 3 summary of the employment equity act 55 of 1998. Aug 28, 2017 a designated employer is required to report to the director general on progress made in implementing their employment equity plan. Employment equity amendment act 47 of 20 south african. Occupational categories employment equity act 55 of 1998 please read this first. South africa employment equity act disability rights. Summary of the employment equity act, 55 of 1998, issued in terms of section 251 1. Employment equity in the workplace ccma info sheet. This is a pdf download of the employment equity act poster wall chart optimized for a1 printing. The format of the old eea4 report has been repealed and replaced with a newer version right before the submission period opens for the 2019 employment equity reports. Be it enacted by the parliament of the republic of south africa as follows. 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.
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 employment equity act protects you, and your rights, from any form of discrimination by your employer. Summary of the employment equity act, 55 of 1998, issued. We are the leading resource for freely available legislation in south africa and are used daily by thousands of professionals and industry leaders. 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. The department of labour also published a user guide to the employment equity act, detailing 10 steps to preparing and implementing an employment equity plan.
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