What are the key points of the Employment Equity Act?

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 Employment Equity Act protects you, and your rights, from any form of discrimination by your employer.

What does the Employment Equity Amendment Bill seek to increase?

6.6 The Bill seeks to amend the principal Act and is intended to provide for the role of the National Minimum Wage Commission with regard to the reporting and monitoring of disproportionate income differentials.

Who is excluded from the Employment Equity Act?

2.1 No person may unfairly discriminate, directly or indirectly, against an employee in any employment policy or practice, on one or more grounds including race, gender, pregnancy, marital status, family responsibility, ethnic or social origin, colour, sexual orientation, age, disability, religion, HIV status.

Who is a designated employer for employment equity?

Designated employers are employers who employee 50 or more employees, employers who employ less than 50 employees but whose annual turnover exceeds or equals the amounts in schedule 4 of the EEA, or an employer who has been declared a designated employer in terms of a collective agreement.

What must be included in the EE plan?

An employment equity plan may not apply for less than a year or for more than five years. The plan must outline the steps an employer will take to eliminate practices that constitute unfair discrimination and to remove employment barriers, as well as to achieve equitable representation.

What is Section 19 of the Employment Equity Act?

Section 19 of the Employment Equity Act nr 55 of 1998 stipulates that a Designated Employer must conduct an analysis of employment policies, practices, procedures and working environment so as to identify employment barriers that adversely affect members from Designated Groups.

How does the Employment Equity Act impact on businesses?

Employment Equity is the law that promotes equity in the workplace, through achieving equality, by eliminating unfair discrimination and implementing transformation, as well as keeping in mind that all candidates need to be suitably qualified according to the inherent requirements of the job.

What is a eea1 form used for?

This form is used to obtain information from employees for the purpose of assisting employers with conducting an analysis on the workforce profile. Employers should use this form to ascertain which employees are from designated groups in terms of the Employment Equity Act, 55 of 1998.

When must the EE plan be submitted?

The deadline for employers to submit their annual 2021 employment equity (EE) reports is 15 January 2022. The submission of annual equity plans is prescribed in accordance with the Employment Equity Act. The reporting window opened on 1 September 2021 for both manual and online reporting.

What are the examples of employment equity?

Examples of equity in the workplace

  • Make job descriptions accessible.
  • Skills-based hiring.
  • Provide inclusive incentives.
  • Provide equitable access for all employees.
  • Empower your employees.
  • Ensure equitable benefits.
  • Re-evaluate your equity practices.

Who is affected by the employment equity Act?

4. Application of this Act. –(1) Chapter II of this Act applies to all employees and employers. (2) Except where Chapter III provides otherwise, Chapter III of this Act applies only to designated employers and people from designated groups.

Who qualifies for EE?

EE Inspector. REQUIREMENTS: National Diploma in Labour Law /Advanced Labour Law NQF 7/ Post grad in Labour Law NQF 8/ Law Degree/ BCOM Law. One to Two years functional experience in Inspection and Enforcement Services, functional experience in Employment Equity Inspections is an added advantage. Valid driving Licence.

What EEA 12?

EEA12 – Template for reporting on analysis conducted in terms of Section 19 of the Act. PURPOSE OF THIS FORM. Designated employers are expected to complete this template in order to comply with Section 19, which must include an analysis of their workforce profile, policies, procedures, practices and environment.

Who is affected by the Employment Equity Act?

What is the purpose of Basic Conditions of Employment Equity Act?

Background. The purpose of the Basic Conditions of Employment Act is to give effect to the right to fair labour practices, as referred to in Section 23 (1) of the Constitution, by establishing and providing for the regulation of basic conditions of employment.

Is the EEA1 form compulsory?

The EEA 1 form is a compulsory declaration form which must be completed by all employees to ensure the accuracy of information regarding the demographics for all employees such as race, gender, and disability status.

Who must complete the EEA1 form?

Collecting information and conducting an analysis (1) When a designated employer collects information contemplated in section 19 of the Act, the employer must request each employee in the workforce to complete a declaration using the EEA1 form.

What is the deadline for submitting employment equity plans for 2021?

15 January 2022
The deadline for employers to submit their annual 2021 employment equity (EE) reports is 15 January 2022. The submission of annual equity plans is prescribed in accordance with the Employment Equity Act. The reporting window opened on 1 September 2021 for both manual and online reporting.

When must the EE plan be submitted and to whom?

All employers who employ more than 50 employees must submit a report. If you employ less than 50 employees but have an annual turnover in excess of R2 million, you are also required to submit a report.

Why does EE mean employee?

equal employment
When used in the context of HR, or human resources, EE stands for “equal employment,” better known as “equal employment opportunity,” or “EEO,” catch-all terms that describe the various laws, regulations and jurisprudence that prohibit specific categories of discrimination in employment practices within the U.S.

What is the Employment Equity Amendment Act 47 of 2013?

The Employment Equity Amendment Act 47 of 2013 aims: to provide for the referral of certain disputes for arbitration to the Commission for Conciliation, Mediation and Arbitration; to make further provision regarding the evidentiary burden of proof in allegations of unfair discrimination;

When did the Employment Equity Act come into effect?

MEMORANDUM ON OBJECTS OF EMPLOYMENT EQUITY AMENDMENT BILL, 2012 1. BACKGROUND The Bill seeks to amend the Employment Equity Act, 1998 (Act No. 55 of 1998) (‘‘the EEA’’). The EEA is one of the cornerstones of South Africa’s labour legislation. The proposed amendments are the first amendments since the EEA came into operation in 1998.

What does the Amendment Act mean for employers?

The Amendment Act will also impact the extension of the jurisdiction of the Commission of Conciliation Mediation and Arbitration (CCMA) and the relationship between employers and the Department of Labour (DoL). The most noteworthy amendments are reviewed below.

What does the Amendment Act do to the EEA?

The Amendment Act repeals sections 39 and 40 of the EEA, which provided for the objection to and appeals from compliance orders issued by a labour inspector in terms of section 37 (1). Any references to objections to compliance orders in other provisions in the EEA have also now been deleted.