Employment equity is about equal opportunities to all in the workplace, eliminating unfair treatment and implementing affirmative action measures. Employment equity act 55 of 1998 1 august 2014 to date this is the current version and applies as from 1 august 2014, i. Implications of the employment equity act and other. Key aspects on the employment of people with disabilities vol. Employment equity explained summary of the employment equity act, 55 of 1998, issued in terms of section 251 1. Amendment of section 1 of act 55 of 1998, as amended by section 40 of act 65 of 2002, section 26 of act 68 of 2002 and section 25 of act 52 of 2003 1. Section 2 the purpose of the act is to achieve equity. 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.
According to that act, reasonable accommodation means any modification or adjustment to a job or. Summary of the employment equity act, 55 of 1998 1. 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. Summary of the employment equity act, 55 of 1998, issued in terms of section 251 1. Eea 3 a summary of the employment equity act, 55 of 1998, as amended issued in terms of section 25 1 department of labour. 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. The impact of employment equity on the job satisfaction of. Code of good practice on equal pay for work of equal value. Basic conditions of employment act 1997 loaded on 20501. Application of the employment equity act and diversity in the. The provisions dealing with the prohibition of discrimination contained in chapter 2 have been extensively amended.
Section 20 is amended by the insertion of the following after subsection 2 2a the numerical goals set by an employer in terms of subsection 2 must comply. Summary of the employment equity act, 55 of 1998, issued in. If your employment policies and practices are in order and are regularly audited to ensure these dont unfairly discriminate, the eeaa will have. 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.
Act, which appoints it as a designated employer in terms of this. Employment equity an unfair discrimination johanette. The study involves an assessment of the effectiveness of employment equity act, 55 of 1998 eea in the south african public service, with specific reference to the department of agriculture doa and problems the doa encounters in realising the main objectives of the abovementioned act. Promoting equal opportunity and fair treatment through the elimination of unfair discrimination. We are the leading resource for freely available legislation in south africa and are used daily by thousands of professionals and industry leaders. The first employment equity plan of the department was for the period 20002004. Employment equity act, 1998 act no 55 of 1998 as amended, and on the advice of the commission for employment equity, publish the draft revised draft code of good practice on the employment of persons with disabilities for public comment effective from the date of publication. The purpose of the employment equity act 55 of 1998, according to section. Section 64 of the eea prohibits unfair discrimination in terms and conditions of employment between employees performing the same or. The employment equity act eea, no 55, of 1998 was promulgated as a response by the democratic south african government to its apartheid predecessor and other discriminatory laws and practices which had created disparities in employment, occupation and income within the labour market. Pdf south africas sa reentry into competitive global markets in the.
The purpose of the act is to achieve equity in the workplace, by. Employment equity to promote equal opportunities beyond. The effectiveness of the employment equity act act 55 of 1998 in the public service with reference to the department of agriculture 20002006. 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. Employment equity act no 55, of 1998 code of good practice on key aspects of disability in the workplace draft for public comments foreword widespread ignorance, fear and stereotypes cause people with disabilities to be unfairly. However, this legacy had created such pronounced disadvantages. Definitions in this act, unless the context otherwise indicatesbasic conditions of employment act means the basic conditions of employment act, 1997 act no. It is this section that first merges the concept of demographics. The employment equity amendment act eeaa took effect on 1 august 2014 and the question on most peoples lips is. Preamble recognising that as a result of apartheid and other discriminatory laws and practices, there are disparities in employment, occupation and income within the. Chapter 1 definitions, purpose, interpretation and application. The directorgeneral dg of the department of labour dol is tasked with this duty. Constitutional court of south africa case cct 7815. Commencement of regulation to the employment equity act, 1998 act no.
Code of good practice on equal payremuneration for work of equal value published in gn 448 in gg 38837 of 1 june 2015 code. Summary of the employment equity act, 55 of 1998, issued. This act contains provisions that promote employment equity, including provisions prohibiting unfair discrimination, regulating affirmative action and establishing a commission for employment equity. The employment equity act, act 55 of 1998, was established to address unfair discrimination and ensure equality in the work place. Employment equity act, act 55 of 1998, for public comment. Employment equity act 55 of 1998 or eea, as amended by the employment equity amendment. The effectiveness of the employment equity act act 55 of. Implementing positive measures affirmative action to ensure the equitable representation of black people. The president may determine different dates in respect of different provisions of this act. Application of the employment equity act and diversity in. 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. See act for various commencement dates amendments to the code of good practice on the handling of sexual harassment cases in the workplace. When opportunities and reasonable accommodation is provided, people with disabilities can contribute valuable skills and abilities to every workplace, and contribute to the economy of our society.
Monitoring of employment equity plans regulations under the employment equity act 55 of 1998 act to provide for employment equity. Employment equity frequently asked questions what is employment equity about. In south africa, reasonable accommodation is ensured through the employment equity act no. Notice is hereby given that the code of good practice. This act was passed to promote the constitutional right of equality and exercise true democracy. Key aspects on the employment of people with disabilities government notice depar. Employment equity in the workplace ccma info sheet. Section 2 the purpose of the act is to achieve equity in the workplace, by. The effectiveness of the employment equity act4dumi.
To promote equal opportunities and fair treatment to all in the workplace by eliminating unfair discrimination. 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. Chapter 1 definitions, purpose, interpretation and application 1. The effectiveness of the employment equity act act 55 of 1998 in. A south african perspective by dumisani zondi submitted in partial fulfilment of the requirements for the degree of master of administration public administration in the. Overview of the amendments to the employment equity act. Employment equity compliance contents 1 legal compliance. Published under general notice 57 in government gazette 27865 dated 4 august 2005. Employers can also volunteer to become designated employers. The employment equity amendment bill, published on 19 october 2012, signifies the first proposed amendments to the employment equity act, no 55 of 1998 eea since its enactment in 1998.
As mentioned previously affirmative action was introduced through the employment equality act, 55 in 1998, 4 years after the end of apartheid. 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. According to the amendment, direct or indirect unfair discrimination will also include a differentiation in terms and conditions of employment of employees doing the same or similar. The code is a guide for employers and employees on key aspects of promoting equal. With acts you are guaranteed the latest and most up to date resource for your legislative needs.
Assented to 12 october, 1998 date of commencement to be proclaimed unless otherwise indicated english text signed by the president act. The study aims to combine the fields of human resources. Code of good practice on equal pay for work of equal value description draft code of good practice on equal pay for work of equal value employment equity act, 1998 act 55 of 1998 as amended 29 september 2014 category employment equity sub category codes of good practice and regulations document type forms filename code of conduct equal. Notice is hereby given under section 54 2 of the employment equity act no. Any decent lawyer will tell you that it all depends. Bbbee and labouremployment equity in a calabash introduction the employment equity act eea has been put in place in order to address certain imbalances in the workplace due to past discriminatory practices in south africa. Eea 3 summary of the employment equity act 55 of 1998.
The employment equity actopen access 55 of 1998 eea has been amended to include a specific provision dealing with equal pay claims in the form of section 64. Employment and occupation pdf file on ehrc website. Section 2 the purpose of the act is to achieve equity in the workplace, by a. A designated group means black people, women, or people with disabilities. The main purpose of the employment equity act is to achieve equality in the work place by. Legislation if youd like to talk to us about a project, or anything else, wed love to hear from you. Section 6 of the employment equity act 55 of 1998 is amended 1 to include a new sub section 4 which brings in the principle of equal pay for work of equal value. Objective the objective of this code is to provide guidelines of good practice, in terms of the requirements of the employment equity act, 1998 act no 55 of 1998 hereafter referred to as the act, for the preparation and implementation of an employment equity. Acts online provides legislation, including amendments and regulations, in an intuitive, online format. Employment equity act 55 of 1998 people with disabilities.
Employment equity plan notice is hereby given under section 54 2 of the employment equity act no. How the employment equity amendment act will affect you. A designated employer means an employer who employs 50 or more employees, or has a total annual turnover as reflected in schedule 4 of the act, municipalities and organs of state. Equal pay for work of equal value 5 employment equity amendment act 47 of 20 effective 1 august 2014 section 6 employment equity regulations 1 august 2014 effective from date of publication criteria for assessment factors of differentiation code of good practice 1 june 2015 guidelines on implementing. 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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