The employment equity act eea as an instrument for employment equity in the south african labor market article pdf available may 2014 with 744 reads how we measure reads. The employment equity act protects you, and your rights, from any form of discrimination by your employer. The employment equity act, 1998 and other myths about the pursuit of equality, equity and dignity in postapartheid south africa part 2 am louw summary the author critically examines the organising principle of the affirmative action. The workplace relations commission is the place to bring a discrimination claim under the employment equality acts 19982015 using the online complaint form available on workplacerelations. Summary of the employment equity act, 55 of 1998, issued in. Employment equity plan notice is hereby given under section 54 2 of the employment equity act no.
Eea 3 summary of the employment equity act 55 of 1998. Employment equity an unfair discrimination johanette. Summary of the employment equity act, 55 of 1998 1. In order to assist employers, the department of labour published a code of good practice on the preparation, implementation and monitoring of employment equity plans. 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. Employment equity strategy 6 section 20 section 20 of the employment equity act nr 55 of 1998 stipulates that a designated employer must prepare and implement an employment equity plan which will achieve reasonable progress towards employment equity in. The main purpose of the employment equity act is to achieve equality in the work place by.
Code of good practice on equal payremuneration for work of equal value published in gn. Employment equity act summary western cape government. The employment equity act, 1998 and other myths about the pursuit. 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. The provisions dealing with the prohibition of discrimination contained in chapter 2 have been extensively amended. Ee nomination form, document, labour law, south africa, pdf. 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.
The effectiveness of the employment equity act act 55 of 1998 in the public service with reference to the department of agriculture 20002006. The employment equity act, 1998 and other myths about the. Application of the employment equity act and diversity in. Act, which appoints it as a designated employer in terms of this. Application of the employment equity act and diversity in the mining industry by tlhatlosi mannete martha.
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. Pdf this paper seeks to critically examine the employment equity act eea as an instrument of. This is a pdf download of the employment equity act poster wall chart optimized for a1 printing. 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.
Summary of the employment equity act, 55 of 1998, issued in terms of section 251 1. 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. Code of good practice on equal payremuneration for work of equal value published in gn 448 in gg 38837 of 1 june 2015 code. 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. Using the url or doi link below will ensure access to this page indefinitely. The author critically examines the organising principle of the affirmative action provisions of the employment equity act or eea, as well as the implications of the recent judgment by the constitutional court in its first case involving the application of affirmative action in the employment context and in terms of the eea saps v solidarity obo barnard. 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 plan hereafter referred to as the plan.
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. Employment equity in the workplace ccma info sheet. Chapter 1 definitions, purpose, interpretation and application 1. The purpose of the act is to achieve equity in the workplace, by. The employment equity act eea, no 55, of 1998 was promulgated as a. The following subsection is substituted for subsection 1 of section 42 in the principal act. Section 2 the purpose of the act is to achieve equity.
Preparation, implementation and monitoring of employment equity plans regulations under the employment equity act 55 of 1998 act to provide for employment equity. 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. 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 act 55 of 1998 and regulations lexisnexis sa. South africa is one of the most culturally, racially and economically diverse countries in the world. The employment equity act, 1998 and other myths about the pursuit of equality, equity and dignity in postapartheid south africa part. The act states that employment equity means more than treating persons. Eea 3 summary of the employment equity act 55 of 1998 description eea 3 a summary of the employment equity act, 55 of 1998, as amended issued in terms of section 251 category lra forms sub category department of labour document type forms filename 3. The president may determine different dates in respect of different provisions of this act. 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 employment equity act was the major driving force behind this, aimed at eliminating. It investigates or mediates claims of unlawful discrimination under equality legislation. Promoting equal opportunity and fair treatment through the elimination of unfair discrimination.
Employment equity act 55 of 1998 1 august 2014 to date this is the current version and applies as from 1 august 2014, i. Replacement of employment equity regulations 360 kb pdf. 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. Employment equity, as defined in federal canadian law by the employment equity act, requires federal jurisdiction employers to engage in proactive employment practices to increase the representation of four designated groups. 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.
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. The effectiveness of the employment equity act4dumi. Application of the employment equity act and diversity in the. Employment equity act mangaung metropolitan municipality. Summary of the employment equity act, 55 of 1998, issued. 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. Pdf the employment equity act eea as an instrument for. Employment equity act, 1998 act 55 no of 1998 as amended, and on the advice of the commission for employment equity, hereby publish draft employment equity regulations made in terms of the employment equity act, act 55 of 1998, for public comment. Employment equity amendment act 47 of 20 came into force on 1 august 2014. Following the transition to democracy in 1994, the african national congressled government chose to implement affirmative action legislation to correct previous imbalances a policy known as employment equity. 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.
Employment equity definition of employment equity by the. The code is a guide for employers and employees on key aspects of promoting equal. South african a policy or programme designed to reserve jobs for people formerly disadvantaged under apartheid 2. South african a policy or programme designed to reserve jobs. Recently, video and podcast material has been added to the site, including indepth video interviews with some of south africas leading opinion makers. Title ee nomination form description all designated employers are obliged in terms of the employment equity act 1998 to appoint an employment equity consultative forum where the employer meets with the unions and the employee representatives to consult on all matters of equity and equality, as directed by the act. Implementing positive measures affirmative action to ensure the equitable representation of black people. Substitution of subsection 1 in section 42 of act 55 of 1998 9. Section 2 the purpose of the act is to achieve equity in the workplace, by a. The employment equity act, 1998 and other myths about the pursuit of equality, equity and dignity in postapartheid south africa part 2. The employment equity act 55 of 1998 the act was enacted to give effect. Preparation, implementation and monitoring of employment equity plans notice is hereby given under section 54 of the employment equity act, 1998, that the minister of labour, having been advised by the commission for employment equity, has. Polity offers free access to south african legislation, policy documents and daily political news. I, membathisi mphumzi shepherd mdladlana, minister of labour, under section 55 of the employment equity act, 1998 act no.
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