Implementing positive measures affirmative action to ensure the equitable representation of black people. Published under general notice 57 in government gazette 27865 dated 4 august 2005. Proactively advance workers previously discriminated against, via affirmative action applies to designated employers and employees from. In this article we have examined the employment equity act eea no. Section 271 of the employment equity act 55 of 1998 act provides that every designated employer must submit an income differential statement to the employment conditions commission on the remuneration and benefits received in each occupational level of that employers. 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. I mildred nelisiwe oliphant, minister of labour, in terms of section 55 1 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. Affirmative action employment act 29 of 1998 gg 1962 brought into force, with the exception of section s 2, 1943 and 4548, on 18 november 1998 by gn 278 1998 gg 1996. May 10, 2014 summary of the employment equity act, 55 of 1998, issued in terms of section 251 1. Chapter 1 definitions, purpose, interpretation and application 1. Summary of the employment equity act, 55 of 1998, issued in terms of section 251 employment equity reporting employment equity act employment equity act amendments may 2006. Employment equity act and unfair discrimination serr synergy.
This is a pdf download of the employment equity act poster wall chart optimized for a1 printing. 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. To established levels of satisfaction of employees designated groups with the employment equity act, 55 of 1998 and employees within the work environment. 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. Pdf this paper seeks to critically examine the employment equity act eea as an. Ppt employment equity act no 55 of 1998 81 powerpoint. Employment equity act updated to 1 august 2014 act 55 of 1998 notice 23, g. Mildred nelisiwe oliphant, minister of labour, in terms of section 551 of the employment equity act.
The employment equity act protects you, and your rights, from any form of discrimination by your employer. What are the advantages of employment equity act answers. The main purpose of the employment equity act is to achieve equality in the work place by. Key aspects on the employment of people with disabilities vol. A designated employer means an employer who employs 50 or more employees, or has a total. Eea 3 summary of the employment equity act 55 of 1998. Key aspects on the employment of people with disabilities government notice depar. This form contains the format for income differential statement to be completed by designated employers to the employment conditions commission. Section 2 the purpose of the act is to achieve equity in the workplace, by a. Promoting equal opportunity and fair treatment through the elimination of unfair discrimination. 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. Act 55 of 1998 darcy du toit this act must be interpreted in compliance with the international law obligations of the republic, in particular those contained in the international labour organisation convention no 111 concerning discrimination in respect of employment and occupation.
Summary of the employment equity act, 55 of 1998, issued. Employment equity act no 55 of 1998 81 1 employment equity act no 55 of 1998 81 2 purpose of ee act 81 redress past discrimination. The employment equity act requires that employers remove barriers to employment that disadvantage certain groups of society. This form enables employers to comply with section 27 1 of the employment equity act 55 of 1998 as amended. Employment equity act 55 of 1998, skills development, act 97 of 1998 and skills development levies act 9 of 1999 jutas statutes editors on. The employment equity act protects you, and your rights, from any form of discrimination by. Definitions, purpose, interpretation and application. Legal framework the code is issued in terms of section 541a of the employment equity act, no. 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 1. Bbbee and labour employment 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. The provisions dealing with the prohibition of discrimination contained in chapter 2 have been extensively amended. 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 act 55 of 1998 people with disabilities. Employment equity act 55 of 1998 chapter one definitions, purpose, interpretation and application ss 14. 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. Part 2 code of good practice on the integration of employment equity into human. According to this section, no person may discriminate directly or indirectly against an employee on the basis of race, gender, sex, pregnancy, marital. Summary of the employment equity act, 55 of 1998, issued in. Section 6 1 of the eea deals with the prohibition of unfair discrimination. Summary of the employment equity act, 55 of 1998, issued in terms. South africa is one of the most culturally, racially and economically diverse countries in the world. See act for various commencement dates amendments to the code of good practice on the handling of sexual harassment cases in the workplace. Eliminate unfair discrimination applies to all employers. They must also display a summary of the provisions of the act in all languages relevant to the workforce. Comprehensive introduction to eea pdf labour smart.
This study will also make use of qualitative and quantitative research methods. Employment equity is about equal opportunities to all in the workplace, eliminating unfair treatment and implementing affirmative action measures. In order to ensure that the implementation of the employment equity act. The employment equity act, act 55 of 1998 eea makes provision for employment equity and matters incidental thereto. Employment equity act 55 of 1998 of south africa and psychometric testing in the sandf. Chapter 2 of the bill of rights, as contained in the constitution of south africa, enshrines the rights of all people in south africa and affirms the democratic values of human dignity, equality and freedom. Department of labour employment equity act, act no. Employment equity act 55 of 1998 1 august 2014 to date this is the current version and applies as from 1 august 2014, i. Employment equity frequently asked questions what is employment equity about. Employment equity act summary western cape government. The act on which affirmative action is based, the employment equity act no 55 of 1998 recognises. 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. The employment equity act, 55 of 1998 the eea is mainly divided into two main sections, one dealing with affirmative action, and the other with unfair discrimination, within a working environment.
The code is issued in terms of section 541a of the employment equity act, no 55 of 1998 and is based on the principle that no person may be unfairly discriminated against. By andre van heerden, senior associate and chelsea roux, candidate attorney. Pdf the employment equity act eea as an instrument for. Chapter 1 definitions, purpose, interpretation and application. Part 2 code of good practice on the integration of employment equity. Compensation for occupational injuries and diseases course. Unfair discrimination act 4 of 2000, and employment equity act 55 of 1998. The code is a guide for employers and employees on key aspects of promoting equal. Commencement of regulation to the employment equity act, 1998 act no. The following subsection is substituted for subsection 1 of section 42 in the principal act. Compensation for occupational injuries and diseases course includes the latest coida amendment bill, 2018 and compensation for occupational injuries and diseases course labour guide summary of the employment equity act, 55 of 1998, issued in terms of section 251. In south africa, the implementation of employment equity generates a lot of debate among academics in different disciplines, between political parties and the society in general. Employment equity act 55 of 1998 chapter one definitions, purpose, interpretation and application ss 14 1. Stages in an arbitration hearing telephonic conciliation process.
Code of good practice on equal payremuneration for work of equal value published in gn 448 in gg 38837 of 1 june 2015 code. Chapter 2 of the act, dealing with unfair discrimination, applies to all employees and employers. Substitution of subsection 1 in section 42 of act 55 of 1998 9. Chapter iii sections 12 27 applies to designated employers. In the south african context, apartheid provides both a justification for the employment equity act6 and its implementation. Statement of income differentials in terms of section 27 of the act. New eea form issued in terms of the employment equity act. Eea 3 a summary of the employment equity act, 55 of 1998, as amended issued in terms of section 25 1 department of labour. Employment equity act 55 of 1998 of south africa and. Summary of the employment equity act, 55 of 1998 1. 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 act is to achieve equity in the workplace, by.
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