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EMPLOYMENT EQUITY

Employment_Equity.jpgThe Employment Equity Act contains provisions that promote employment equity in the workplace, including provisions prohibiting unfair discrimination, regulating affirmative action and establishing a Commission for Employment Equity. A major challenge for designated employers is to comply with the Employment Equity Act (EEA) requirements.

Some of the legislated requirements are:

  • Employers must consult with the unions and employees in order to make sure that the plan is accepted by everybody and to allow all parties to have fair input
  • Employers must analyse all employment policies, practices and procedures, and prepare a profile of their workforce in order to identify any problems relating to Employment Equity.
  • Employers must prepare and implement an employment Equity plan, setting out the affirmative action measures they intend taking to achieve the Employment Equity goals.
  • Employers must report to the Department of Labour on the implementation of the plan in order for the department to monitor their compliance.
  • Employers must display a summary of the provisions of the act to their workplace. 

DCS CONSULTING CAN ASSIST YOU IN STAYING COMPLIANT AND AVOIDING UNESSARY PENALTIES BY:

  • Assist and/or advice with employment equity strategy development and implementation
  • Aligning policies and procedures
  • Implementation of an EE Forum
  • Assist and/or advice with employment equity plan development and implementation
  • Assist and/or advice with employment equity reporting
  • In 2007 in more than 66 companies were fined by the Department of Labour between R100,000 to R900,000 each for non-compliance.
  • The main offences for which these companies were fined were:
    • Not submitting an EE plan
    • Not preparing an Individual Development Plan for each employee (IDP)
    • Not implementing the IDP
    • Not appointing a Senior Manager to take responsibility for Employment Equity
    • The DOL has upgraded its resources and is hot on the trail of defaulters
    • The excuse (for non-compliance) that the employer did not know how to implement EE has been invalidated by the new Code of Good Practice on the Integration of Employment Equity into HR Policy and Practice, Government Gazette No 27866, August 4 2005.
  • More stringent penalties are proposed in the EE amendment act 2011