Employment equity act 349 kb act current to 20200504 and last amended on 20171212. African employment law does not provide sufficient protection from polygraph testing. S 1, 4 amended by electronic communications security pty ltd act 68 of 2002 from 28 feb 2003. Implementing positive measures affirmative action to ensure the equitable representation of black people, women and the disabled at all levels in the work. The composite employment equity measure is defined as the ratio of the internal equity measure and labour market representation. Part 2 code of good practice on the integration of. Chapter 1 definitions, purpose, interpretation and application. Employment equity in federally regulated workplaces canada. According to this section, no person may discriminate directly or indirectly against an employee on the basis of race, gender, sex, pregnancy, marital. 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. Every employer should be in possession of at least these two documents the code of good practice and the user guide. Test question writers workforce act workkeys test question writers have realworld work experience, especially in healthcare, manufacturing, it, and green jobs.
Employment equity act 55 of 1998 people with disabilities. Part 2 code of good practice on the integration of employment equity into human. 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. Recognising that as a result of apartheid and other discriminatory laws and practices, there are disparities in employment, occupation and income within the national labour market. Employment equity is about equal opportunities to all in the workplace, eliminating unfair treatment and implementing affirmative action measures. 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 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. 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. 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. 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 employment equity act does not make it a criminal offence for an employer to conduct a test in violation of s 72.
Sexual harassment is a form of unfair discrimination based on. This is the current version and applies as from 1 august 2014, i. 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 3 of the employment equity act requires that employers take certain affirmative action measures to achieve employment equity in the workplace. Employment equity guide 1995 employment equity act kcy at law. Key aspects on the employment of people with disabilities employment equity regulations, 2014 code of good practice on the integration of employment equity into human resource policies and practices. Chapter ii of the employment equity act 55 of 1998 eea restricts employee testing.
The purpose of the act is to achieve equity in the workplace, by. Documents regulating tests in south africa psytech. The test of whether a ground is analogous to the listed grounds was whether the employment equity act. Employment equity frequently asked questions what is employment equity about. Psychometric testing and other similar assessments of an employee are prohibited unless the test or assessment being used has been. Implementing employment equity in your work place step 4 establishing and sustaining an employment equity plan september 2012 page 3 of 37 introduction step 4 is for organizations that have completedan employment equity plan it provides. The failure to consult with employees would constitute material noncompliance with the provisions of the act and potentially result in compliance orders being. The employment equity act 55 of 1998 the act was enacted to give effect to equality. Pdf this paper seeks to critically examine the employment equity act eea as an instrument of achieving employment equity in post apartheid south.
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. Section 61 of the eea deals with the prohibition of unfair discrimination. Employment equity guide 1995 employment equity act kcy at. Act labour relations act means the labour relations act, 1995 act no. Summary of the employment equity act, 55 of 1998, issued in terms of section 251 1. Employment equity amendment bill, 2018 the aforesaid representations must be marked for the attention of mr niresh singh or mr innocent makwarela and hand delivered, sent by registered post or emailed, within 60 days of publication of this notice to the following addresses.
Conditions of employment act labour relations act means the labour relations act, 1995 act no. Psychological testing and similar assessments are prohibited, unless the test is scientifically valid and reliable, can be applied fairly to all employees, and is not. 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. 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. The employment equity act, 1998 and other myths about the. Eea 3 summary of the employment equity act 55 of 1998.
There is no explicit provision on its use in the private sector. The employment equity achievement award is an annual award that publicly recognizes employers for outstanding achievement in employment equity in their workplaces for four designated groups. The main purpose of the employment equity act is to achieve equality in the work place by. The employment equity act 55 of 1998 the act was enacted to give effect to equality in terms of section 92 of the bill of rights in the constitution of the republic of south africa act 108 of 1996. The act acknowledges the need to take special measures to remedy past inequities and accommodate differences in order to make the workplace just and accessible to all.
The employment equity act, act 55 of 1998 eea makes provision for employment equity and matters incidental thereto. Employment equity act and unfair discrimination serr synergy. Employment equity meaning in the cambridge english. The employment equity act recognizes that what is fair is not necessarily that which is equal. Sexual harassment in the workplace in terms of the employment equity act, no 55 of 1998 act, harassment of an employee is a form of unfair discrimination and it is prohibited on any one or combination of grounds of unfair discrimination listed in the act. May 10, 2014 summary of the employment equity act, 55 of 1998, issued in terms of section 251 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. 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. Section 8 psychological testing is particularly relevant in terms of polygraph testing.
Chapter 1 definitions, purpose, interpretation and application 1. Pdf the employment equity act eea as an instrument for. Employment equity meaning in the cambridge english dictionary. Employment equity tools, resources, and publications are also provided to help employers fulfill their obligations under the employment equity act. The relationship between employment equity perceptions and.
Replacement of employment equity regulations 360 kb pdf. The purpose of this act is to achieve equity in the workplace by promoting equal opportunity and. I mildred nelisiwe oliphant, minister of labour, in terms of section 551 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. Employer obligations under the employment equity act. However, this legacy had created such pronounced disadvantages. Promoting equal opportunity and fair treatment through the elimination of unfair discrimination. Application of the employment equity act and diversity in the. The employment equity act is federal legislation, and as such, applies only to a narrow group of industries that are federally regulated under the canadian constitution. Psychometric test questions and answers pass with 100%. Summary of the employment equity act, 55 of 1998, issued in. Once the test met the requirements, a certificate was issued. Employment equity plan notice is hereby given under section 54 2 of the employment equity act no.
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