Employment equity act 55 of 1998, skills development, act 97 of 1998 and skills development levies act 9 of 1999 paperback october 31, 2002. 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. Legal framework the code is issued in terms of section 541a of the employment equity act, no. In accordance with the employment equity act, 55 of 1998, the nwu is required to consult on matters regarding employment equity, to achieve. According to that act, reasonable accommodation means any modification or adjustment to a job or to the working environment that will enable a person from a designated group to have access to or participate or advance in employment. Implementation of the employment equity act 55 of 1998 by the. Code of good practice on employment of persons with disabilities no. Summary of the employment equity act, 55 of 1998, issued. Draft employment equity regulations, 2018, comments due by 20 november 2018 1mb pdf code of good practice on the preparation, implementation and monitoring of the employment equity plan 200kb pdf. Published under general notice 57 in government gazette 27865 dated 4 august 2005.
The purpose of the act is to achieve equity in the workplace, by. Employment equity act 55 of 1998 people with disabilities. With acts you are guaranteed the latest and most up to date resource for your legislative needs. Employment equity act 55 of 1998 chapter one definitions, purpose, interpretation and application ss 14 1. There is a perception that the number of women in middle and senior management positions has slightly improved, as appears in the doa organisational chart. Code of good practice on preparation, implementation and monitoring of employment equity plan no. Employment equity act other bibliographies cite this. Promoting equal opportunity and fair treatment through the elimination of unfair discrimination. 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. Governments failure to measure the impact of various affirmative action measures on the basis of need and disaggregated data, especially the. A designated employer means an employer who employs 50 or more employees, or has a total. Commencement of regulation to the employment equity act, 1998 act no. The effectiveness of the employment equity act act 55 of. Summary of the employment equity act, 55 of 1998, issued in.
Women and people with disabilities are encouraged to apply. The president may determine different dates in respect of different provisions of this act. Draft employment equity regulations, 2018, comments due by 20 november 2018 1mb pdf code of good practice on the preparation, implementation and monitoring of. Summary of the employment equity act, 55 of 1998, issued in terms of section 251 1.
In terms section 63 of the eea the harassment of an employee is a form of unfair. 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 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 act 55 of 1998, skills development, act 97 of 1998 and skills development levies act 9 of 1999 jutas statutes editors on. Replacement of employment equity regulations public comment. Definitions, purpose, interpretation and application. Eea 3 summary of the employment equity act 55 of 1998. 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. 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 updated to 1 august 2014 act 55 of 1998 notice 23, g. 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. Employment equity act act 55 of 1998, in the agriculture sector has produced mixed results. The following subsection is substituted for subsection 1 of section 42 in the principal act.
Key aspects on the employment of people with disabilities government notice depar. Implementation of the employment equity act 55 of 1998 by. Key aspects on the employment of people with disabilities vol. Employment equity act other bibliographies cite this for me. The act on which affirmative action is based, the employment equity act no 55 of 1998 recognises. 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 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. This form contains the format for employment equity reporting by designated employers to the.
The directorgeneral dg of the department of labour dol is tasked with this duty. Definitions in this act, unless the context otherwise indicatesbasic conditions of employment act means the basic conditions of employment act, 1997 act no. Act, which appoints it as a designated employer in terms of this. See act for various commencement dates amendments to the code of good practice on the handling of sexual harassment cases in the workplace. Section 64 of the eea prohibits unfair discrimination in terms and conditions of employment between employees performing the same or. Chapter 1 definitions, purpose, interpretation and application 1. We are the leading resource for freely available legislation in south africa and are used daily by thousands of professionals and industry leaders. As mentioned previously affirmative action was introduced through the employment equality act, 55 in 1998, 4 years after the end of apartheid. The effectiveness of the employment equity act act 55 of 1998 in the public service with reference to the department of agriculture 20002006. Ebook or pdf edited book email encyclopedia article govt.
Employment equity act summary western cape government. Basic conditions of employment act 1997 loaded on 20501. Employment equity act act 55 of 1998 hereafter referred to as eea. Eea 3 a summary of the employment equity act, 55 of 1998, as amended issued in terms of section 25 1 department of labour. Substitution of subsection 1 in section 42 of act 55 of 1998 9. Employment equity is about equal opportunities to all in the workplace, eliminating unfair treatment and implementing affirmative action measures. Introduction to draft sector code for the accounting profession for many years it has been suggested that eea9 in the employment equity act eea is a flawed structure because it fails to give proper effect to the elimination of. In south africa, reasonable accommodation is ensured through the employment equity act no. On the employment equity act 55 of 1998, specifically, see louw 2006 sa merc lj which will be referred to in more detail in the text below. The main purpose of the employment equity act is to achieve equality in the work place by. The main focus of this study is to determine how managers assess the implementation of the employment equity act 55 of 1998 hereafter referred to as employment equity act in. Summary of the employment equity act, 55 of 1998, issued in terms. The effectiveness of the employment equity act4dumi. The employment equity act, 55 of 1998s definition of designated groups and south africas system of data disaggregation is not in compliance with constitutional or international law obligations.
Harassment employment equity act act 55 of 1998 hereafter. Chapter 1 definitions, purpose, interpretation and application. Acts online provides legislation, including amendments and regulations, in an intuitive, online format. The main focus of this study is to determine how managers assess the implementation of the employment equity act 55 of 1998 hereafter referred to as employment equity act in the department of water affairs. Pdf the employment equity act eea as an instrument for. 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. This act was passed to promote the constitutional right of equality and exercise true democracy. To ensure that everyone enjoys equal opportunity and fair treatment in the workplace, the employment equity act, no 55 of 1998 was enacted. In this article we have examined the employment equity act eea no. 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. Implementing positive measures affirmative action to ensure the equitable representation of black people.
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