The effectiveness of the employment equity act act 55 of 1998 in the public service with reference to the department of agriculture 20002006. We are the leading resource for freely available legislation in south africa and are used daily by thousands of professionals and industry leaders. Assented to 12 october, 1998 date of commencement to be proclaimed unless otherwise indicated english text signed by the president act. Ensure the implementation of affirmative action measures to redress employment disadvantages experienced by designated groups. After the 1994 general election equity became entrenched in legislation. The employment equity act, 1998 and other myths about the. Employment equity in the workplace ccma info sheet. Pdf employment equity at selected companies in south africa. Employment equity to promote equal opportunities beyond. Pdf south africas sa reentry into competitive global markets in the.
How the employment equity amendment act will affect you. Summary of the employment equity act, 55 of 1998, issued. 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. 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. Affirmative action employment act 29 of 1998 as he or she may consider necessary, to nominate for appointment as members of the commission such number of persons as may be specified in such request and to submit such nominations to the minister within such period as may be so specified. With acts you are guaranteed the latest and most up to date resource for your legislative needs.
Implications of the employment equity act and other. To promote equal opportunities and fair treatment to all in the workplace by eliminating unfair discrimination. Employment equity act other bibliographies cite this. Ebook or pdf edited book email encyclopedia article govt.
Substitution of subsection 1 in section 42 of act 55 of 1998 9. Pdf south african companies employing 50 or more employees or those. 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 issued a code of good practice on the preparation, implementation and monitoring of an employment equity plan, as set out in this schedule. Before the end of the term of its current employment equity plan, a designated employer must prepare a subsequent employment equity plan. Lessons for the effective implementation of employment equity in south africa are identified. The main purpose of the employment equity act is to achieve equality in the work place by. The effectiveness of the employment equity act4dumi.
The purpose of this research project was to investigate the extent to which the. Eea 3 summary of the employment equity act 55 of 1998. The act states that employment equity means more than treating persons the same way but also. Employment equity act 55 of 1998 1 august 2014 to date this is the current version and applies as from 1 august 2014, i.
Code of good practice on equal payremuneration for work of equal value published in gn 448 in gg 38837 of 1 june 2015 code. Section 2 the purpose of the act is to achieve equity in the workplace, by. Implementing positive measures affirmative action to ensure the equitable representation of black people. Equal pay for work of equal value 5 employment equity amendment act 47 of 20 effective 1 august 2014 section 6 employment equity regulations 1 august 2014 effective from date of publication criteria for assessment factors of differentiation code of good practice 1 june 2015 guidelines on implementing. Promoting equal opportunity and fair treatment through the elimination of unfair discrimination. The provisions dealing with the prohibition of discrimination contained in chapter 2 have been extensively amended. 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. The effectiveness of the employment equity act act 55 of 1998 in. Chapter 1 definitions, purpose, interpretation and application. Summary of the employment equity act, 55 of 1998, issued in terms of section 251 1. It is this section that first merges the concept of demographics.
Employment equity law is a subscription based product including both the printed looseleaf and lexismobile publications. The president may determine different dates in respect of different provisions of this act. The effectiveness of the employment equity act act 55 of. The employment equity act, 1998, holds unique challenges for organisations to. An assessment of employment bbbee developments in equity. The failure to consult with employees would constitute material noncompliance with the provisions of the act and potentially result in compliance orders being. Employment equity act 55 of 1998 chapter one definitions, purpose, interpretation and application ss 14 1. These are the sources and citations used to research employment equity act. Legal framework the code is issued in terms of section 541a of the employment equity act, no. Dissertation submitted in fulfilment of the requirements. Employment equity act 55 of 1998 people with disabilities.
The electronic irish statute book eisb comprises the acts of the oireachtas parliament, statutory instruments, legislation directory, constitution and a limited number of pre1922 acts. The employment equity legislation together with other labour legislation is there to undo longstanding segregation policies. The employment equity act, act 55 of 1998, was established to address unfair discrimination and ensure equality in the work place. Employment equity act 55 of 1998 or eea, as amended by the employment equity amendment. South africa has patterned its employment equity act and a part of the constitution act, such as section 9 2 of the bill of rights in its constitution of 1996 after canada and passed the broadbased black economic. 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. Acts online provides legislation, including amendments and regulations, in an intuitive, online format. Basic conditions of employment act 1997 loaded on 20501.
Promote equality in the workplace, eliminate unfair discrimination, and. The following subsection is substituted for subsection 1 of section 42 in the principal 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 law is a comprehensive guide to the field of employment equity. Employment equity act, no 55 of 1998, 2015 your bibliography. Updates for 12 months print and mobile are included in the price. This act contains provisions that promote employment equity, including provisions prohibiting unfair discrimination, regulating affirmative action and establishing a commission for employment equity.
Employment equity act, 55 of 1998 western cape government. 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 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. Every employer should be in possession of at least these two documents the code of good practice and the user guide. Act, which appoints it as a designated employer in terms of this.
Employment equity act act 55 of 1998, in the agriculture sector has produced mixed results. Section 2 the purpose of the act is to achieve equity in the workplace, by a. The employment equity act 55 of 1998, as amended the act constitutes one of the key legislative and policy interventions within the ethos of south africas new constitution to give effect to the provisions relating to removal of policies and practices which result in inequalities in the country. While there is some research on the challenges of implementing the eea legislation in universities, there is a paucity of research on the difficulties faced by further education and training fet colleges. 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 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.
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