The employment equity amendment bill, 2018 werksmans. The national disability prevalence rate in south africa is around 7,5%, but it could be. Contracts of employment may not disregard or waive collective. Words in bold type in square brackets indicate omissions from existing enactments. Basic conditions of employment act south african government. The president may determine different dates in respect of different provisions of this act. Employment equity in the workplace ccma info sheet. Bill to amend the basic conditions of employment act, 1997, so as to substitute and. Act is in the area of the application of affirmative action measures.
Amended by intelligence services act 65 of 2002 from 20 feb 2003. Strike or lockout not in compliance with this act 69. Act current to 20200116 and last amended on 20171212. S ebrahim per pelj 2017 20 1 1 introduction equal pay for equal work and work of equal value is recognised as a human right in international law.
Act, which appoints it as a designated employer in terms of this. Her majesty, by and with the advice and consent of the senate and house of commons of canada, enacts as follows. Compensation for occupational injuries and deceases. Summary of the employment equity act, 55 of 1998, issued in terms of section 251 1. The substantive and procedural fairness is discussed throughout this paper.
All downloads are provided by the department of labour. Amended by electronic communications security pty ltd act 68 of 2002 from 28 feb 2003. The employment equity act was recently amended for the first time since its inception in 1998, by means of the employment equity amendment act 47 of 20 which came into force on 1 august 2014 nearly to the hour exactly one month before the handing down of the constitutional courts judgment in barnard. Amended by general intelligence laws amendment act 52 of 2003 from 28 feb 2003. And does depression fall within the ambit of the definition of disability found within the employment equity act. Bcea 1a regulation 2 basic conditions of employment act, 1997 summary to be kept by an employer in terms of section 30 the following is a summary of the provisions of the most important sections of the basic. Conditions of employment act 75 of 1997 code of good. The employment equity act, 55 of 1998, deals with equity and equality rights which are protected in our constitution.
Chapter 1 definitions, purpose, interpretation and application 1. Section 53 provides that the equality act does not apply to any person to whom and to the extent to which the employment equity act, 1998 applies. Code of good practice on the integration of employment. 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. The purpose of the act is to achieve equity in the workplace, by.
The employment equity act states that at least 3% of the workforce should be employees with disabilities. Recruitment generally entails a process undertaken by a prospective employer, or a recruitment agent who acts on behalf of the prospective employer to attract or invite a candidate to apply for a position, to screen, select, test e. Summary of the employment equity act, 55 of 1998, issued. Compensation for occupational injuries and deceases pdf amended act. Logically therefore, it would normally be unacceptable to fire an employee who had withheld information related to these prohibited arbitrary criteria. Words underlined with a solid line indicate insertions in existing enactments.
Unfair discrimination act, 2000 equality act in that the cause of action arose from an employment relationship as contemplated under the employment equity act, 1988. Background facts 2 the employee, ms samka, worked at the fish hoek branch of shoprite. Each region has to develop an employment equity implementation plan aligned to the national plan and the same applies to each management area correctional centre and head office. Act 55 of 1998 eea against employer arising from employees. No 47 of 20 eeaa was promulgated into law on 1 august 2014 along with a new set of regulations introduced by. I will argue that the employment equity act s affirmative action provisions, very fundamentally, do not comply with the constitutional requirements for legitimate restitutionary measures, and that this could expose employers who implement such policies and programmes in the name and guise of the act to potential claims of unfair discrimination. Key aspects on the employment of people with disabilities set out in the schedule is issued by the minister of labour, on the advice of the commission for employment equity, in terms of section 541a of the employment equity act, 1998 act no.
Employment equity act, act 55 of 1988 the eea 17 the employer adopted its new employment equity plan on 8 may 20 retrospectively to 1 july 2012. It is committed to and will take steps to ultimately achieve employment equity in all its management levels and this employment equity plan focuses on the goals and objectives to move towards that goal. Notice is hereby given that the code of good practice on the integration of employment equity into human resource policies and practices set out in the schedule is issued by the minister of labour on the advice of the commission for employment equity, in terms of section 54 1 a of the employment equity act, 1998 act no 55 of 1998. The following subsection is substituted for subsection 1 of section 42 in the principal act. Thus, an employer must act substantively and procedurally fair. The purpose of the bill is to provide for the minister of labour to establish sectoral numerical targets to ensure the equitable representation of suitably qualified people from. Employment equity an unfair discrimination johanette. All such legislation was abolished following recommendations by the wiehahn commission of inquiry in 1979. Your guide to labour law in south africa labour guide. Disputes about whether a service is an essential service 74. Amended by employment equity amendment act 47 of 20 from 1 aug 2014. Canadian forces are a portion of the public sector employing one hundred or more employees for the purpose of subsection 41 of that act, order specifying that the sor2002420 canadian forces employment equity regulations sor2002421. By jacques van wyk, director and yusha davidson, candidate attorney. Section 193 provides for three remedies a court or arbitrator may order after ruling that a dismissal is unfair.
Employment equity act pdf skills development act pdf uif. The employment equity act, 1998 and other myths about the pursuit of equality, equity and dignity in postapartheid south africa part 1 2015 per 28. Employment equity amendment act 47 of 20 south african. Labour relations amendment act 42 of 1996 basic conditions of employment act 75 of 1997 employment equity act 55 of 1998 labour relations amendment act 127 of 1998 labour relations amendment act 12 of 2002. 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. Substitution of subsection 1 in section 42 of act 55 of 1998 9. The first employment equity plan of the department was for the period 20002004. Accordingly one of the ten objectives identified in section 2 of the marine living resources act, 18 of 1998 the act is. I a national employment equity pan will be developed and used by the entire department. The employment equity act, 1998 and other myths about. Do the labour relations acts dismissal categories provide depressed employees with adequate protection from unfair dismissals.
It initially submitted that the subsequent plan of 8. Sexual harassment is a form of unfair discrimination based on the grounds of sex, gender andor sexual orientation. Legal aspects in recruitment and selection johanette. For example, section 6 of the employment equity act eea prohibits discrimination against job applicants on a number of arbitrary grounds including race, gender, pregnancy, age and numerous others. Relevant legislation labour relations act, section 185.