Contents | Western Cape Government

Contents

EMPLOYMENT EQUITY ACT
NO. 55 OF 1998

[ASSENTED TO 12 OCTOBER, 1998]
[DATE OF COMMENCEMENT TO BE PROCLAIMED]

(Unless otherwise indicated)

(English text signed by the President)

ACT

To provide for employment equity; and to provide for matters incidental thereto.

Preamble.--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; and

that those disparities create such pronounced disadvantages for certain categories of people that they cannot be redressed simply by repealing discriminatory laws,

Therefore, in order to--

promote the constitutional right of equality and the exercise of true democracy;

eliminate unfair discrimination in employment;

ensure the implementation of employment equity to redress the effects of discrimination;

achieve a diverse workforce broadly representative of our people;

promote economic development and efficiency in the workforce; and

give effect to the obligations of the Republic as a member of the International Labour Organisation,

 

ARRANGEMENT OF SECTIONS

CHAPTER I
DEFINITIONS, PURPOSE, INTERPRETATION AND APPLICATION

  1. Definitions
  2. Purpose of this Act
  3. Interpretation of this Act
  4. Application of this Act

CHAPTER II
PROHIBITION OF UNFAIR DISCRIMINATION

  1. Elimination of unfair discrimination
  2. Prohibition of unfair discrimination
  3. Medical testing
  4. Psychometric testing
  5. Applicants
  6. Disputes concerning this Chapter
  7. Burden of proof

CHAPTER III
AFFIRMATIVE ACTION

  1. Application of this Chapter
  2. Duties of designated employers
  3. Voluntary compliance with this Chapter
  4. Affirmative action measures
  5. Consultation with employees
  6. Matters for consultation
  7. Disclosure of information
  8. Analysis
  9. Employment equity plan
  10. Report5
  11. Publication of report
  12. Successive employment equity plans
  13. Designated employer must assign manager
  14. Duty to inform
  15. Duty to keep records
  16. Income differentials

CHAPTER IV
COMMISSION FOR EMPLOYMENT EQUITY

  1. Establishment of Commission for Employment Equity
  2. Composition of Commission for Employment Equity
  3. Functions of Commission for Employment Equity
  4. Staff and expenses
  5. Public hearings
  6. Report by Commission for Employment Equity

CHAPTER VI

GENERAL PROVISIONS

  1. State contracts
  2. Codes of good practice
  3. Regulations
  4. Delegations
  5. Temporary employment services
  6. Designation of organs of state
  7. Breach of confidentiality
  8. Liability of employers
  9. Obstruction, undue influence and fraud
  10. This Act binds the State
  11. Application of Act when in conflict with other laws
  12. Repeal of laws and transitional arrangements
  13. Short title and commencement

CHAPTER V
MONITORING, ENFORCEMENT AND LEGAL PROCEEDINGS

PART A

Monitoring

  1. Monitoring by employees and trade union representatives

Enforcement

  1. Powers of labour inspectors
  2. Undertaking to comply
  3. Compliance order
  4. Limitations
  5. Objections against compliance order
  6. Appeal from compliance order
  7. Register of designated employers
  8. Assessment of compliance
  9. Review by Director-General
  10. Outcome of Director-General's review
  11. Failure to comply with Director-General's recommendation

PART B

Legal proceedings

  1. Conflict of proceedings
  2. Consolidation of proceedings
  3. Powers of commissioner in arbitration proceedings
  4. Jurisdiction of Labour Court
  5. Powers of Labour Court

PART C

Protection of employee rights

  1. Protection of employee rights
  2. Procedure for disputes

Schedule 1 Maximum permissible fines that may be imposed for contravening this Act
Schedule 2 Laws repealed
Schedule 3 Transitional arrangements
Schedule 4 Turnover threshold applicable to designated employers

The content on this page was last updated on 28 August 2013