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
- Definitions
- Purpose of this Act
- Interpretation of this Act
- Application of this Act
CHAPTER II
PROHIBITION OF UNFAIR DISCRIMINATION
- Elimination of unfair discrimination
- Prohibition of unfair discrimination
- Medical testing
- Psychometric testing
- Applicants
- Disputes concerning this Chapter
- Burden of proof
CHAPTER III
AFFIRMATIVE ACTION
- Application of this Chapter
- Duties of designated employers
- Voluntary compliance with this Chapter
- Affirmative action measures
- Consultation with employees
- Matters for consultation
- Disclosure of information
- Analysis
- Employment equity plan
- Report5
- Publication of report
- Successive employment equity plans
- Designated employer must assign manager
- Duty to inform
- Duty to keep records
- Income differentials
CHAPTER IV
COMMISSION FOR EMPLOYMENT EQUITY
- Establishment of Commission for Employment Equity
- Composition of Commission for Employment Equity
- Functions of Commission for Employment Equity
- Staff and expenses
- Public hearings
- Report by Commission for Employment Equity
CHAPTER VI
GENERAL PROVISIONS
- State contracts
- Codes of good practice
- Regulations
- Delegations
- Temporary employment services
- Designation of organs of state
- Breach of confidentiality
- Liability of employers
- Obstruction, undue influence and fraud
- This Act binds the State
- Application of Act when in conflict with other laws
- Repeal of laws and transitional arrangements
- Short title and commencement
CHAPTER V
MONITORING, ENFORCEMENT AND LEGAL PROCEEDINGS
PART A
Monitoring
- Monitoring by employees and trade union representatives
Enforcement
- Powers of labour inspectors
- Undertaking to comply
- Compliance order
- Limitations
- Objections against compliance order
- Appeal from compliance order
- Register of designated employers
- Assessment of compliance
- Review by Director-General
- Outcome of Director-General's review
- Failure to comply with Director-General's recommendation
PART B
Legal proceedings
- Conflict of proceedings
- Consolidation of proceedings
- Powers of commissioner in arbitration proceedings
- Jurisdiction of Labour Court
- Powers of Labour Court
PART C
Protection of employee rights
- Protection of employee rights
- 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