EMPLOYMENT EQUITY COMPLIANCE

Employment Equity Reporting, Plans and Planning

Employment Equity and Planning

The South African Government aims to promote equality of outcomes in the South African workplace with the Employment Equity Act 55 of 1998. As with all legislation, those who are compelled to invest in the proposed outcomes, find the concept ignominious. The government of the day finds the pococurante efforts of the disdaining, but alas, who would refuse to comply if, apart from not paying the penalties, it all and after all made business sens?

To make Employment Equity easy to understand, please invest a negligible amount of time to the question-and-answer format below.

1. Who should submit an Employment Equity Report and draft an Employment Equity Plan?

All designated employers.

A designated employer means:

  • A person who employs 50 or more employees; or
  • A person who employs fewer than 50 employees but has a total annual turnover that is equal to the specific industry limit.
Industry Limit:
Agriculture
R6m
Mining and Quarrying
R22.5m
Manufacturing
R30m
Electricity, Gas and Water
R30m
Construction
R15m
Retail and Motor Trade and Repair Service
R45m
Wholesale Trade, Commercial Agents and Allied Services
R75m
Catering, Accommodation and other Trade
R15m
Transport, Storage and Communications
R30m
Finance and Business Services
R30m
Community, Special and Personal Services
R15m

A designated group means:

  • All Africans, Coloureds and Indians, Women and People with disabilities

2. ANNUAL REPORTING DEADLINE:

  • Manual Submission : 1 October
  • Electronic Submission: 15 January

3. THE OBJECTIVES/PURPOSE OF THE EMPLOYMENT EQUITY ACT ARE:

  • Promoting equal opportunity and fair treatment in employment through the elimination of unfair discrimination; and

  • Implementing affirmative action measures to re-address the disadvantages in the employment experienced by designated groups, in order to ensure their equitable representation in all occupational categories and levels in the workforce.

    Discrimination – Policies and Practices

    Employers must remove unfair discrimination from all their policies and practices.

    Based on Legislation in Section 5, of the Employment Equity Act

    Definitions

    Nobody may discriminate against workers because of their –

    o race;
    o gender;
    o sex;
    o pregnancy;
    o marital status;
    o family responsibility;
    o ethnic or social origin;
    o colour;
    o sexual orientation;
    o age
    o disability;
    o religion;
    o HIV status;
    o conscience;
    o belief;
    o political opinion;
    o culture;
    o language; or
    o birth.

    Based on Legislation in Section 6, of the Employment Equity Act

    When is Discrimination Not Unfair?

    It is not unfair discrimination to –

    o apply affirmative action; or
    o exclude or prefer people because of certain requirements of a job (e.g. to exclude blind workers from driving a bus).

    Based on Legislation in Section 6, of the Employment Equity Act

    Disputes

    Workers must refer disputes about unfair discrimination to the CCMA in writing within 6 months.

    Based on Legislation in Section 10, of the Employment Equity Act.

4. EMPLOYMENT EQUITY LAW INCLUDES:

  • The Basic Conditions of the Employment Act;
  • The Unemployment Insurance Act;
  • The Occupational Health and Safety Act;
  • The Labour Relations Act;
  • The Skills Development Act;
  • Any other Act, whose administration has been assigned to the Minister.

5. EMPLOYMENT POLICY OR PRACTICE INLCUDES:

  • Recruitment procedures;
  • Appointments and the appointment process;
  • Job classifications;
  • Remuneration, employment benefits and terms and conditions of employment (remuneration, wages, leave, working hours, overtime, bonuses, medical, pension, etc);
  • Job assignments;
  • Keeping records;
  • The working environment and facilities;
  • Training and development;
  • Performance evaluations systems;
  • Promotions;
  • Transfers;
  • Demotions;
  • Disciplinary measures other than dismissal;
  • Dismissals.

6. AFFIRMATIVE ACTION MEASURES MEANS:

  • Appointment of members from designated groups;
    Increasing the pool of available candidates;
  • Training and development of people from designated groups;
  • Promotion of people from designated groups;
    Retention of people from designated groups;
  • Reasonable accommodation (for disabled employees in the workplace);
  • Steps to ensure that members from designated groups are appointed in such positions that they are able to meaningfully participate in decision-making processes;
  • Steps to ensure that the corporate culture of the past is transformed in a way that affirms diversity in the workplace and harnesses the potential of all employees (discrimination of race, gender, disability and religious accommodation).

7. HOW TO TURN EMPLOYMENT EQUITY TO YOUR BUSINESS ADVANTAGE?

  • Involvement and commitment from top management to comply with the provisions of the Act;
  • Your EE Plan is integrated with the Organisation’s Business Plan/Strategy;
  • A culture which appreciates and utilises diversity in the organization;
  • All employment barriers and areas of discrimination are removed;
  • Processes and Mechanisms are put into place that will enable you to identify and select required competent people from designated groups;
  • To give correct training and development;
  • Consultation leads to undertaking and buy-in from the workforce and line management;
  • EE is integrated with, and into, a comprehensive human asset management and development system.

8. INFORMATION REQUIRED FOR SUBMISSION?

  • Employee Profile
  • Past Twelve Months: Appointments, Resignations and Promotions
  • Numerical Goals : 1 Year and 5 Year
  • Barriers and Affirmative Action