The purpose of this Act is to provide for employment equity and to promote the constitutional right of equality and the exercise of true democracy. The intention is to eliminate unfair discrimination in employment.
This section sets out to whom this Act applies.
Compliance Obligations?
Chapter II applies to all employers and employees. Chapter III applies only to designated employers and employees, unless provided otherwise.
This section seeks to eliminate unfair discrimination.
Compliance Obligations?
Every employer must take steps to promote an equal opportunities work place and to eliminate unfair discrimination.
This section sets out what constitutes unfair discrimination and prohibits this from taking place.
Compliance Obligations?
No direct or indirect discrimination may take place. Discrimination on grounds of race, sex, gender, marital status, pregnancy, HIV status, family responsibility, ethnic or social origin, colour, sexual orientation, age and religion are some of the grounds for discrimination which are not allowed. There are many others as set out in section 6(1).
Note that affirmative action consistent with the purpose of this Act is not considered as unfair discrimination. It is also not unfair to discriminate against a person by distinguishing, excluding or preferring a person due to the inherent requirements of the job. Harassment is also a form of unfair discrimination and is strictly prohibited.
This section sets out when medical testing of employees is permissible.
Compliance Obligations?
Unless required by law or justified by medical facts and/or social or employment conditions and policy, medical testing of an employees is not allowed. Testing an employee for HIV status is not allowed unless the Labour Court has determined that it is justified in terms of section 50(4) of this Act.
This section sets out when psychometric testing of employees is permissible.
Compliance Obligations?
Unless the assessment has been scientifically shown to be valid and reliable and can be fairly applied to employees, has been certified by the Health Professions Council of South Africa or any other body authorised to certify these tests and is not biased to any employee or group of employees, this testing is forbidden.
This section sets out the duties of designated employers regarding the application of affirmative action at their workplaces. Note the definition of “designated employer” in the definitions section of the Act.
Compliance Obligations?
You must implement affirmative action measures for people from designated groups in terms of this Act. People from “designated groups” are black people, women and people with disabilities who fall under the definition. Note further that “black people” refers to Africans, Coloureds and Indians.
Ensure that you comply with the requirements set out in subsection (2).
Measures designed to ensure qualified persons from designated groups having equal employment opportunities as described in this section.
Compliance Obligations?
Note sections 15(2)(a)-(d), which sets out the measures that a designated employer must implement.
Section 16 requires consultation with employees or employees representatives on the matters set out in this section.
Compliance Obligations?
A designated employer must take reasonable steps to consult on the conduct of the analysis of its employment practices (section 19), the preparation and implementation of the employment equity plan referred to in section 20 and on the reports referred to in section 21.
The designated employer’s duties regarding the disclosure of all relevant information is set out in this chapter.
Compliance Obligations?
When a designated employer engages in consultation in terms of this Chapter, such employer must disclose all information relevant to the consultation to all relevant parties. Note that the requirements of section 16 (Disclosure of information) of the Labour Relations Act (taken in context) apply to the disclosure of any information.
The section regulates employment equity plans.
Compliance Obligations?
If you are a designated employer, you must develop and implement an employment equity plan which must include all the information set out in subsection (2).
This section requires designated employers to assign management responsibility for the employment equity plan in their workplaces.
Compliance Obligations?
A designated employer must assign one or more senior managers to take responsibility for implementing and monitoring an employment equity plan. Note that this assignment does not relieve you as designated employer of your duties imposed under this act or any other law.
This section sets out the duties of designated employers to inform employees of the provisions of this Act.
Compliance Obligations?
A designated employer must display a notice at the workplace where it can be read by employees, informing them of the provisions of this Act. The most recent report submitted in terms of section 21, any compliance orders or orders of the Labour Court concerning the provisions of this Act or any other relevant document concerning this act must be prominent places at the work place that are accessible by employees. In addition, section 26 requires that the employer keeps records of the workforce and the employment equity plan. The employment equity plan must be available to employees for copying and consultation.
Part A of this chapter deals with monitoring by employees and trade union representatives (section 34), the powers of Labour inspectors (section 35), written undertakings to comply with sections 36(a)-(j), compliance orders (section 37), objections and appeals against compliance orders by the employer (sections 39 and 40) and compliance assessment (section 42).
Compliance Obligations?
This Chapter contains the regulatory and enforcement frame work available under this Act. If you are the subject of an inspection by Labour inspectors, you should understand the scope and extent of their powers and your obligations with regard to ensuring compliance with their requests.
Part C of this chapter deals with the protection of employee rights (section 51) and the procedure to be used for when disputes arise (section 52).
Compliance Obligations?
Employee rights are ensconced in section 51. If a dispute arises regarding the rights of the employees and those of the employer, the dispute may be referred in writing to the CCMA. If it cannot be resolved by the CMMA, the matter will be referred to the Labour Court.
This section makes it an offence to obstruct or apply undue influence or to commit fraud in relation to any person seeking to exercise a power or perform a function under this Act.
Compliance Obligations?
Do not obstruct or improperly influence any person in the execution of their duties under this Act. Do not provide false information in any documentation provided to the Director General or a Labour inspector and do not knowingly take measures to avoid becoming a designated employer.