Eea 3 a summary of the employment equity act, 55 of 1998, as amended issued in terms of section 25 1 department of labour. Acts online provides legislation, including amendments and regulations, in an intuitive, online format. Ebook or pdf edited book email encyclopedia article govt. Employment equity act other bibliographies cite this for me. The term employment equity was first introduced in 1984 by supreme court of canada justice rosalie abella in her royal commission report. Section 2 the purpose of the act is to achieve equity in the workplace, by promoting equal opportunity and fair treatment in employment through the. This report noted that certain groups of people women, aboriginal peoples, visible minorities and persons with disabilities faced systemic discrimination that kept them from accessing wellpaying jobs. Amendment of section 1 of act 55 of 1998, as amended by section 40 of act 65 of 2002, section 26 of act 68 of 2002 and section 25 of act 52 of 2003 1. The purpose of the employment equity act, no 55 of 1998 is to achieve equity in the workplace by promoting equal opportunity and fair treatment in employment through elimination of unfair discrimination and implementing affirmative action measures to redress the disadvantages in employment experienced by designated groups, in order to ensure equitable representation in all occupational. If you cannot login, email us and well arrange to give you access. Chapter 3 of the employment equity act requires that employers take certain affirmative action measures to achieve employment equity in the workplace. Employment equity act, 55 of 1998 western cape government. This act contains provisions that promote employment equity, including provisions prohibiting unfair discrimination, regulating affirmative action and establishing a commission for employment equity.
Employment equity act 55, 1998, promotion of equality and prevention of unfair discrimination act, 2000. The main purpose of the employment equity act is to achieve equality in the work place by. Create your citations, reference lists and bibliographies automatically using the apa, mla, chicago, or harvard referencing styles. South africa has patterned its employment equity act and a part of the constitution act, such as section 9 2 of the bill of rights in its constitution of 1996 after canada and passed the broadbased black economic. Amendment of section 33 of act 30 of 1966, as amended by section of act 9 of 1979. Employment equity guide 1995 employment equity act kcy. Code of good practice on equal payremuneration for work of equal value published in gn 448 in gg 38837 of 1 june 2015 code. We are the leading resource for freely available legislation in south africa and are used daily by thousands of professionals and industry leaders. The act states that employment equity means more than treating persons. Pdf the employment equity act eea as an instrument for.
Definitions in this act, unless the context otherwise indicatesbasic conditions of employment act means the basic conditions of employment act, 1997 act no. Summary of the employment equity act, 55 of 1998, issued in terms of section 251 summary of the employment equity act, 55 of 1998, issued in terms of section 251 1. If you are already a subscriber, you can login to see this judgment summary. Chapter 2 of the bill of rights, as contained in the constitution of south africa, enshrines the rights of all people in south africa and affirms the democratic values of human dignity, equality and freedom. The purpose of the act is to achieve equity in the workplace, by. The purpose of the employment equity act, no 55 of 1998 is to achieve equity in the workplace by promoting equal opportunity and fair treatment in employment through elimination of unfair discrimination and implementing affirmative action measures to redress the disadvantages in employment experienced by designated groups, in order to ensure equitable representation in all occupational categories and levels in the workforce. South africa has a legacy of discrimination in relation to race, gender and disability that has denied access to. Amendment of section 34 of act 30 of 1966, as substituted by section 14 of act 9 of 1979. Implications of the employment equity act and other. Employment equity act updated to 1 august 2014 act 55 of 1998 notice 23, g. Summary of the employment equity act, 55 of 1998, issued in terms of section 251 1.
Amended by employment equity amendment act 47 of 20 from 1 aug 2014 amended by general intelligence laws amendment act 52 of 2003 from 28 feb 2003. Employment equity act, 1998 act no 55 of 1998 as amended, and on the advice of the commission for employment equity, publish the draft revised draft code of good practice on the employment of persons with disabilities for public comment effective from the date of publication. The employment equity act, 1998, holds unique challenges for organisations to reach their employment equity goals. This article discusses the impact of the 1998 employment equity act on the higher education sector of south africa. The commission has also been closely monitoring the court cases and judgements around employment equity. Employment equity act 55 of 1998 1 august 2014 to date this is the current version and applies as from 1 august 2014, i. Be it enacted by the senate and house of representatives of. Equal pay for work of equal value 5 employment equity amendment act 47 of 20 effective 1 august 2014 section 6 employment equity regulations 1 august 2014 effective from date of publication criteria for assessment factors of differentiation code of good practice 1 june 2015 guidelines on implementing. Amendment of section 37 of act 30 of 1966, as substituted by section. Employment equity act 55 of 1998, skills development, act 97 of 1998 and skills development. Labour relations act no 66 of 1998 \pubiic financed management act no. Implications of the employment equity act for the higher.
Key aspects on the employment of people with disabilities employment equity regulations, 2014 code of good practice on the integration of employment equity into human resource policies and practices. Department of labour national the government of south africa summary. The employment equity act is federal legislation, and as such, applies only to a narrow group of industries that are federally regulated under the canadian constitution. Public service act, 1994 basic conditions of employment act, 1997. A limited time period has also been set for organisations to apply a temporary intervention to endeavour to correct the imbalances caused by the apartheid regime. Legal framework the code is issued in terms of section 541a of the employment equity act, no.
Commencement of regulation to the employment equity act, 1998 act no. Affirmative action employment act 29 of 1998 as he or she may consider necessary, to nominate for appointment as members of the commission such number of persons as may be specified in such request and to submit such nominations to the minister within such period as may be so specified. Affirmative action, which incorporates some features from the two distinct british concepts of positive discrimination and positive action, is a set of policies that support members of disadvantaged groups that have previously suffered discrimination and may continue to in such areas as education, employment, or housing. The purpose of the employment equity act, no 55 of 1998 is to achieve equity in the workplace by promoting equal opportunity and fair treatment in employment through elimination of unfair discrimination and implementing affirmative action measures to redress the disadvantages in employment experienced by designated groups, in order to ensure equitable representation in. An introduction to the background and development of affirmative action and employment equity is provided. Section 2 the purpose of the act is to achieve equity. Employment equity act other bibliographies cite this. To amend the employment equity act, 1998 so as to insert new provisions to allow the minister of labour to establish sectoral numerical targets for the purpose of ensuring the equitable representation of suitably qualified people from designated groups blacks, women and persons with a disability at all occupational. The employment equity legislation together with other labour legislation is there to undo longstanding segregation policies. The act on which affirmative action is based, the employment equity act no 55 of 1998 recognises.
The president may determine different dates in respect of different provisions of this act. Chapter 1 definitions, purpose, interpretation and application 1. Employment equity plans notice is hereby given under section 54 of the employment equity act, 1998, that the minister of labour, having been advised by the commission for employment equity, has issued a code of good practice on the preparation, implementation and monitoring of an employment equity plan, as set out in this schedule. May 10, 2014 summary of the employment equity act, 55 of 1998, issued in terms of section 251 1.
The electronic irish statute book eisb comprises the acts of the oireachtas parliament, statutory instruments, legislation directory, constitution and a limited number of pre1922 acts. Chapter 1 definitions, purpose, interpretation and application. Objective the objective of this code is to provide guidelines of good practice, in terms of the requirements of the employment equity act, 1998 act no 55 of 1998 hereafter referred to as the act, for the preparation and implementation of an employment equity plan hereafter referred to as the plan. After the 1994 general election equity became entrenched in legislation. The eea affirms the rights of employees to equity and fairness in. This form contains the format for employment equity reporting by designated employers to the. Implementing positive measures affirmative action to ensure the equitable representation of black people. Employment equity, as defined in federal canadian law by the employment equity act, requires federal jurisdiction employers to engage in proactive employment practices to increase the representation of four designated groups.
With acts you are guaranteed the latest and most up to date resource for your legislative needs. Public service regulations, 2001, pscbc resolutions i and 2. Employment equality acts 1998 law reform commission. The purpose of this act is to achieve equity in the workplace by promoting equal opportunity and fair treatment in employment through the elimination of unfair discrimination. Employment equity act 55 of 1998, skills development, act 97 of 1998 and skills development levies act 9 of 1999 jutas statutes editors on. Employment equity amendment act 47 of 20 effective 1 august 2014 section 6 employment equity regulations 1 august 2014 effective from date of publication criteria for assessment factors of differentiation code of good practice 1 june 2015 guidelines on implementing. The author then discusses the specialized constraints and challenges faced by higher education employers, separating them from traditional business. Employment equity in the workplace ccma info sheet.
Summary of the employment equity act, 55 of 1998, issued. Section 2 the purpose of the act is to achieve equity in the workplace, by promoting equal opportunity and fair treatment in employment through the eliminatio. Promoting equal opportunity and fair treatment through the elimination of unfair discrimination. The code is a guide for employers and employees on key aspects of promoting equal. Employment equity act, no 55 of 1998, 2015 your bibliography. Employment quity act, 1998 act 55 of 1998 as amended revised draft code of good practice on the employment of persons with disa ilities i mildred nelisiwe oliphant, minister of labour, hereby in terms of section 542 of the employment equity act, 1998 act no 55 of 1998 as amended, and on the advice of the commission for employment equity. Mar 05, 2008 for subscribers only whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. These are the sources and citations used to research employment equity act. Sanctions for failure or refusal to supply documents, infor mation, etc. Employment equity act 55 of 1998 chapter one definitions, purpose, interpretation and application ss 14 1. Assented to 12 october, 1998 date of commencement to be proclaimed unless otherwise indicated english text signed by the president act. Summary of the employment equity act, 55 of 1998, issued in. Eea 3 summary of the employment equity act 55 of 1998. You can subscribe by paying a reasonable monthly fee.