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What does the DoL say about the Employment Equity Act
by FSP Business
The Department of Labour (DoL) has a lot to say about the Employment Equity Act (EE Act). Continue reading to find out what it says so you won't be caught off guard especially now that the Act has been amended.

What's the DoL and what does it do?
Before we get to what the DoL says about the EE Act, we first need to explain what the department does.
According to Labour.gov.za the Department of Labour publishes legislation that regulates labour practices and activities. Its mission is to regulate the South Africa labour market for a sustainable economy through:
  • Appropriate legislation and regulations;
  • Inspection, compliance monitoring and enforcement;
  • Protection of human rights;
  • Provision of employment services;
  • Promoting equity;
  • Social and income protection; and
  • Social dialogue.
So what does the DoL say about the Employment Equity Act?

The DoL says the EE Act applies to all employers and workers and protects workers and job seekers from unfair discrimination and also provides a framework for implementing affirmative action.

According to the department, the provisions for affirmative action apply to:
  • Designated employers;
  • Municipalities;
  • Organs of the state;
  • Employers ordered to comply by a bargaining council agreement; and
  • Any employers who volunteer to comply.
Note: The Act only applies to employers, workers and job applicants, but not to members of the:
  • National Defence Force;
  • National Intelligence Agency; and
  • South African Secret Service.
In its efforts to fulfil its mandate, the DoL recently made amendments to the Employment Equity Act. The latest development is that the DoL has published the employment equity regulations for public comment.

The bottom line: The DoL is getting tough when it comes to employment equity and is there to ensure your company is in line with the EE Act. So make sure you comply.

Breaking news: The DOL has made three vital changes to the Employment Equity Act!

by FSP Business, 06 February 2014

The Department of Labour (DoL) is getting tough regarding employment equity. To do this, its amended the Employment Equity Act and the President has signed them into being.
Here's what it changed.

The DoL says 'the President has assented to the Employment Equity Amendment Act, 2013 (Act No. 47 of 2013).'

While the Act has been published in the Government Gazette No. 37238 (Notice No. 16) of 16 January 2014, the actual date as to when the amendments will come into effect hasn't been announced.

BUT, this doesn't mean you shouldn't familiarise yourself with the changes.

So what are the new changes to the EEA?

The significant amendments to the Employment Equity Act are as follows:

#1: Beneficiaries of affirmative action (designated groups) are limited to black people, women and people with disabilities who are citizens of South Africa by birth or descent.

#2: Unfair discrimination grounds now include differential treatment claims. The site says this is because of discrimination on the listed grounds, in relation to terms and conditions of employment between employees who perform the same or substantially the same work or work of equal value.

#3: The CCMA has more powers. This relates to the jurisdiction to arbitrate unfair discrimination disputes if the alleged unfair discrimination concerns sexual harassment or disputes concerning differential terms and conditions of employment.
This serves to notify all Levy Paying Companies that the deadline for the submission of the applications for the Mandatory and Discretionary Grants (Pivotal) for the period 2014/2015 is:
30 April 2014 at 24h00.

In line with the new Grant Regulations (Gazetted on 3 December 2012), applications entail both the following processes:

The following documents must be completed and submitted to the SETA:
  1. ATR 2013-2014(Mandatory and Pivotal)
  2. WSP 2014-2015
  3. Pivotal Plan 2014-2015
CharDes & Associates can assist Small and Medium Enterprises with the completion and submission of required documents in all provinces.

For further clarity or assistance with completion of these, please contact CharDes & Associates
on 0861 627 538.

1. No extensions for the submission will be granted unless a request for such was received and approved by the SETA Board one month prior to the deadline date.
2. Levy Paying Companes are advised to start working on their submissions early enough to avoid any “problems” that may cause late/non submission.
Not displaying summaries of the EE Act and BCEA in the workplace is punishable by law

A labour inspector could order you to stop working IMMEDIATELY!

It DOESN’T matter how many employees you might have! 1, 5 or 1000, the Labour Laws are crystal clear.

Either you follow them and everything is OK for you and your business, or you don’t follow them and you along with your employees will bear the consequences. Do you feel like taking a chance?

Avoid fines from the Department of Labour by displaying this information.

You must display:
•    Summary of the Basic Conditions of Employment Act
•    Summary of the Employment Equity Act
•    Summary of the Occupational Health and Safety Act
•    Summary of the Skills Development Act

New Compliance Requirements – Are you prepared?
There are some major changes around the corner (and some that have already been implemented), which we all need to be aware of.

Let's start this week off by looking at the Employment Equity Amendment Bill of 2012 that still needs to be promulgated.

The following changes to the Employment Equity Act of 1998 have been proposed in the Amendment Bill:
  • Section 21 states that all designated employers must submit their Employment Equity Reports annually on the 1st working day of October (for manual submissions) or the prescribed date (for electronic submissions). The current EE Act allows designated employers employing fewer than 150 staff to submit their report every 2 years.
  • If you are unable to submit the report by the first working day in October you must notify the Department of Labour, in writing, before the last working day in August.
  • Fines will be imposed for:
    • Failure to submit a report;
    • Failure to provide written notice in the event that you are not able to submit the report; or
    • If your reasons for non-submission are false or invalid.
Schedule 1 of the Amendment Bill shows maximum permissible fines that may be imposed for contravening Section 21 (and other sections). The fines are tabled as follows:

If you have not submitted your Employment Equity Report yet and would like our assistance please email us or contact us on 0861 627 538.
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