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Table of Contents
Employment Equity Act, 1998 (Act No. 55 of 1998)
Notice No. 1323 of 1998
Act
Preamble
Chapter I : Definitions, Purpose, Interpretation and Application
1. Definitions
2. Purpose of this Act
3. Interpretation of this Act
4. Application of this Act
Chapter II : Prohibition of Unfair Discrimination
5. Elimination of unfair discrimination
6. Prohibition of unfair discrimination
7. Medical testing
8. Psychological testing and other similar assessments
9. Applicants
10. Disputes concerning this Chapter
11. Burden of proof
Chapter III : Affirmative Action
12. Application of this Chapter
13. Duties of designated employers
14. Voluntary compliance with this Chapter
15. Affirmative action measures
16. Consultation with employees
17. Matters for consultation
18. Disclosure of information
19. Analysis
20. Employment equity plan
21. Reports
22. Publication of report
23. Successive employment equity plans
24. Designated employer must assign manager
25. Duty to inform
26. Duty to keep records
27. Income differentials
Chapter IV : Commission for Employment Equity
28. Establishment of Commission for Employment Equity
29. Composition of Commission for Employment Equity
30. Functions of Commission for Employment Equity
31. Staff and expenses
32. Public hearings
33. Report by Commission for Employment Equity
Chapter V : Monitoring, Enforcement and Legal Proceedings
Part A : Monitoring
34. Monitoring by employees and trade union representatives
35. Powers of labour inspectors
36. Undertaking to comply
37. Compliance order
38. Limitations
39. [Repealed] Objections against compliance order
40. [Repealed] Appeal from compliance order
41. Register of designated employers
42. Assessment of compliance
43. Review by Director-General
44. Outcome of Director-General's review
45. Failure to comply with Director-General's request or recommendation
Part B : Legal proceedings
46. Conflict of proceedings
47. Consolidation of proceedings
48. Powers of commissioner in arbitration proceedings
49. Jurisdiction of Labour Court
50. Powers of Labour Court
Part C : Protection of employee rights
51. Protection of employee rights
52. Procedure for disputes
Chapter VI : General Provisions
53. State contracts
54. Codes of good practice
55. Regulations
56. Delegations
57. Temporary employment services
58. Designation of organs of state
59. Breach of confidentiality
60. Liability of employers
61. Obstruction, undue influence and fraud
62. This Act binds State
63. Application of Act when in conflict with other laws
64. Repeal of laws and transitional arrangements
64A. Amendment of annual turnover thresholds in Schedule 4
65. Short title and commencement
Schedules
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
Regulations
[Repealed] General Administrative Regulations, 2006
[Repealed] General Administrative Regulations, 2009
Employment Equity Regulations, 2014
Notice No. R. 595 of 2014
Definitions
1. Definitions
Work of Equal Value
2. Equal Pay for Work of Equal Value Criteria
3. Eliminating unfair discrimination
4. Meaning of work of equal value
5. Methodology
6. Assessing whether work is of equal value
7. Factors justifying differentiation in terms and conditions ...
Duties of a Designated Employer
8. Collecting information and conducting an analysis
9. Duty to prepare and implement an Employment Equity Plan
10. Duty to report
11. Duty to inform
12. Income differentials and discrimination
Enforcement Mechanisms
13. Requesting an undertaking
14. Compliance order
15. Review by the Director-General (DG Review)
General Administrative Matters
16. Repeal of laws
17. Short title
Forms and Annexures
Code of Good Practice
Preparation, implementation and monitoring of employment equity plans
Notice No. R. 1394 of 1999
1. Objective
2. Legal framework
3. Scope
4. Purpose and rationale for the plan
5. Structure of the plan
6. Process for constructing a plan
7. Planning phase
8. Developing the plan
9. Monitoring and evaluating the plan
Key Aspects of HIV/Aids and Employment
Notice No. R. 1298 of 2000
1. Introduction
2. Objectives
3. Policy Principles
4. Application and Scope
5. Legal Framework
6. Promoting a Non-Discriminatory Work Environment
7. HIV Testing, Confidentiality and Disclosure
8. Promoting a Safe Workplace
9. Compensation for Occupationally Acquired HIV
10. Employee Benefits
11. Dismissal
12. Grievance Procedures
13. Management of HIV in the Workplace
14. Assessing the impact of HIV/Aids on the Workplace
15. Measures to deal with HIV/Aids within the Workplace
16. Information and Education
Glossary
[Repealed] Amended Code of Good Practice on the Handling of Sexual Harassment Cases in the Workplace
Notice 1357 of 2005
1. Introduction
2. Application of the code
3. Sexual Harassment as a form of unfair discrimination
4. Test for Sexual Harassment
5. Factors to establish sexual harassment
6. Guiding principles
7. Sexual Harassment Policies
8. Procedures
9. Confidentiality
10. Additional sick leave
11. Information and education
Integration of Employment Equity into Human Resource Policies and Practices
Notice 1358 of 2005
1. Foreword
2. Objective
3. Scope and Legal Principles
4. Structure of the Code
5. Implementing employment equity
Part A : Commencing Employment
6. Job Analysis and Job Descriptions
7. Recruitment & Selection
8. Induction
9. Probation
10. Medical, Psychological and other similar assessments
Part B : During Employment
11. Terms and Conditions of Employment
12. Remuneration
13. Job Assignments
14. Performance Management
15. Skills Development
16. Promotion and Transfer
17. Confidentiality and Disclosure of Information
18. Retention
19. Harassment
20. Discipline, Grievance and Dispute Resolution
Part C : Ending Employment
21. Terminating Employment
22. Exit Interviews
HIV and Aids and the World of Work
Notice No. 451 of 2012
Preamble
1. Definitions
2. Introduction
3. Objectives of the Code
4. Scope of the Code
5. Key Principles
6. Legal Framework
7. Elimination of Unfair Discrimination and Promotion of Equal ...
8. Promoting a Healthy and Safe Working Environment
9. Management of HIV and AIDS in the Workplace
10. Monitoring and Evaluation (M&E)
Equal Pay/Remuneration for Work of Equal Value
Notice No. 448 of 2015
1. Objectives
2. Scope
3. Legal Framework and Principles
4. Eliminating Unfair Discrimination in respect of Pay/...
5. Evaluating Jobs
6. Comparing and Evaluating Male- and Female Dominated Jobs
7. Factors Justifying Differentiation in Pay/Remuneration
8. Process for Evaluating Jobs for the Purpose of Equal ...
Employment of Persons with Disabilities
Notice No. 1085 of 2015
1. Foreword
2. Aim of the Code
3. Status of the Code
4. Legal framework and guiding principles
5. Definitions and interpretation
6. Reasonable accommodation for persons with disabilities
7. Recruitment and selection
8. Medical and psychological testing and other similar ...
9. Placement
10. Training and career advancement
11. Retaining persons with disabilities
12. Termination of employment
13. Workers' compensation
14. Confidentiality and disclosure of disability
15. Employee benefits
16. Employment equity planning in respect of persons ...
17. Education and awareness
18. Monitoring and evaluation
Preparation, Implementation and Monitoring of the Employment Equity Plan (EE Plan)
Notice No. 393 of 2017
1. Objective
2. Legal framework
3. Scope
4. Purpose and Rationale of the EE Plan
5. Structure of the EE Plan
6. Process for Constructing Plan
6.1.1 Initiator to steer the process, including the assignment of one or more senior managers
6.1.2 Communication, Awareness and Consultation
6.1.3 Conducting an Analysis (contained in EEA12 of regulations)
6.1.3.1 The purpose of the analysis is
6.1.3.2 Workforce profile
6.1.3.3 Review of employment policies, practices, procedures, and working environment
7. Developing the EE Plan
7.1 Analysis Report
7.2 Duration of EE Plan
7.3 Objectives of the EE Plan
7.4 Numerical goals and numerical targets
7.5 Affirmative action measures
7.6 Consensus
7.7 Resources
7.8 Assignment of responsibility
7.9 Dispute Resolution
7.10 Monitoring and Evaluating the EE Plan
7.11 Communication
8. Reporting
Code of Good Practice on the Prevention and Elimination of Harassment in the Workplace
Notice No. R. 1890 of 2022
List of Abbreviations
Introduction
1. Objectives of the Code
2. Application of the Code
3. Legal Framework
I - Substantive Issues
4. What is Harassment?
5. Sexual Harassment
6. Racial, Ethnic or Social Origin Harassment
7. Other statutes impacting on harassment
II - Procedural Issues
8. Guiding Principles on the Prevention, Elimination and Management of Harassment
9. Harassment Policies
10. Procedures
11. Confidentiality
12. Additional Sick Leave
13. Information and Education
Proclamations
Commencement of the Employment Equity Amendment Act, 2013
Notice No. 50 of 2014
HIV
means the Human Immunodeficiency Virus;
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