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Employment Equity Act, 1998 (Act No. 55 of 1998)

Chapter III : Affirmative Action

20. Employment equity plan


(1) A designated employer must prepare and implement an employment equity plan which will achieve reasonable progress towards employment equity in that employer's workforce.


(2) An employment equity plan prepared in terms of subsection (1) must state—
(a) the objectives to be achieved for each year of the plan;
(b) the affirmative action measures to be implemented as required by section 15(2);
(c) where under-representation of people from designated groups has been identified by the analysis, the numerical goals to achieve the equitable representation of suitably qualified people from designated groups within each occupational level in the workforce, the timetable within which this is to be achieved, and the strategies intended to achieve those goals;

[Paragraph (c) amended by section 10(a) of Act No. 47 of 2013]

(d) the timetable for each year of the plan for the achievement of goals and objectives other than numerical goals;
(e) the duration of the plan, which may not be shorter than one year or longer than five years;
(f) the procedures that will be used to monitor and evaluate the implementation of the plan and whether reasonable progress is being made towards implementing employment equity;
(g) the internal procedures to resolve any dispute about the interpretation or implementation of the plan;
(h) the persons in the workforce, including senior managers, responsible for monitoring and implementing the plan; and
(i) any other prescribed matter.


(3) For purposes of this Act, a person may be suitably qualified for a job as a result of any one of, or any combination of that person's—
(a) formal qualifications;
(b) prior learning;
(c) relevant experience; or
(d) capacity to acquire, within a reasonable time, the ability to do the job.


(4) When determining whether a person is suitably qualified for a job, an employer must—
(a) review all the factors listed in subsection (3); and
(b) determine whether that person has the ability to do the job in terms of any one of, or any combination of those factors.


(5) In making a determination under subsection (4), an employer may not unfairly discriminate against a person solely on the grounds of that person's lack of relevant experience.


(6) An employment equity plan may contain any other measures that are consistent with the purposes of this Act.


(7) The Director-General may apply to the Labour Court to impose a fine in accordance with Schedule 1, if a designated employer fails to prepare or implement an employment equity plan in terms of this section.

[Subsection (7) inserted by section 10(b) of Act No. 47 of 2013]