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

Code of Good Practice

Code of Good Practice on the Prevention and Elimination of Harassment in the Workplace

2. Application of the Code

 

2.1 This Code applies to all employers and employees, as provided for in the Employment Equity Act, 1998 (EEA). Any reference in this Code to "employees" includes applicants for employment. For determining whether a person is an employee for the purposes of the EEA, the presumption of employment in section 200A of the Labour Relations Act is applicable1.  Volunteers who in any manner assist in the carrying on or conducting the business of an employer fall within the definition of an employee.  Any person who employs another person to work for them as an employee in South Africa is an employer, irrespective of whether they operate in the formal or informal section or whether they are a commercial undertaking or not.

 

2.2 Although this Code applies to the working environment as a guide to employers, employees and applicants for employment, the perpetrators and victims of harassment may include, but is not limited to:
2.2.1 owners;
2.2.2 employers;
2.2.3 managers;
2.2.4 supervisors;
2.2.5 employees;
2.2.6 job seekers and job applicants;
2.2.7 persons in training including interns, apprentices and persons on learnerships;
2.2.8 volunteers;
2.2.9 clients and customers;
2.2.10 suppliers;
2.2.11 contractors; and
2.2.12 others having dealings with a business.

 

2.3 The protection of employees against harassment applies in any situation in which the employee is working, or which is related to their work.  This includes, but is not limited to:
2.3.1 the workplace which includes both public and private spaces in which people perform their work;
2.3.2 places where the employee is paid, take a rest break or a meal, or uses sanitary, washing or changing, breastfeeding and medical facilities;
2.3.3 work-related trips, travel, training, events, or social activities;
2.3.4 work-related communications, including those enabled by information and communication technologies and internet based platforms;
2.3.5 employer-provided accommodation;2 which includes housing;
2.3.6 when commuting to and from work in transport provided or controlled by the employer;
2.3.7 in the case of domestic workers and health care workers who are employed in the residence of their employers, or residence of the individual to whom they are providing care, the residence is the workplace; and
2.3.8 in the case of employees who work virtually from their homes, or any place other than the employer's premises, the location where they are working constitutes the workplace.

 

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1 See further the Code of Good Practice: Who is an Employee? (GenN 1774, GG 29445 of 1 December 2006)
2 Biggar v City of Johannesburg (2011) 32ILJ1665(LC).