|
Employment Equity 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
Part A Enforcement
35. Powers of labour inspectors
36. Undertaking to comply
37. Compliance order
38. Limitations
39. Objections against compliance order
40. 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 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
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
General Administrative Regulations
1. Definitions
2. Collecting information and conducting an analysis (Section 19)
3. Duty to prepare and implement an employment equity plan (Section 20)
4. Duty to report (Section 21)
5. Duty to inform (Section 25)
6. Income Differentials (Section 27)
7. Proof of submission
8. Enforcement (Chapter 5)
9. Form EEA 11
Forms
EEA 3 Summary of the Act in terms of Section 25(1)
EEA 8 Annexure 1: Demographic Data
EEA 9 Annexure 2: Occupational Levels
EEA 10 Annexure 3: Occupational Categories
EEA 11 Application for an Employment Equity Report
Codes of Good Practice
Key Aspects of HIV/Aids and Employment
Key aspects of HIV/Aids and employment
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
Preparation, Implementation and Monitoring of Employment Equity Plans
Preparation, Implementation and Monitoring of Employment Equity Plans
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
Draft Codes of Good Practice
Key aspects of HIV / AIDS and Employment
Draft Code of Good Practice on key aspects of HIV/AIDS and Employment
Foreword
1. Introduction
2. Objective
3. Application
4. Legal Framework
5. Promoting a Non-Discriminatory Work Environment
6. HIV Testing, Confidentiality and Disclosure
7. Promoting a Safe Working Environment
8. Compensation for Occupationally acquired HIV
9. Employee Benefits
10. Dismissal
11. Grievance Procedures
12. Management of HIV in the Workplace
13. Workplace HIV/AIDS Programme
Glossary