employmentequity.co.za
Equity Requirements

Employment Equity Compliance Requirements

EEA1
An employee declaration of nationality, race and gender as per Section 19 of the Employment Equity Act 1998 (Act 55 of 1998), placing the onus of proof on the Employee rather than the Employer.

 

EEA2
As per Section 19 of the Employment Equity Act 1998 (Act 55 of 1998), this is a “snapshot” of the current and future employment equity transformation profile of the organisation.

 

EEA4
Income differentials as per Section 27 of the Employment Equity Act 1998 (Act 55 of 1998), this report indicates the remuneration differences between individuals on the same levels and occupations.

 

EEA12
Public or Listed organisations must have a summary EEA12 of the employment equity progress report included in their Annual Financial Report. Every designated employer that is a public company is required in terms of Section 22 of the Act to publish a summary of their employment equity report in that employer’s annual financial report.

 

Employment Equity Plan
The plan provides a clear and proactive guide to how the organisation intends to transform its employment equity. Analysing and describing in detail the transformation process in place in the organisation, as per Section 20 & 23 of the Employment Equity Act 1998 (Act 55 of 1998).

 

EAP Analysis
The plan must include a detailed comparative analysis to the NATIONAL Economically Active Population and the PROVINCIAL Economically Active Population. This will indicate how many African, Coloured, Indian, and White employees should be employed on each level and occupation of the organisation.

 

Benchmarking against the rest of SA
The organisation must also have a benchmarking analysis to the Commission for Employment Equity statistical analysis, allowing for a comparison to other organisations in South Africa.

 

Workforce and Workplace analysis
The organisation must complete a workplace and transformation barrier analysis, and compile a clear action plan how to remove the barriers to transformation in the organisation. A complete Workforce analysis and redistribution and transformation plan must thus be compiled addressing each barrier in the organisation.

 

Workplace and Employment Equity Forum
In terms of the Labour Relations Act 1995 the organisation has to appoint a workplace/force forum and employment equity forum, Employment Equity Act 1998 (Act 55 of 1998) Section 16. The forum is to oversee the transformation process in the organisation and must educate the rest of the organisation in employment equity and diversity awareness.

By law the forum has to meet every so often to ascertain whether the organisation is still on track with its development and transformation.  Records of all agendas and minutes must be kept by the organisation and must be available for inspection- Section 16 of the Employment Equity Act 1998 (Act 55 of 1998)

 

Employment Equity Policy
As per Section 15 of the Employment Equity Act 1998 (Act 55 of 1998) the organisation must have a employment equity policy in place with procedures ensuring that the transformation is at all times fair, the policy must include a dispute and grievance procedure.

 

Staff development and Awareness programs
In terms of the Act the organisation must have Staff Awareness programs in place - Section 15 of the Employment Equity Act 1998 (Act 55 of 1998). It is also obligatory that all staff receive training in Employment Equity, Diversity awareness as well as HIV/AIDS.

In terms of section 15 of the Act employer should in their Employment Equity plans include a plan for Staff Development and Succession planning for all employees classified as designated employees, this should include a detailed analysis of staff development pathways as well as a detailed analysis of succession plans are in place.
















 

 


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