Chapter 1 definitions, purpose, interpretation and application 1. Promoting equal opportunity and fair treatment in employment through the elimination of unfair discrimination. Human rights are also defended at the provincial level by. The purpose of the employment equity act, no 55 of 1998 is to achieve equity in the workplace by promoting equal opportunity and fair treatment in employment through elimination of unfair discrimination and implementing affirmative action measures to redress the disadvantages in employment experienced by designated groups, in order to ensure. Section 2 the purpose of the act is to achieve equity in the workplace, by promoting equal opportunity and fair treatment in employment through the eliminatio. The purpose of the act is to achieve equity and equality in the workplace by promoting equal opportunity and fair treatment through the elimination of unfair discrimination, implementing affirmative action measures to redress the disadvantages in employment. Employment equity in federally regulated workplaces. Equality and this is when the employment equity act the act came into play. The amendment act will also impact the extension of the jurisdiction of the.
Canada embraces diversity, and it backs up that stance with legislation. The purpose of this act is to achieve equity in the workplace by. What employers need to know about canadas human rights act. The employment equity act eea as an instrument for employment equity in the south african labor market article pdf available may 2014 with 895 reads how we measure reads. Promoting equal opportunity and fair treatment in employment through the. The purpose of the employment equity act, no 55 of 1998 is to. Act current to 20200116 and last amended on 20171212. The employment equity act is federal legislation, and as such, applies only to a narrow group of industries that are federally regulated under the canadian constitution. The report demonstrates the ongoing efforts of employers in the federally regulated private sector to ensure equity in workplaces across the country for the four groups designated under the employment equity act women, indigenous peoples, persons.
Why is the employment equity act important in the workplace and when was it introduced in south africa. The purpose of the employment equity act, as laid out in the act itself, is to achieve equity in the workplace, by a promoting equal opportunity and fair treatment in employment through the elimination of unfair discrimination. Employment equity is a key part of our progress towards inclusivity in the employment relationship, and is an ongoing process that identifies, addresses and mitigates barriers in employment policies, practices and procedures. The purpose of this act is to achieve equity in the workpla ce by a promoting equal opportunity and fair treatment in employment through the elimination of unfair discrimination. Definitions, purpose, interpretation and application 1. Purpose of the policy the purpose of the employment equity policy is to. Labour relations act 66 of 1995 english text signed by the president assented to. The question of why the employment equity act is important, as well as whether it is relevant, is still raised. An employment equity plan must state a the objectives to be achieved for each year of the plan b the affirmative action measures. Employment equity act was passed to address this legacy and has two main objectives. Summary of the employment equity act, 55 of 1998, issued in terms of section 251 1.
Federal laws fall under the canadian human rights act and the employment equity act. Promoting equal opportunity and fair treatment through the elimination of unfair discrimination. Replacement of employment equity regulations 360 kb pdf. The employment equity act the eea was passed to address a legacy of exclusion from education, employment and promotion for the majority of south africans and has two main objectives. It is the responsibility of the commission to monitor compliance. The purpose of this policy and corresponding employment equity program is to. Employment equity, as defined in federal canadian law by the employment equity act, requires federal jurisdiction employers to engage in proactive employment practices to increase the representation of four designated groups. Policies and practices in terms of the employment equity act, 1998 act no. Pocket guide to employment equity the professional. Amendment of section 1 of act 55 of 1998, as amended by section 40 of act 65 of 2002, section 26 of act 68 of 2002 and section 25 of act 52 of 2003 1. The purpose of the employment equity plan is to enable the employer to achieve reasonable progress towards employment equity, to assist in eliminating unfair discrimination in the workplace, and to achieve equitable representation of employees from designated groups. As the minister responsible for labour, i present the employment equity act.
Promote the empowerment and advancement of previously disadvantaged employees in order to create racial and gender equity. Responding to these pressures and to the need to adapt to a fast evolving labour market, in 1986 the canadian government adopted the employment equity act eea, with the purpose of encouraging federally regulated private sector employers of one hundred or more employees to improve the employment situation of four groups of people under. The purpose of the employment equity plan is to enable the employer to achieve reasonable progress towards employment equity, to assist in eliminating unfair discrimination in the workplace, and to achieve equitable representation of employees from designated groups by means of affirmative action measures. The equality act is a bill passed by the united states house of representatives on may 17, 2019 that would amend the civil rights act to prohibit discrimination on the basis of the sex, sexual orientation, gender identity, or pregnancy, childbirth, or a related medical condition of an individual, as well as because of sexbased stereotypes. Employment equity is an imperative business driver and therefore supports the principles and intent of the employment equity act of 1998. To achieve equal opportunity in employment in accordance with article 10 and article 23 of the namibian constitution. This is the current version and applies as from 1 august 2014, i. To promote equal opportunities and fair treatment to all in the workplace by eliminating unfair discrimination.
The purpose of the act is to achieve equity in the workplace, by. Employment equity plan notice is hereby given under section 54 2 of the employment equity act no. Although the law protects each individual citizen on a casebycase basis, the spirit of the law suggests that employers should prevent. Summary of the employment equity act, 55 of 1998, issued in terms of. The purpose of this form is to gives the format for employment equity reports, incorporates the reporting requirements and contains the progress report that has to be completed. Form eea 2 employment equity report pdf labour smart. Human rights are also defended at the provincial level by agencies, such as the ontario human rights commission. The employment equity act 55 of 1998 the act was enacted to give effect to equality in terms of section 92 of the bill of rights in the constitution of the republic of south africa act 108 of 1996. The intention of the act is to achieve equity in the workplace by inter alia promoting equal opportunity and fair treatment in employment through the elimination of unfair discrimination and the implementation of affirmative action measures. The act states that employment equity means more than treating persons the same way but also. The purpose of the employment equity act, no 55 of 1998 is to achieve equity in the workplace by promoting equal opportunity and fair treatment in employment through elimination of unfair discrimination and implementing affirmative action measures to redress the disadvantages in employment experienced by designated groups, in order to ensure equitable representation in all occupational.
Canadian forces are a portion of the public sector employing one hundred or more employees for the purpose of subsection 41 of that act, order specifying that the sor2002420 canadian forces employment equity regulations sor2002421. I mildred nelisiwe oliphant, minister of labour, in terms of section 551 of the employment equity act, 1998 act no 55 of 1998 as amended, and on the advice of the commission for employment equity, hereby repeal the regulations made in terms of the employment equity act, act 55 of 1998, published under government notice no. Implementing positive measures affirmative action to ensure the equitable representation of black people, women and the disabled at all levels in the work. Employment equity act 55 of 1998 labour relations amendment act 127 of 1998 labour relations amendment act 12 of 2002 intelligence services act 65 of 2002 electronic communications security pty ltd act 68 of 2002 general intelligence laws amendment act 52 of 2003 prevention and combating of corrupt activities act 12 of 2004 act. Understanding the importance of the employment equity act. The importance of the employment equity act is an extension of its purpose. Affirmative action employment act 29 of 1998 namibia. Affirmative action known as positive discrimination in the united kingdom and as.
Purpose of this form section 20 requires designated employers to prepare and implement an employment equity plan which will achieve reasonable progress towards employment equity in the employers workforce. This form enables employers to comply with section 21 of the. Citizens are protected from discrimination in matters of employment and the provision of accommodation and public services. They must also display a summary of the provisions of the act in all languages relevant to the workforce.
The main purpose of the employment equity act is to achieve equality in the work place by. Review and sign appointment documents a p 101 for faculty recruitments or h r 101 for staff. Employment equity in federally regulated workplaces canada. The amendment act amends a number of provisions under the eea and will have a direct impact on the regulation of disputes.
These employers must comply with all requirements of the new act by. Her majesty, by and with the advice and consent of the senate and house of commons of canada, enacts as follows. Employment equity tools, resources, and publications are also provided to help employers fulfill their obligations under the employment equity act. Summary of the employment equity act, 55 of 1998, issued in. Chapter 1 definitions, purpose, interpretation and application. Labour relations amendment act 42 of 1996 basic conditions of employment act 75 of 1997 employment equity act 55 of 1998 labour relations amendment act 127 of 1998 labour relations amendment act 12 of 2002. This article will answer these burning questions by looking at the definition of what the employment equity act is, as well as the purpose it serves. What are the key points of the employment equity act 7 different items that should be reflected in the employment equity plan advantages of employment equity practical ways a business can apply employment equity and so the questions come through to us daily. The employment equity act requires designated employers to send employment equity reports to the department. Hugo pienaar, director in the employment practice talks about the purpose of the employment equity act. Complete the employment equity facilitators report and forward to the employment equity office.
The employment equity achievement award is an annual award that publicly recognizes employers for outstanding achievement in employment equity in their workplaces for four designated groups. All designated employers in terms of the employment equity act fills in this form, as well as employers that. Act current to 20200504 and last amended on 20171212. The president may determine different dates in respect of different provisions of this act. Recognising that as a result of apartheid and other discriminatory laws and practices, there are disparities in employment, occupation and income within the national labour market. Contact the director of employment equity in the event of a possible violation of fair employment practices or university policy. The purpose of the employment equity act, no 55 of 1998 is to achieve equity in the workplace by promoting equal opportunity and fair treatment in employment through elimination of unfair discrimination and implementing affirmative action measures to redress the disadvantages in employment experienced by designated groups, in order to ensure equitable representation in all. Summary of the employment equity act, 55 of 1998, issued. Government notice 278 of 1998, brought certain administrative provisions into operation including the establishment of the employment equity commission. Employment equity act 1996 the new employment equity act, received royal assent on december 15, 1995. The importance of employment equity and its implementation. The purpose of this act is to achieve equity in the workplace by promoting equal opportunity and fair treatment in employment through the elimination of unfair discrimination. Pdf the employment equity act eea as an instrument for. Given the diversity of people in south africa, fair and equal representation is important to ensure that all citizens have the necessary access to employment opportunities.
The purpose of the employment equity act in south africa is. Employment equity act summary western cape government. The act and its regulations subsequently came into force on october 24, 1996 creating a new legislative framework for employment equity that governs both private and public sector employers under federal jurisdiction. Pdf this paper seeks to critically examine the employment equity act eea as. Employment equity act the professional institute of the.
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