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2014

EMPLOYMENT EQUITY PROPOSED AMENDMENTS planned for 2014

EMPLOYMENT EQUITY PROPOSED AMENDMENTS planned for 2014

The Amended Employment Equity Act places an obligation on employers to train all employees on the provisions of the Employment Equity Act. Training on the act, diversity management programs and discrimination awareness programs must be reported in part 10 of the employment equity plan to the Department of Labour. We at TRAINYOUCAN created this help document that can also be downloaded in PDF format Employment Equity Act Proposed Amendments 2014.

1. EMPLOYMENT EQUITY HISTORICAL BACKGROUND

Since its inception in 1998 and the end of the first reporting period in the year 2000, the Employment Equity Act 55 of 1998 (the EE Act) saw 14 annual reporting periods before the recent amendments. The amendments are contained in the Employment Equity Amendment Act 47 of 2013 which was published for general information on 16 January 2014 and still waiting to be signed by President Jacob Zuma. (Not approved yet)

Coupled with these enhanced provisions, the EE Act will have far-reaching implications for non-compliant employers. Amendments to the regulations are currently also in the pipeline and are soliciting widespread comment from business.

In terms of section 21 of the EE Act all designated employers are required to submit their annual employment equity (EE) report by a certain date, normally the first working day of October. Electronic filing is also allowed.

One of our accredited facilitator at TRAINYOUCAN with years of experience in HR specialises in this field and will be able to assist your company or offer this short training course on your premises in Durban, Kwa-Zulu Natal.  Click here to view our course detail

2. SUMMARY OF THE AMENDMENTS

The new amendments to the Employment Equity Act 2014 planned will influence:

  1. How you recruit new staff…
  2. How you training of staff…
  3. How you pay your employees…
  4. How you do your EE reporting…
  5. How you perform your EE plans…

This help document was created internally by TRAINYOUCAN Facilitators to assist companies with these new amendments. If you don’t comply with this the DoL could fine you 10% of your turnover or up to R2.7 million! Now 10% may not seem like a lot, but if your annual turnover is R6 million, you’d be liable to pay the DoL R600,000 for each area of non-compliance! And if you’re non-compliant with five of the changes that could cost you R3 million.

If you employ more than 50 people or if your turnover is over the Employment Equity Act threshold for your industry, you need to comply with each and every one of them.

3. CHANGES IN THE DEFINITION OF DESIGNATED EMPLOYERS OF THE ACT

The designated employers referred in the new amendment in section 21 are:

  • An employer who employs 50 or more employees
  • An employer who employs fewer than 50 employees, but has a total annual turnover that is equal to or above the applicable annual turnover of a small business in terms of Schedule 4 to the EE Act
  • A municipality, as referred to in Chapter 7 of the Constitution
  • An organ of state as defined in section 239 of the Constitution, but excluding the National Defence Force, the National Intelligence Agency and the South African Secret Service, and
  • An employer bound by a collective agreement in terms of sections 23 or 31 of the Labour Relations Act, which appoints it as a designated employer in terms of this Act, to the extent provided for in the agreement

4. CHANGES IN THE AMENDED ACT

4.1 Definition of “designated groups”

“Designated Groups in short mean black people, women and people with disabilities.”

The revision of the term “designated groups” ensures that only citizens of the Republic of South Africa, by birth or descent, may benefit from affirmative-action measures.

People who became citizens of the Republic of South Africa by way of naturalisation, after 26 April 1994 are barred from benefits of affirmative action, unless such people were entitled to citizenship but were barred as a result of apartheid policies.

This effectively means that affirmative action measures do not apply to anyone who falls outside this definition. Please bear in mind that this will have an impact on your B-BBEE scorecard as well.

4.2 Unfair discrimination

The grounds for claims of unfair discrimination have been broadened to include discrimination on arbitrary grounds as opposed to previously listed grounds only. The listed grounds include race, gender, sex, pregnancy, marital status, family responsibility, ethnic or social origin, colour, sexual orientation, age, disability, religion, HIV status, conscience, belief, political opinion, culture, language and birth.

Amendment

Section 6 sees the inclusion of a clause which states that “a difference in terms and conditions of employment between employees of the same employer performing the same or substantially the same work of equal value that is directly or indirectly based on the grounds of race, gender, pregnancy, marital status, family responsibility, ethnic or social origin, colour, belief, political opinion, culture language, birth or any other arbitrary ground amounts to unfair discrimination.

Should this be the case, the employer is bound by an amendment to Section 27 to take measures to progressively reduce the income differentials.

4.3 Burden of proof

If unfair discrimination on a listed ground is claimed, the employer must prove that such discrimination did not take place, is rational and not unfair, or is otherwise justifiable.

If unfair discrimination on arbitrary grounds is claimed, the complainant must prove on a balance of probabilities that the conduct is not rational, the conduct complained of amounts to unfair discrimination and the discrimination is unfair.

Amendment Section 11 has been expanded upon to give clear guidelines regarding the “burden of proof” in discrimination cases.If unfair discrimination is alleged on a ground of race, gender, pregnancy, marital status, family responsibility, ethnic or social origin, colour, belief, political opinion, culture, language and birth, the employer against whom the allegation is made, must prove, on a balance of probabilities that:

  • The discrimination did not take place as alleged; or
  • Is rational and not unfair, or is otherwise justifiable

If unfair discrimination is alleged on an arbitrary ground, the complainant must prove, on the balance of probabilities, that:

  • The conduct complained of is not rational;
  • The conduct complained of amounts to discrimination; and
  • The discrimination is unfair

This amendment places a burden of proof on the complainant, which was not explicitly stated in the original Act. With these guidelines, we should see a reduction in discrimination cases as an employee or job applicant would now need to prove that the conduct complained about is not rational, is in fact discrimination and that it is unfair. This should bring an end to every second employee claiming “Discrimination” when they don’t get their way in the workplace.

 

4.4 Psychometric tests

Psychometric testing and similar assessments of an employee are prohibited unless the test or assessment being used has been scientifically shown to be valid and reliable, can be applied fairly to all employees and is not biased against any employee.

The new amendments require that any such test must be certified by the Health Professions Council of South Africa (HPCSA) established under the Health Professions Act, 56 of 1974, or any other body that may be authorised by law to certify such tests or assessments.

Amendment

Section 8, which deals with psychometric assessments, has an additional paragraph inserted, which will compel an employer who conducts psychometric assessments on employees or job applicants to ensure that the test has been certified by the Health Professions Council of South Africa or any other body which is authorised by law to certify psychometric test or assessments.

4.5 Equal pay for work of equal value

This new provision is included to ensure that employees receive equal pay for work of equal value unless the employer is able to show that valid and fair grounds exist for discrimination.

The minister of labour will be entitled to publish codes to provide guidelines on work of equal value.

4.6 Discrimination: jurisdiction of the CCMA

Employees who claim unfair discrimination on the grounds of sexual harassment may refer the matter to the CCMA for arbitration.

In any other case pertaining to disputes regarding unfair discrimination, an employee who earns below the threshold in terms of the Basic Conditions of Employment Act may refer the matter to arbitration to the CCMA. Employees who earn above the threshold may refer the matter to the CCMA for arbitration only in the event that all parties have consented to the arbitration of the dispute.

Parties affected by an award of the CCMA under this section may appeal to the Labour Court.

AmendmentSection 10 sets out clearly defined dispute resolution procedures for alleged unfair discrimination, which sees the inclusion of the following:In addition to the existing clause 1, which stipulates that the first port of call for alleged unfair discrimination is a referral to the CCMA for conciliation, the following clauses are included

“An employee may refer the dispute to the CCMA for arbitration if:

  • The employee alleges unfair discrimination on the grounds of sexual harassment; or
  • In any other case, that employee earns less than the amount stated in the determination made by the Minister in terms of section 6(3) of the Basic Conditions of Employment Act; or
  • Any party to the dispute may refer it to the CCMA for arbitration if all the parties to the dispute consent to arbitration.

Furthermore the amendments will allow a party affected by an arbitration award, to lodge an appeal against such arbitration award by the CCMA, concerning this section, to the Labour Court. The party appealing has 14 days from the date of the award to lodge an appeal with the Labour Court.

 

4.7 Requirement for representation at all occupational levels

The new amendments have deleted the reporting of and requirements for representation in occupational categories, with emphasis on the requirement for representation in the various occupational levels.

AmendmentSection 15, 16, 19, 20 and 21 which deal with the designated employer’s duty to consul; conduct an analysis of its workforce profile, policies practices and procedures; prepare and implement an employment equity plan; and report to the Director General have been changed in terms of reference to “occupational categories and levels.” The amendments take into account only “occupational levels.”The reason for this is that when consulting, analysing, planning and reporting across “occupational categories”, we see sufficient representation of designated groups; however, the real disparity with regards to equitable representation lies in the “occupational levels”. This change will force employers to focus on the real burning platform which affects transformation, i.e. underrepresentation of designated groups within “occupational levels” in their workplaces.

 

4.8 Reporting

All designated employers are required to report annually in October each year, or on a date specified in the regulations if such reporting submitted via e-filing. In the past, designated employers who employed less than 150 employees were only required to file a return once every two years.

 

Section 21 which deals with the designated employer’s duty to submit an EEA2 report to the Director General has changed significantly. In the past, there was a distinction made between reporting periods of Large employers (150+ employees) and Small employers (0 – 149 employees).With the amendments, all employers must now submit an EEA2 and EEA4 report every year, by the first working day of October or on such other date which may be prescribed.

Also, an employer who becomes designated on or after the first working day of April, but before the first working day of October, must submit its first report by the first working day of October the following year, or on such other date that may be prescribed. Please see a worked example of how this will affect your company below:

For example:

  • If you become designated on 18 June 2014, you must submit your report by the first working day of October 2015, or on such other date that may be prescribed
  • If you become designated on 15 March 2014, you must submit your report by the first working day of October 2014, or on such other date that may be prescribed
  • Furthermore, the amendments to this section stipulate that should you not be able to report by the first working day of October, you are obliged to notify the Director General in writing by the last working day of August in the same year and give reasons for your failure to report by the deadline
  • Another significant amendment to this section is that the Director General may apply to the Labour Court to impose a fine in accordance with Schedule 1 (see table above) if the employer:
  • Thus, to avoid unnecessary complications, reporting by the deadline is paramount.
  • Fails to submit a report in terms of this section;
  • Fails to notify and give reasons to the Director General for failing to report by the deadline;
  • Has notified the Director General of failure to submit, but the reasons are false or invalid.

Section 27 amendments were mentioned in the beginning, where we saw that “a difference in terms and conditions of employment between employees of the same employer performing the same or substantially the same work of equal value that is directly or indirectly based on the grounds of race, gender, pregnancy, marital status, family responsibility, ethnic or social origin, colour, belief, political opinion, culture language, birth or any other arbitrary ground amounts to unfair discrimination.

 

An employer is bound to progressively reduce these disparities.

 

4.9 Monitoring and compliance

Obligations of labour inspectors to request letters of undertaking from employers under certain circumstances have been removed. This means that an employer could be faced with a compliance order in the event that the designated employer has failed to prepare or implement an employment equity plan, and submit an annual report or prepare a successive employment equity plan.

Certain obligatory considerations by the director general during a DG review process have also been removed from the Act. Thus, the main consideration during the DG review process would be national and regional demographics and steps taken by an employer to train people from designated groups in order to achieve targets.

Maximum permissible fines which may be imposed for contravention of certain provisions of the Employment Equity Act

Enforcement measures and penalties:

  • The Director-General of the Department of Labour is now empowered to apply to the Labour Court to impose a fine on an employer who fails to prepare or implement an employment equity plan or who fails to file the required return.
  • Amendments to sections 36, 37, 39, 40, 42 and 45 seek to promote enhanced enforcement measures and prevent the use of reviews as a mechanism to delay the enforcement process.
  • The powers of a labour inspector to issue a compliance order was clarified and applies to specific provisions. By the same token the provisions for objections and appeals against compliance orders are repealed.
  • The Minister of Labour is empowered to make regulations for circumstances under which an employer’s compliance should be assessed with reference to the demographic profile or the national or regional economically active population.
  • Amendment to sections 59 and 61 increase the maximum fines for criminal offences from R10 000 to R30 000.
  • The maximum fines that may be imposed in terms of the Act for the contravention of certain provisions indicated are set out in Schedule 1 (see table 1). An employer’s turnover may be taken into account in determining the maximum fine that may be imposed for substantive failure to comply with the Act.
Previous Contravention Contravention of:S16 – Consultation with employeesS19 – AnalysisS 43(2) – Failure to provide information to DG as requested during DG review process

 

 

 

Contravention of any provisions ofS 20 – Employment Equity PlanS21 – ReportS23 – Successive Employment Equity Plans

S44(b) – Recommendations of DG

No previous contravention R1 500 000 The greater of R1 500 000 or 2% of the employer’s turnover
A previous contravention in respect of the same provision R1 800 000 The greater of R1 800 000 or 4% of the employer’s turnover
A previous contravention within the previous 12 months or two previous contraventions in respect of the same provision within three years R2 100 000 The greater of R2 100 000 or 6% of the employers’ turnover
Three previous contraventions in respect of the same provision within three years R2 400 000 The greater of R2 400 000 or 8% of the employer’s turnover
Four previous contraventions in respect of the same provisions within three years R2 700 000 The greater of R2 700 000 or 10% of the employer’s turnover

 

Turnover threshold for compliance as designated employer

The turnover for compliance purposes as a designated employer, other than the number of employees is R45 000 000 per annum in the retail motor industry.

AmendmentSection 36 dealing with a “written undertaking to comply” has been amended to state that a labour inspector may obtain a written undertaking to comply from the designated employer who has failed to:

  • Consult as per Section 16
  • Conduct an analysis as per section 19
  • Publish a report as per section 22
  • Assign responsibility as required by section 24
  • Inform employees of the Act as per section 25 or
  • Keep records as per section 26

From the list above, and as mentioned earlier, we can see that the duty to prepare and implement an employment equity plan as well as report are excluded. Failure to observe these two duties will allow for procession straight to the Labour Court upon application by the Director General.

Other changes state that if an employer fails to comply with a written undertaking within the time period stipulated in it, the Director General may apply to the Labour Court to make the undertaking or part thereof an order of the court.

Section 37 which deals a “compliance order” has been amended to state that a labour inspector may issue a compliance order to a designated employer who has failed to:

  • Consult as per Section 16 on the topics dealt with in S17
  • Conduct an analysis as per section 19
  • Publish a report as per section 22
  • Assign responsibility as required by section 24
  • Inform employees of the Act as per section 25 or
  • Keep records as per section 26

The previous provisions which state that the inspector can issue the compliance order if the employer refuses to sign a written undertaking to comply or has failed to adhere to the written undertaking by the deadline, have been taken out

With this change, we can see that inspectors will be faced with a choice of either securing a written undertaking or issuing a compliance order. I believe they will default straight to the compliance order.

Once again, we can see that the duty to prepare and implement an employment equity plan as well as report, are excluded. As before, failure to observe these two duties will allow for procession straight to the Labour Court upon application by the Director General.

Other changes state that if an employer fails to comply with a compliance order within the time period stipulated in it, the Director General may apply to the Labour Court to make the undertaking or part thereof an order of the court.

Section 39 and Section 40 which deal with and objection and appeal against a compliance order are repealed. Thus, the designated employer is left no recourse other than to wait for his day in Labour Court should he believe he has complied with the provisions of the compliance order and the Director General submits an application to Labour Court to impose fines in accordance with Schedule 1.

Section 42, governing the Director General’s “Assessment of Compliance” has seen the existing clauses being substituted with the following clauses:

In determining whether a designated employer in implementing employment equity in compliance with this Act, the Director general or any person or body applying this Act, may, in addition to factors listed in Section 15, take the following into account:

  • The extent to which suitably qualified people from designated groups are equitably represented within each occupational level of the employer’s workforce in relation to the demographic profile of the national and regional economically active population;
  • Reasonable steps taken by the designated employer to train suitably qualified people from the designated groups
  • Reasonable steps taken by the designated employer to implement its employment equity plan
  • The extent to which the designated employer has made progress in eliminating employment barriers that adversely affect people from designated groups
  • reasonable steps taken by the employer to appoint and promote suitably qualified people from designated groups
  • Any other prescribed factor.

Further to these changes, the Minister may, after consultation with NEDLAC, issue a regulation which must be taken into account when determining whether a designated employer is implementing employment equity in compliance with the Act

This regulation may also specify the employer’s compliance with reference to either the national or regional economically active profile.

In any assessment of its compliance with this Act or in any court, a designated employer may raise any reasonable ground to justify its failure to comply.

Section 45 which describes the consequences in “failing to comply with Director General’s request or recommendation” has changed significantly.

The amendment now stipulates that if an employer fails to comply with a request made by the Director General for the employer to:

  • submit copies of its analysis or Employment Equity Plan;
  • submit any record, book correspondence or information which could be relevant to this Act;
  • honour a request for a meeting with the employer to discuss its employment equity plan and implementation thereof;
  • allow a meeting with an employee or union, workplace forum or other relevant person;
  • The Director General may then apply to the Labour Court
  • for an order directing the employer to comply with the request or recommendation; or
  • If the employer fails to justify the failure to comply with the request or recommendation, to impose a fine in accordance with Schedule 1.

Further to this, if an employer notifies the Director General in Writing within the period specified in the request or recommendation that it does not accept the request or recommendation, the Director General must institute an application to the Labour Court in accordance with (a) and (b) above within:

  • 90 days of receiving the employers notification, in the case of a request; or
  • 180 days of receiving the employer’s notification, in the case of a recommendation.

Should the Director General not institute proceedings in the timeframe stipulated above, the request or recommendation lapses.

Should an employer challenge the validity of the Director General’s request or recommendation, the challenge can only be made in Labour court proceedings as described above.

The introduction of these timeline will give more clarity to employers regarding how to deal with a request or recommendation but will place a large amount of pressure on the employer to firstly, adhere to both a request and recommendation and secondly, on the Director General to enforce compliance.

Section 48 which deals with the “powers of a commissioner in arbitration proceedings”, has been amended to state that an award made by the commissioner of the CCMA hearing a matter in terms of Section 10 may include any order which can include payment of compensation by the employer to that employee, payment of damages by the employer to that employee and / or an order directing the employer to take steps to prevent the same discrimination or a similar practice from occurring, but, an award of damages mat not exceed the amount stated in terms of section 6(3) of the Basic Conditions of Employment Act.

This clause was amended to ensure congruence between the EE Act and the BCEA.

Section 50 which stipulates the “powers of the Labour Court” has introduced an additional clause which states that fines payable in terms of the Act must be paid into the National Revenue fund. In the original Act, there was no mention of where fines were to be paid into.

 

This section has also indicated that the Labour Court has the power to review an administrative action I terms of the Act on any grounds that may be permissible by law.

Conclusion

With all the amendments mentioned above, we can clearly see that the Department of Labour is taking its role very seriously with regards to employment equity.

Not only has dealing with the adverse effects of past discrimination become a social imperative, but compliance with Employment Equity Legislation has now, more than ever, become a business imperative.

Employers who fail to comply with the provisions of the Employment Equity Act No 55 of 1998 and the Employment Equity Amendment Act, 2013 not only face large financial penalties in the form of fines from an Employment Equity legislative perspective and adverse consequences on their B-BBEE scorecards by failing to transform, but they may tarnish their corporate reputation and lose their competitive advantage when recruiting and retaining high performing staff as well as tendering for business.

Read more about the Employment Equity Training Course online

 

Employment Equity Training

The new Employment Equity Amendment Bill which has just been released, has far stricter stipulations for employers who don’t take EE seriously. Its impact will be hard hit in small, medium-sized, and large South African businesses.

Employers who don’t comply can expect harsher enforcement, penalties and even prosecution in extreme cases.Companies could potentially receive fines of up to R3 million or up to ten percent of their annual turnover.

The Department of Labour is now issuing fines of up to R900 000 or 10% of annual turnover to companies who don’t fully comply with the Employment Equity Act. This training programme enables managers and consultation forums to work together effectively to ensure a constructive business transformation process.

This course will enable participants to:

  • Develop a common understanding of the Employment Equity and Skills Development Acts and their relevance to business in South Africa
  • Understand the functions and responsibilities of Employment Equity Consultation Committees
  • Know how to provide a meaningful contribution as members of a committee, through the understanding of essential skills required for consultation and meeting processes
  • Consult constructively with all staff on the drawing up and implementation of Employment Equity plans
  • Share information on what other South African organizations are doing to practically implement EE plans

Every designated employer is required to design and implement an employment Equity plan. 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.

An employment Equity plan therefore must clearly set out the steps that the employer plans to follow to achieve these objectives. In order to assist employers, the Department of Labour published a Code of Good Practice on the Preparation, Implementation and Monitoring of Employment Equity Plans. The Department of Labour also published a user guide to the employment Equity act, detailing 10 steps to preparing and implementing an employment Equity plan. Every employer should be in possession of at least these two documents – the Code of Good Practice and the User Guide.

There is no rigid format for an employment Equity plan, and the act allows employers to customise the plan to suit their own needs. Employment Equity and affirmative action applies to all designated employers and their employees, particularly those employees from designated groups. Designated employers are employers who employee 50 or more employees, employers who employ less than 50 employees but whose annual turnover exceeds or equals the amounts in schedule 4 of the EEA, or an employer who has been declared a designated employer in terms of a collective agreement.

Certain state organs are excluded, such as the National Defence Force, the National Intelligence Agency and the South African Secret Service. Designated groups are Africans, Coloureds, and Indians, woman of all races, and people with disabilities. All employers who have 50 or more employees on the date on which reports were due are required to report, and all employers who have 150 or more employees on the date on which reports were due are required to comply with the reporting requirements for larger employers.

Chapter 3 of the employment Equity act requires that employers take certain affirmative action measures to achieve employment Equity.

  • Employers must consult with the unions and employees in order to make sure that the plan is accepted by everybody and to allow all parties to have fair input
  • Employers must analyse all employment policies, practices and procedures, and prepare a profile of their workforce in order to identify any problems relating to employment Equity.
  • Employers must prepare and implement an employment Equity plan, setting out the affirmative action measures they intend taking to achieve the employment Equity goals.
  • Employers must report to the Department of Labour on the implementation of the plan in order for the department to monitor their compliance.
  • Employers must display a summary of the provisions of the act in all languages relevant to their workplace. The summaries are available from the government printer and certain offices of the Department of Labour.

In the implementation of EE, we are concerned with a number of documents. These are the Code of Good Practice on the Implementation of Employment Equity Plans, the Employment Equity Act itself, the Regulations under the Employment Equity Act, and the user guide published by the Department of Labour. The Code of Good Practice on the Implementation of Employment Equity Plans is not law. It has been published as a guide to employers, and it does give some valuable tips and information. Despite not being law, the Code must be taken into account.

COURSE SUMMARY

  • Course Description: Employment Equity Training
  • Accredited:  NO. The training provider and the facilitators is however accredited, but not this course.
  • Duration: 2 days (booking for Committee members only 1 day required)
  • Hidden fees: None
  • Certificate: Certificate of attendance unless otherwise stated.
  • Activities/Assessment: Learners are required to apply skills and knowledge obtained on the course in the workplace. The facilitator will incorporate 70% practicality by means of examples, activities and role-plays during the contact session. Learners will receive a learner guide which will guide them thorough the process.
  • Location: Public courses in KZN Durban but we do from time to time schedule classes in Cape Town and Gauteng.
  • Discounts: No membership discount apply with short courses. Also see “Corporate Discount Packages” below for additional packages offered.
  • Pricing: Click here for a full pricing schedule
  • Additional Courses: We also offer our SETA Accredited Courses on request that will only include the learner guide. Additional cost of R55 for workbook optional.

SUPPORTING STRUCTURES

Currently we have the following supporting structures in place for our members:

  • Telephone support 7 days a week.
  • Whatsapp –
    • Cell. 0825507946 Tel. 0867227014 English.
    • Cell. Zulu 0727372733 Tel. 0318115749 English/Zulu.
  • Helpdesk – www.help.trainyoucan.co.za – 7 days a week (integrated email and sms notifications).
  • Weekly workshops in Durban on Fridays between 8am and 12am.
  • Skype support – contact helpdesk for details.
  • Members private forum with model answers to all  activities including JOB opportunities.

COURSE DETAIL

This programme consist of the following key areas:

1. ABOUT EMPLOYMENT EQUITY
-What is the background to Employment Equity?
-What was the background to the employment equity legislation?
-When must employers report?
-What is the purpose of the employment Equity Act in South Africa?
-What happens if I don’t report to the Department of Labour?

2. EMPOLOYMENT EQUITY STRATEGY
-What is an Employment Equity Strategy?
-When does Employment Equity planning take place?
-Who is involved in developing an Employment Equity Strategy?
-What information is included in an Employment Equity Strategy?
-What are qualitative goals and objectives?
-What are quantitative goals and objectives?
-Can the government-wide goals be adjusted to meet departmental needs?
-Criteria for Effective Employment Equity Programs

3. CODES OF GOOD PRACTICE
-Introduction
-The Purpose of the Codes of Good Practice

4. AFFIRMATIVE ACTION
-What is affirmative action?
-What is the aim of affirmative action?
-Practically, how would this reflect in a workplace?
-Where does affirmative action apply?
-What does an employer need to do to comply?
-What else is expected from an employer?

5. BLACK ECONOMIC EMPOWERMENT
-BEE objectives
-BEE codes and scorecard

6. DISCRIMINATION
-Unfair discrimination:
-Steps to take when unfair discrimination takes place:

7. RECRUITMENT AND SELECTION PROCESS
-Discrimination and the right to privacy in the recruitment process.
-Direct and indirect discrimination:
-The difference between fair and unfair discrimination:
-Affirmative action measures:
-Inherent requirement of the job:
-Medical Testing
-Psychometric testing
-Privacy during an Interview
-How does affirmative action and skills shortage affect recruitment?
-Suitably qualified Candidates.

8. EMPLOYMENT EQUITY COMMITTEE / FORUM
-Employment Equity Managers
-Some of the critical interventions needed to make your EE Committee effective, are:
-Selection and appointment of Employment Equity Committee / Forum
-Objectives for the Committee or Forums:

9. EMPLOYMENT EQUITY PLAN
-General Equity Plan questions and answers.
-Definitions

10. EMPLOYMENT EQUITY REPORT
-Form EEA 2
-Form EEA 4
-Other Employment Equity Forms

11. COMMUNICATION DURING MEETINGS
-The Meeting’s Objective
-Use Time Wisely
-Satisfying Participants that a Sensible Process Has Been Followed

New amendments to the Employment Equity Act 2014 planned:

 Recruit new staff…

  1. Train staff…
  2. Pay your employees…
  3. Do your EE reporting…
  4. Do your EE plans…

WHO SHOULD ATTEND

  • General Staff
  • Supervisors
  • Junior Management
  • Senior Management
  • Equity Forum Members

ENROLMENT REQUIREMENTS

  • Minimum of 14 days workplace experience in the workplace. (part time or full time)
  • Basic communication skills (English = reading and writing skills on a NQF level 1 (Grace 8 or higher))
  • Able to attend the contact session and any of our workshops offered.

Learner preparation for the contact session (Classroom Training)

COMPULSORY:

    • Attending the full contact session. (Classroom Session)
    • Copy of ID document
    • Pen and paper.

PROCESS FLOW

  1. Enrol as a learner with Trainyoucan by completing the application form. (PDF document or the online enrolment)
  2. Attend the contact session with Trainyoucan.
  3. We provide you with all the learning material that you need.
  4. Certification (Attendance) on completion.

CORPORATE PACKAGES – ON-SITE (YOU SAVE MONEY)

We offer corporate packages on site to reduce the cost and make training more affordable. Our corporate packages work as follows:

  1. You provide the venue – you safe money!
  2. We provide the Facilitator – you only pay the daily Facilitator rate!
    • Facilitator daily rate
    • Administration and booking fee
    • Delegate manual and certificate: R95 per person Inc.
    • Travelling: only outside urban areas where specified.
  3. Set price of R95 per manual and certificate or each person attending.
  4. Deposit 50% required as confirmation of the course and 50% on completion (last day).

Terms of agreement:

  • The employer provide the venue.
    • Where possible we require we request U-Shape or Boardroom style.
    • Employer to indicate if flipchart is available. (TRAINYOUCAN will provide where not possible)
  • The employer provide refreshments (teas on arrival, morning and afternoon) – Where not possible TRAINYOUCAN will make arrangements.
  • Catering – this is totally dependent on the employer/organisations internal policies and procedures.
  • Session start: All sessions will be starting 8h30 in the morning until 16h00 unless otherwise communicated.
  • TRAINYOUCAN will provide an SETA Accredited Facilitator with the scope to deliver the required programmes for the duration of the course.
  • Maximum of 12 delegates per class requested.
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Originally posted 2014-07-21 11:50:57. Republished by Blog Post Promoter

Employers duty to report Employment Equity Report – 2014 Amended

Employers duty to report Employment Equity Report

1. A Designated employer must submit a report in terms of section 21 of the Act annually on the first working day of October or on such other date as may be prescribed suing the EEA2 form to the Director General and the report must be addressed to the Employment Equity Registry, Department of Labour, Private Bag X117, Pretoria, 0001.
2. A designated employer may also submit an employment equity report electronically using the online reporting system available on the department website, www.labour.gov.za by the prescribed date.
3. An employer, who becomes designated on or after the first working day of April, but before the first working day of October must only submit its first report on the first working day of October in the following year or on such other date as may be prescribed.
4. A designated employer that is a holding company with more than one registered entity may choose to submit a consolidated report.
5. A designated employer who chooses to submit a consolidated report contemplated in sub regulation 3(4) must have a consolidated plan which is supported by individual employment equity plans for each registered entity included in the consolidated report.
6. The method of reporting for the duration of the plan should remain consistent from year-to-year and from reporting period to reporting period.
7. An employer must inform the Department in writing immediately of any changes to their trade name, designation status, contact details or any other major changes, including mergers, acquisitions and insolvencies.
8. A designated employer who is unable to report by the first working day of October must notify and provide reason in writing to seek the approval of the Director-General by completing and submitting he EEA14 form before the last working day of August in the same year of reporting.
9. A designated employer must retain a copy of the report for a period of five years after it has been submitted to the Direct-General.
10. In terms of Section 22, every designated employer that is a public company must publish a summary of a report required by Section 21 reflecting progress in their annual financial report by using the EEA10 annexure for guidance. Furthermore when a designated employer within any organ of state has produced a report in terms of Section21, the minister responsible for that employer must table that report in Parliament.
11. Any employment equity report (EEA2), except for the income Differential Statement reflected in the EEA4 form, submitted to the Department of Labour is a public document. A request for a copy of such are report may be made by the public by completing and submitting theEA11 form.

Duties of a designated employer – 2014 Amended

1. When a designated employer collects information contemplated in section 19 of Act, the employer must request each employee in the workforce to complete a declaration using the EEA1 form.
2. An employee may add information to the EEA1 form.
3. Where an employee refuses to complete the EEA1 form or provides inaccurate information, the employer may establish the designation of an employee by using reliable historical and exciting data. People with disabilities have the right to declare or not to declare their disability.
4. A designated employer must use section B of the EEA2 form to develop the profile of the employer’s workforce as required by section 19(d) of the act.
5. When a designated employer conducts the analysis as required by section 19 of the Act, the employer may refer to:
A) EEA8, a guide on the applicable national and regional economically active population (EAP):, and
B) EEA9, which contains a description of occupational levels.
6. A designated employer must refer to the relevant Codes of Good Practices issued in terms of section 54 of the Act as a guide when collecting information and conducting the analysis required by section 19 of the Act.
7. A designated employer must conduct an analysis as required by section 19 of the act in terms of the EEA12 by reviewing its workforce profile and employment policies, practices, procedures and the working environment in order to identify employment barriers which adversely affect people from designated groups from being equitably represented across all occupational levels.

Duty to prepare and implement and employment equity plan – 2014 Amended

Duty to prepare and implement and employment equity plan

1. A designated employer must refer to the relevant Codes of Good Practice issued in terms of section 54 of the Act when preparing an employment equity plan contemplated in section 20 of the Act.
2. The employment equity plan must contact, at a minimum, all the elements contained in the EEA13 template of these regulations.
3. A designated employer must retain their employment equity plan for a period of five years after the expire of the plan.
4. A designated employer must refer to the EEA9 in the regulations for guidance on how to differentiate between the various occupational levels.

Re: Employment Equity Regulations – Draft 2014

According to the new Regulations, companies that employ more than 150 people will have to use the “national economically active population” demographics for three upper levels (top and senior management and professionally qualified) and an average of national and regional demographic for the three lower levels (skilled, semi-skilled and unskilled technical) as a guide when determining targets.

Companies that employ less than 150 people will have to use the “national economically active population” demographics for two upper levels and an average of national and the regional demographic for four lower levels.