Progress on the implementation of the Employment Equity Act
Department of Labour
Agenda
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Recap on objectives of Act
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Implementing the Act
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Prohibition of discrimination
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Affirmative action: ten steps to achieve employment equity
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Codes of Good Practice
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Public service
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Procurement
Purpose of Act
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Promote equal opportunity and fair treatment in employment through elimination of unfair discrimination
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Implement affirmative action measures to redress the disadvantages in employment experienced by blacks, women and people with disabilities.
Provisions of Act
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Chapter 1: Definitions
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Chapter 2: Prohibition of unfair discrimination
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Chapter 3: Affirmative action
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Chapter 4: Commission for Employment Equity
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Chapter 5:Monitoring, enforcement and legal proceedings
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Chapter 6: General
Prohibiting unfair discrimination
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Act specifies circumstances when
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discrimination is prohibited (unfair)
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discrimination is fair.
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Disputes can be dealt with
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internally
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CCMA: conciliation and arbitration (if parties agree)
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Labour Court.
Progress on prohibiting unfair discrimination
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CCMA processed 107 cases dealing with discrimination between August and Dec
1999
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Jurisprudence mixed
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focused on technical points
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Woolworths case reversed on appeal.
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Extensive advocacy campaign.
Affirmative Action
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Employers are required to take certain steps to achieve employment equity
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Steps are spelt out in:
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Act
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Regulations
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code of Good Practice on the Preparation, Implementation and Monitoring of Employment Equity Plans
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Department will present them as ten steps.
The Ten Steps
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Preparation
Step 1: Assign responsibility
Step 2: Communication, awareness and training
Step 3: Consultation
Step 4: Analysis
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Implementation
Step 5: Affirmative Action measures and objectives
Step 6: Time frames established
Step 7: Allocation of resources
Step 8: Plan communication
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Monitoring
Step 9: Monitor, evaluate, and review
Step 10: Report
Phase 1: Preparation
STEP 1: Assigning responsibility
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EE Managers should:
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Be permanent employees
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Report directly to the CEO
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Have key employment equity outcomes
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EE Managers need:
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The necessary authority or mandate
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An appropriate budget
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Time off from other duties and commitments
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Access to required resources
STEP 2: Communication, awareness and training
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All employees should
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be made aware and informed of the content and application of the Act
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be sensitised with regard to employment equity and anti-discrimination issues
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be informed regarding the process to be followed
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understand the importance of their participation in the process
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be made aware of the need for participation of all stakeholders
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Managers should:
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be informed of their obligations in terms of the Act
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be offered training in diversity management and related skills
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understand that discrimination can be direct, indirect, or as a result of inaction or victimisation
STEP 3: Consultation
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Start process as early as possible
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How should this happen?
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A consultative forum should be established or an existing forum used if this is
appropriate
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Who should be included?
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All stakeholders such as:
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Representative trade unions
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Employee representatives from:
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designated groups
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non-designated groups
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all occupational categories and levels
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Senior management, including the managers assigned with responsibility
STEP 4: Analysis
Firstly assess all employment policies, practices, procedures, and the working environment in order to:
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identify barriers that may
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contribute to the under-representation or under-utilisation of employees from the designated groups
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contribute to the lack of affirmation of diversity in the workplace
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adversely affect designated groups and
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identify practices or factors that positively promote employment equity and diversity in the workplace.
What should be reviewed?
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employee benefits arrangements
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disciplinary practices
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working conditions
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the number and nature of dismissals, voluntary terminations and retrenchments
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corporate culture
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practices relating to the management of HIVIAIDS in the workplace which could be discriminatory
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any other practices or conditions that are tabled by the consultative forum.
Secondly do a work place profile to determine the extent of under-representation of employees from the designated groups in the different occupational categories and levels of the employer's workforce.
An employer can compare his workforce profile:
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with those of organisations of his workforce a similar size
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with those of organisations within the same sector or industry
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with those of organisations which are structurally similar and whose activities spread over a similar geographic area
Phase 2: Implementation
STEP 5: Affirmative Action measures and objectives
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What are affirmative action measures?
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those measures that need to be taken to address the employment policies, practices, and working conditions that were identified in Step 4 as having an adverse effect on the employment and advancement of members of designated groups.
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For each specific practice identified, an affirmative action measure or measures need to be formulated and developed.
STEP 6: Time frames
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The duration of a plan should be between one and five years.
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Employers should decide on the duration of their plans given their particular circumstances and the timeframe in which they can make meaningful progress.
STEP 7: Resources
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There should be adequate resources including:
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Budgets which should be appropriately allocated.
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People such as the manager(s) assigned with responsibiIity.
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Time off for stakeholders.
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Infrastructure such as a project office or meeting rooms.
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Training and information sharing.
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Any other resources that may be appropriate in the circumstances.
STEP 8: Communicate the plan
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Communication should inform stakeholders:
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Who is responsible for the implementation of the plan
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Where information regarding the plan can be obtained
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Objectives and duration of the plan
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Dispute resolution procedures
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Roles and responsibilities
Progress report on affirmative action
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Documentation well received
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Large number of inquiries and presentations
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Some reports coming in but often not compliant
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Establishment of registry outsourced
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Feedback on compliance profiles expected November 2000.
Codes of Good Practice
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Codes and regulations promulgated by Minister after advise of Commission for Employment Equity
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Commission considered:
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Code on the preparation, implementation and monitoring of EE plans
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Regulations including forms.
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CEE is considering following Codes:
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Key aspects of HIVIAIDS and employment
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Disability management in the workplace
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Human resource policies and practices that support employment equity.
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HIVIAIDS code published for public comment
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Codes may be accompanied by technical assistance guidelines.
Public sector
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Organs of state expected to report like all other employers
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In addition they are required to table a report in Parliament
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President needs to publish a list of all designated employers within organs of state by 1 June 2000.
Procurement
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Section 53 of the Act has not yet been promulgated
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Requires
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That employers have first submitted first reports;
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Co-ordination with the state and provincial tender boards.
Phase 3: Monitoring
STEP 9: Monitoring and evaluating the plan
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Employers should
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Keep records of the plan.
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Implement mechanisms to monitor and evaluate the implementation of the plan.
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Evaluate progress at structured and regular intervals.
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Report on progress to the consultative forum and all stakeholders.
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Review and revise the plan through the consultation process.
STEP 10: Reporting
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Two reports have to be completed:
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Employment Equity Report- Form EEA2.
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Income Differential Statement- Form EEA4.
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Second report includes a progress report.
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150 or more employees:
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Report annually to the Department of Labour
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1 June 2000 and thereafter annually on the first working day of October.
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Less than 150 employees:
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Report bi-annually to the Department of Labour
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1 December 2000 and thereafter every second year on the first working day of October.
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Fewer reporting requirements.
Supporting documentation
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Forms and annexures to the Regulations
EEA1 Employee Declaration
EEA2 Report Form
EEA3 Summary of the Act
EEA4 Income Differential Statement
EEA8 Demographic Information
EEA9 Occupational Levels
EEA10 Occupational Categories
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Code of Good Practice
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User Booklet
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Website
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Video