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Marius Scheepers & Company Attorneys |
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Regulations under the Employment Equity
act, 55 of 1998 (updated 01/03) GENERAL
ADMINISTRATIVE REGULATIONS 1 Definitions In these regulations any
expression that is defined in the Employment Equity Act, 1998, has that
meaning and unless the context otherwise indicates- ‘Director-General’ as it
appears in sections 14 and 21 of the Act, means the Director-General of
Labour, Employment Equity Registry, Department of Labour, Private Bag X117,
Pretoria, 0001; ‘Director-General’ as it
appears in sections 34, 37, 39, 40, 42, 43, 44 and 45 of the Act, means the
Provincial Director of the Department of Labour- (i) in the province of KwaZulu/Natal, the
Provincial Director, Department of Labour, PO Box 940, Durban, 4000, Tel
(031) 336 1500, Fax (031) 307 6882; (ii) in the province of the Northern Cape, the
Provincial Director, Department of Labour, Private Bag X5002, Kimberley,
8300, Tel (053) 838 1500, Fax (053) 832 4798; (iii) in the Northern Province, the Provincial
Director, Department of Labour, Private Bag X9368, Pietersburg, 0700, Tel
(015) 290 1744, Fax (015) 290 1670; (iv) in the province of North-West, the Provincial
Director, Department of Labour, Private Bag X2040, Mmabatho, 2735, Tel (018)
384 2033, Fax (018) 384 2597; (v) in the province of Eastern Cape, the
Provincial Director, Department of Labour, Private Bag X9005, East London,
5200, Tel (043) 701 3000, Fax (043) 743 9719; (vi) in the province of Mpumalanga, the Provincial
Director, Department of Labour, Private Bag X7263, Witbank, 1035, Tel (013)
655 8700, Fax (013) 690 2622; (vii) in the province of the Free State, the
Provincial Director, Department of Labour, PO Box 522, Bloemfontein, 9300,
Tel (051) 430 3001, Fax (051) 447 9353; (viii) in the province of Gauteng: Gauteng-South: in the
Magisterial Districts of Alberton, Boksburg, Brakpan, Germiston, Heidelberg,
Johannesburg, Kempton Park, Oberholzer, Randburg, Roodepoort, Vanderbijlpark,
Vereeniging and Westonaria, the Provincial Director, Department of Labour, P
O Box 4560, Johannesburg, 2000, Tel (011) 497 3000, Fax (011) 834 1081; Gauteng-North: in the
Magisterial Districts of Benoni, Bronkhorstspruit, Cullinan, Krugersdorp,
Nigel, Pretoria, Randfontein, Soshanguvel, Soshanguve 2, Springs and
Wonderboom, the Provincial Director, Department of Labour, PO Box 393,
Pretoria, 0001, Tel (012) 309 5000, Fax (012) 323 5449; (ix) in the province of the Western Cape, the
Provincial Director, Department of Labour, PO Box 872, Cape Town, 8000, Tel
(021) 460 5911, Fax (021) 465 7318; ‘the Act’ means
the Employment Equity Act, 1998 (Act 55 of 1998). 2 Collecting information and conducting
an analysis (section 19 of the Act) (1) When a
designated employer collects information about individual employees for the
purposes of compiling a workforce profile to determine the degree to which
employees from designated groups might be underrepresented, the employer must
either-
(a) request each employee in the workforce to
complete, on a voluntary basis, a declaration that must be in the form of EEA
1 or contain the information required by that form; or (b) use existing dependable records of the
employer, containing the information required by form EEA1. (2) If the
designated employer uses form EEA 1, all employees who complete the form must
at any time be able to make changes to the form at their request.
(3) If the
designated employer elects to use a source of information referred to in
subregulation (1) (b), each employee has the right to verify any information
relating to that employee, and to request that changes be made to that information.
(4) A
designated employer may use section B of form EEA 2 to develop the workforce
profile of the employer’s employees as required by section 19 (2) of the Act.
(5) When a
designated employer conducts the analysis required by section 19 (1) of the
Act, the employer may refer to-
(a) EEA8 Annexure I, for the recording of
demographic data; (b) EEA9 Annexure 2, which contains a
definition of occupational levels; and (c) EEA 10 Annexure 3, which contains a
definition of occupational categories. (6) A
designated employer may refer to the Code of Good Practice: Preparation,
Implementation and Monitoring of Employment Equity Plans as a guide when
collecting information and conducting the analysis required by section 19 of
the Act.
3 Duty to prepare and implement an
employment equity plan (section 20 of the Act) (1) A
designated employer may refer to the Code of Good Practice: Preparation,
Implementation and Monitoring of Employment Equity Plans when preparing the
employment equity plan required by section 20 of the Act.
(2) A
designated employer must retain the employment equity plan for a period of
three years after the expiry of the plan, unless the employer employs fewer
than 150 employees, in which case the plan must be retained for two years.
(3) The
employment equity plan must contain a description of the measures taken by
the designated employer to ensure non-discrimination in relation to HIV/AIDS
in that employer’s workplace.
(4) ‘A
workplace’ means the place or places where the employees of an employer work.
If an employer carries on or conducts two or more operations that are
independant of one another by reason of their size, function, or
organisation, the place or places where employees work in connection with
each independant operation, constitutes the workplace for that operation.
4 Duty to report (section 21 of the Act) (1) Each
designated employer must submit a report in teens of section 2 l of the Act,
which must be in the form of EEA 2 or contain the information required by
that form.
(2) A
designated employer whose operations extend across different geographical
areas, functional units, workplaces or industry sectors may elect to submit a
consolidated or separate report for each of these.
(3) A
designated employer must retain a copy of the report for a period of three
years after it has been submitted to the Director-General, unless the
employer employs fewer than 150 employees, in which case the report must be
retained for two years.
(4) Despite
subclause (1) of this Regulation, a designated employer who employs less than
150 employees must submit a report in terms of section 21 of the Act which
must be in the form of either EEA2 or EEA2A or contain the information
required by either such form.
[Clause 4 (4) inserted by
GN R955 of 2 October 2000] 5 Duty to inform (section 25 of the Act) (1) Each
employer must display the notice required by section 25 (1) of the Act in the
form of EEA 3, in all the official languages spoken in that employer’s
workplace.
(2) If there
are employees in the workplace who are unable to read this notice, the
employer must inform those employees verbally about the provisions of the
Act.
(3) The notice
referred to in subregulation (1) is annexed in the following forms, each in
the official language as indicated:
6 Income Differentials (section 27 of
the Act) (1) Each
designated employer must submit a statement of income differentials required
by section 27 of the Act in the form of EEA 4, or in a document that contains
the information required by that form.
(2) When
completing the statement, designated employers may refer to EEA 10 for a
definition of occupational categories.
(3) Designated
employers must submit the statement to: Employment Conditions Commission, c/o
Employment Equity Registry, Department of Labour, Private Bag X 1 17,
Pretoria, 0001.
(4) Designated
employers must retain a copy of the statement for a period of three years
after it has been submitted to the Employment Conditions Commission, unless
the employer employs fewer than 150 employees, in which case the statement
must be retained for two years.
(5) Despite
subclause (1) of this Regulation, a designated employer who employs less than
150 employees must submit a statement of income differentials required by section
27 of the Act in the form of either EEA4 or EEA4A, or in a document that
contains the information required by either such form.
[Clause 6 (5) inserted by
GN R955 of 2 October 2000] 7 Proof of submission (1) Whenever a
person is required to satisfy any other person that a copy of any document
required or prescribed by the Act or these regulations has been submitted to
another party, that person may do so by providing-
(a) a copy of the proof of mailing the document
by registered post to the other party; (b) a copy of the telegram, telex, telefax or
e-mail, including proof of transmission, communicating the document to the
other party; (c) a copy of a receipt signed by the other
party or on that party’s behalf if the document was delivered by hand; or (d) a statement confirming delivery signed by
the person who delivered the document. 8 Enforcement (Chapter 5 of the Act) (1) Securing an
undertaking (section 36 of the Act)
Any undertaking secured
by a labour inspector in terms of section 36 of the Act must be in the form
of EEA 5 or contain the information required by that form. (2) Compliance
order (section 37 of the Act)
A compliance order
issued by a labour inspector under section 37 of the Act must be in the form
of EEA 6 or contain the information required by that form. (3) Objections
to a compliance order (section 39 of the Act)-
(a) An objection lodged by a designated
employer under section 39 of the Act must be in the form of EEA 7 or contain
the information required by that form. (b) The objection must be lodged with the
Provincial Director at any provincial office of the Department of Labour
listed in regulation 1 (b). 9 (1) Any person who applies to obtain a copy of any report submitted in
terms of section 21 (6) of this Act must submit a completed form EEA11 to the
Employment Equity Registry. (2) The prescribed fee for a copy of the report is R15,00 payable in
revenue stamps, which must be affixed to the form referred to in subclause
(1). An A5 sized self addressed envelope, postage paid, must accompany the
form. [Clause 9 inserted by GN
R955 of 2 October 2001]
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