Author Topic: ]Employment Equity Act, 1998 (Act No. 55 of 1998)  (Read 1370 times)

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]Employment Equity Act, 1998 (Act No. 55 of 1998)
« on: November 30, 2015, 06:56:57 PM »
Employment Equity Act, 1998 (Act No. 55 of 1998)

To provide for employment equity; and to provide for matters incidental thereto.

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; and
that those disparities create such pronounced disadvantages for certain categories of people that they cannot be redressed simply by repealing discriminatory laws,
Therefore, in order to-
promote the constitutional right of equality and the exercise of true democracy;
eliminate unfair discrimination in employment;
ensure the implementation of employment equity to redress the effects of discrimination;
achieve a diverse workforce broadly representative of our people; promote economic development and efficiency in the workforce; and
give effect to the obligations of the Republic as a member of the International Labour Organisation,

Purpose of this Act

The purpose of this Act is to achieve equity in the workplace by—
(a)   promoting equal opportunity and fair treatment in employment through the elimination of unfair discrimination; and
(b)   implementing affirmative action measures to redress the disadvantages in employment experienced by designated groups, in order to ensure their equitable representation in all occupational levels in the workforce.
[Paragraph (b) amended by section 2 of Act No. 47 of 2013]

Interpretation of this Act

This Act must be interpreted—
(a)   in compliance with the Constitution;
(b)   so as to give effect to its purpose;
(c)   taking into account any relevant code of good practice issued in terms of this Act or any other employment law; and
(d)   in compliance with the international law obligations of the Republic, in particular those contained in the International Labour Organisation Convention (No. 111) concerning Discrimination in Respect of Employment and Occupation.
Application of this Act

(1)   Chapter II of this Act applies to all employees and employers.
(2)   Except where Chapter III provides otherwise, Chapter III of this Act applies only to designated employers and people from designated groups.
(3)   This Act does not apply to members of the National Defence Force, the National Intelligence Agency, the South African Secret Service, or the South African National Academy of Intelligence.

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