Summary Human Resource

EMPLOYMENT EQUITY ACT
NO. 55 OF 1998
[View Regulation]


[ASSENTED TO 12 OCTOBER, 1998]
[DATE OF COMMENCEMENT: 1 DECEMBER, 1999]

(Unless otherwise indicated)
(English text signed by the President)

This Act has been updated to Government Gazette 37871 dated 25 July, 2014.


as amended by

Intelligence Services Act, No. 65 of 2002
[with effect from 20 February, 2003]


Electronic Communications Security (Pty) Ltd Act, No. 68 of 2002
[with effect from 28 February, 2003]


General Intelligence Laws Amendment Act, No. 52 of 2003
[with effect from 28 February, 2003]


Employment Equity Amendment Act, No. 47 of 2013




ACT

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

Preamble.—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; 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,


ARRANGEMENT OF ACT

(Editorial Note: The wording of section 8 in the Arrangement of Sections below has been changed from the original
words published in the Gazette to reflect the actual section heading that appears within the Act.)

CHAPTER I
DEFINITIONS, PURPOSE, INTERPRETATION AND APPLICATION
1. Definitions
2. Purpose of this Act
3. Interpretation of this Act
4. Application of this Act


CHAPTER II
PROHIBITION OF UNFAIR DISCRIMINATION

,5. Elimination of unfair discrimination
6. Prohibition of unfair discrimination
7. Medical testing
8. Psychological testing and other similar assessments
9. Applicants
10. Disputes concerning this Chapter
11. Burden of proof


CHAPTER III
AFFIRMATIVE ACTION
12. Application of this Chapter
13. Duties of designated employers
14. Voluntary compliance with this Chapter
15. Affirmative action measures
16. Consultation with employees
17. Matters for consultation
18. Disclosure of information
19. Analysis
20. Employment equity plan
21. Report
22. Publication of report
23. Successive employment equity plans
24. Designated employer must assign manager
25. Duty to inform
26. Duty to keep records
27. Income differentials and discrimination


CHAPTER IV
COMMISSION FOR EMPLOYMENT EQUITY
28. Establishment of Commission for Employment Equity
29. Composition of Commission for Employment Equity
30. Functions of Commission for Employment Equity
31. Staff and expenses
32. Public hearings
33. Report by Commission for Employment Equity


CHAPTER V
MONITORING, ENFORCEMENT AND LEGAL PROCEEDINGS

PART A
Monitoring
34. Monitoring by employees and trade union representatives

Enforcement
35. Powers of labour inspectors
36. Undertaking to comply
37. Compliance order
38. Limitations
39. ......
40. ......
41. Register of designated employers
42. Assessment of compliance
43. Review by Director­General
44. Outcome of Director­General’s review
45. Failure to comply with Director­General’s request or recommendation

PART B
Legal proceedings
46. Conflict of proceedings
47. Consolidation of proceedings
48. Powers of commissioner in arbitration proceedings
49. Jurisdiction of Labour Court
50. Powers of Labour Court

PART C
Protection of employee rights
51. Protection of employee rights
52. Procedure for disputes


CHAPTER VI

, GENERAL PROVISIONS
53. State contracts
54. Codes of good practice
55. Regulations
56. Delegations
57. Temporary employment services
58. Designation of organs of state
59. Breach of confidentiality
60. Liability of employers
61. Obstruction, undue influence and fraud
62. This Act binds the State
63. Application of Act when in conflict with other laws
64. Repeal of laws and transitional arrangements
64A. Amendment of annual turnover thresholds in Schedule 4
65. Short title and commencement
Maximum permissible fines that may be imposed for contravening
Schedule 1
this Act
Schedule 2 Laws repealed
Schedule 3 Transitional arrangements
Schedule 4 Turnover threshold applicable to designated employers


CHAPTER I
DEFINITIONS, PURPOSE, INTERPRETATION AND APPLICATION

1. Definitions.—In this Act, unless the context otherwise indicates—

“Basic Conditions of Employment Act” means the Basic Conditions of Employment Act, 1997 (Act No. 75 of
1997);

“black people” is a generic term which means Africans, Coloureds and Indians;

“CCMA” means the Commission for Conciliation, Mediation and Arbitration, established by section 112 of the
Labour Relations Act;

“code of good practice” means a document issued by the Minister in terms of section 54;

“collective agreement” means a written agreement concerning terms and conditions of employment or any
other matter of mutual interest concluded by one or more registered trade unions, on the one hand and, on the
other hand—

(a) one or more employers;

(b) one or more registered employers’ organisations; or

(c) one or more employers and one or more registered employers’ organisations;

“Commission” means the Commission for Employment Equity, established by section 28;

“Constitution” means the Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996);

“designated employer” means—

(a) a person who employs 50 or more employees;

(b) a person 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 the Schedule 4 of this Act;

(c) a municipality, as referred to in Chapter 7 of the Constitution;

(d) 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
[Para. (d) substituted by s. 1 (a) of Act No. 47 of 2013.]


(e) an employer bound by collective agreement in terms of section 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.

“designated groups” means black people, women and people with disabilities who—

(a) are citizens of the Republic of South Africa by birth or descent; or

(b) became citizens of the Republic of South Africa by naturalisation—

(i) before 27 April 1994; or

(ii) after 26 April 1994 and who would have been entitled to acquire citizenship by naturalisation
prior to that date but who were precluded by apartheid policies;