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There are certain essential elements of the EE Act that must be adhered to and that will be checked should your company be subject to an inspection by the department of Labour. Now is the time to ensure you have everything in order to ensure compliance and avoid the possibility of a compliance order and/or a heavy fine.
Section 16 and section 17 go hand in hand and relate to the need for consultation with employees and the need for keeping records on meetings and other aspects of the consultation process.
1. It is essential you have a properly constituted committee as set out in terms of section 16 of the Act. Section 17 deals with matters for consultation with which you should be familiar. In addition, the Act requires that the committee be trained in relation to its function, duties and responsibilities. You must keep records of all
a. Minutes of meetings
b. Copies of Agendas
c. Copies of attendance registers
Section 19 the need to conduct an analysis. An analysis of all policies, practices and procedures and also of the working environment in order to see if there are any barriers to EE. This section also requires a profile of the workforce in relation to each occupational category and level (as set out in the EEA 4 and 12) in order to establish the degree of under representation of people from designated groups.
Section 20 deals with the EE Plan itself. Designated employers are required to prepare an EE plan which will show reasonable progress towards employment equity. Bear in mind that in terms of the Act a person may be suitable for a position based on various other considerations other than education such as
• Formal education and/or
• Prior learning and NQF qualifications and/or
• Relevant job-related experience and competencies and/or
• Capacity to acquire the competencies and abilities (in a reasonable time)
All of the above must be taken into consideration and your recruitment and selection policies should allow for these. Where education and or qualification can be proved to be an inherent requirement of the job then the education can prevail e.g. engineering degree in order to be registered as an engineer with the relevant body.
Section 22, publication of the report. A summary of the report must be included in the annual financial reports of the company.
Section 24 – appointment of responsible manager
A designated employer must appoint a responsible manager to oversee and ensure all issues related to EE are carried out and adhered to. There should be an element of accountability built into this appointment and it should form part of the KPI’s or job function.
Section 25 – duty to inform. There is a need for employees to be informed of the companies intentions where EE is concerned. Employees should be aware of the company employment equity policy and plans. Distributing and EE awareness little booklet goes a long way in this regard. The company should display
• A summary of the EE Act
• A copy of the most recent report to the Director General
• A copy of any compliance order
The EE plan should be made available to all members of the committee for consultation purposes.
Section 26, Duty to record
The employer must maintain records of its workforce, the employment equity plan, and all other records related to the companies compliance with the Act.
