Implementers and Trainers of Employment Equity Act

DEL gazettes EE Amendment Bill for 30 day comment

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    sylvia hammond

    The Department of Employment and Labour has today gazetted the Employment Equity Amendment Bill for 30 day comment.

    Please see attached Gazette.

    Tips for reading:
    Go straight to the back – page 9 for the Explanatory Memorandum – to understand the rationale behind the changes.

    Have the EE Act with you – the underlined areas are newly included, the square brackets will be deleted from the Act.

    Some highlights I noted:
    The National Minimum Wage Commission coming into play.
    PWD definition extended to include intellectual or sensory impairment.
    Psychological tests no longer need to be certified by Health Council, but disputes will still go to Labour Court.
    Small non-designated employers no longer able to voluntarily comply.
    Where there is a representative Trade Union, no further employee consultation required.
    The sector Rand amounts designating employers will now be kept up to date by Regulation.

    and the big change – for those wishing to tender for State business (Section 53 not yet in force):
    The Minister will be able to set targets per economic sector, or regions, by occupational level, and the employer will need to comply with demographic levels, and the sector targets – as set by the Minister, and be issued a certificate.

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    Des Squire

    Thank you for this important up date Sylvia. It concerns me that some of the changes will give the minister sweeping powers and at the same time the bill seems to be very much weighted in favour of the employees and detrimental to the employer. some sections need very careful study. I must say I would be initially inclined to fight against these changes not that our objections will be heard or taken into consideration. Needs careful study before any further comment.

    sylvia hammond

    Thanks Des,
    It is unfortunate that there has been so little change since 2000 when we implemented the EE Act & the reports started – that is according to the last Employment Conditions Committee report.

    I have not seen one for this year yet. I am interested to see what progress has been made.

    Although my concern will be that these changes just add to the unemployment queues.

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