The amendments were made in terms of the employment equity amendment act 47 of 20, which came into effect on 1 august 2014 by presidential. It is important to remember that, upon the engagement of a new employee, the employees remuneration was traditionally left to the contracting parties to agree on. This act is called the employment equity act amendment act, 2007. The employment equity amendment act 47 of 20 the amendment act was published in government gazette number 37871 on 16 january 2014, by president jacob zuma. The aim of this bill is to amend the employment relations act 2000 the act in relation to collective bargaining, flexible working arrangements, good faith bargaining, rest break and meal break provisions, and the employment relations authority the authority. Pdf equal pay for work of equal value in terms of the. The political transition in 1994 heralded the start of a new era. The commission may not disclose any information pertaining to individual employees or employers. The proposed change was to relieve organisations with less than 50 employees from the necessity of submitting for employment equity annually, regardless of their annual turnover.
The act does not provide for recourse against an employer who fails to prepare an employment equity plan. The amendment act amends a number of provisions under the eea and will have a direct impact on the regulation of disputes. This act is called the employment equity amendment act, 20, and comes into. Explanatory memorandum on the ee amendment act pdf. The companies amendment bill, 2017 a bill further to amend the companies act, 20. Employment equity amendment act global business solutions. Impact of the employment equity amendment act, 20 ee. Prior to voting, clauses 1 to 30 of the bill were read through and approved. Bill signed by the president and becomes act 47 of 20. The employment equity amendment act eeaa took effect on 1 august 2014 and the question on most peoples lips is. To amend the employment equity act, 1998, so as to substitute or amend certain definitions. Amma, submission to the senate standing committee on education, employment and.
Section 1 ofthe employment equity act, 1998 hereafter referred to as the principal act, is herebyamended bya the substitution in paragraph d of the definition of designated employer of the following paragraph. Global business solutions presents the employment equity amendment act presentation tool 2014. Amended by general intelligence laws amendment act 52 of 2003 from 28 feb 2003. Amended by electronic communications security pty ltd act 68 of 2002 from 28 feb 2003. Employment equity amendment act 47 of 20 the employment equity amendment act the act was passed by the national assembly on 24 october 20 and signed by the president on 14 january 2014. Fair work amendment bill 20 parliament of australia. Employment equity amendment act 47 of 20 government notice 16 in government gazette 37238 dated 16 january 2014. 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. If your employment policies and practices are in order and are regularly audited to ensure these dont unfairly discriminate, the eeaa will have.
Employment equity amendment bill, 2018 the aforesaid representations must be marked for the attention of mr niresh singh or mr innocent makwarela and hand delivered, sent by registered post or emailed, within 60 days of publication of this notice to the following addresses. The amendment act also empowers the minister of labour to adjust such fines in order to counter the effect of inflation, without the need of the. The employment equity amendment act eea of 20 was promulgated into law and became effective on 1 august 2014. The act amends the employee equity act so as to prohibit unfair discrimination in the workplace and strengthens. The act and the regulations 2014 were implemented on 1 august 2014. The ee online service for 2019 reporting is closed.
Commencement of the employment equity amendment act. In this schedule, unless the context indicates otherwisepending means existing immediately before this act came into operation. How the employment equity amendment act will affect you. The act amends the employee equity act so as to prohibit unfair discrimination in the workplace and strengthens enforcement mechanisms. Chapter 2 of the bill of rights, as contained in the constitution of south africa, enshrines the rights of all people in south africa and affirms the democratic values of human dignity, equality and freedom. All designated employers with 50 or more employees must report every year. Any decent lawyer will tell you that it all depends. A recent discussion with department of labour has finally shed some light on changes to the employment equity act that has had many organisations waiting with bated breath. The regulations to the amendment act came into operation on friday 1 august 2014. Act current to 20200116 and last amended on 20171212.
The amendments were made in terms of the employment equity amendment act 47 of 20, which came into effect on 1 august 2014 by presidential proclamation. Amendment bill comments due by 20 november 2018 332kb pdf. The act is principally about the elimination of unfair discrimination. The amendment act will also impact the extension of the jurisdiction of the. Amendment of section 68 of act 75 of 1997, as amended by section of act 11 of 2002 and section 9 of act 20 of 20. Category employment equity sub category employment equity. The eea affirms the rights of employees to equity and fairness in the work place. The da abstained from voting on clause 3, on the grounds that equal work for equal pay was nebulously defined. Amends section 6 by extending the scope of discrimination to include discrimination on any other arbitrary ground.
Her majesty, by and with the advice and consent of the senate and house of commons of canada, enacts as follows. South africa employment equity amendment act, 20 act no. The employment equity amendment bill was agreed to by the portfolio committee. Employers with fewer than 50 employees who are designated in terms of the turnover threshold applicable to designated employers schedule 4 of the employment equity amendment act no. The act amends the employee equity act so as to prohibit unfair discrimination in the workplace and. Amended by intelligence services act 65 of 2002 from 20 feb 2003. Employment equity amendment act 47 of 20 south african. Explanatory memorandum on the ee amendment act description the employment equity act amendments were finally enacted in 20 and were approved in the national assembly and national council of provinces late in 20. The employment equity amendment bill and the new employment services bill. Be it enacted by parliament in the sixtyeighth year of the republic of india as follows. A meeting of the employment and labour committee held on 06 august 20, lead by mr k manamela anc acting. Employment equity amendment bill, employment services bill.
Employment equity amendment bill comments due by 20 november 2018 332kb pdf employment equity act 551998 as amended. A states receipt or use of federal financial assistance for any program or activity of a state shall constitute a waiver of sovereign immunity, under the 11th amendment to the constitution or otherwise, to a suit brought by an employee or applicant for employment of that program or activity under this act for a remedy. Amendment of section 1 of act 55 of 1998, as amended by section 40 of act 65 of 2002, section 26 of act 68 of 2002 and section 25 of act 52 of 2003 1. To amend the employment equity act, 1998, so as to substitute or amend. Basic conditions of employment amendment bill as introduced in the national assembly proposed section 75. Replacement of employment equity regulations 360 kb pdf. Sections 5 to 6 set out that the ecc must research and investigate the norms and benchmarks for proportionate income differentials and advise the minister on appropriate measures for reducing disproportionate differentials. The australian human rights commission welcomes the opportunity to contribute this submission to the house standing committee on education and employment in relation to its. The more than 40 proposed amendments to the labour relations act, the basic conditions of employment act and the employment equity act as well as the introduction of the employment services act currently a bill have already passed through parliament. It was the beginning of a dispensation where south africans became free of discrimination. The provisions dealing with the prohibition of discrimination contained in chapter 2 have been extensively amended. Section 1 of the basic conditions of employment act, 1997 is hereby amended by the. Amendments have been made to the employment equity act 55 of 1998 eea.
Equal pay for work of equal value in terms of the employment. The basic conditions of employment amendment act, no 20 of 20, comes into operation on 1 september 2014 share page in terms of government gazette dated 29 august 2014, it has been determined that the basic conditions of the employment amendment act shall come into operation with effect from 1 september 2014. Amendments have been made to the employment equity act 55 of 1998 eea to include a specific provision to regulate equal pay claims in the form of section 645 of the eea. Legislation online ministry of labour, south africa pdf of act doc. Makes numerous amendments to the employment equity act. Cliffe dekker hofmeyr the basic conditions of employment. Code of good practice on the employment of persons with. The only instance where information can be disclosed is when. Ministry of labour, south africa pdf of act pdf of act doc. Sc barklamb executive director, industry, australian metals and minerals association, evidence to the senate standing committee on education, employment and workplace relations, inquiry into the fair work amendment bill 20, 22 april 20, op.
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