Designated groups are blacks africans, coloureds and indians, women and people with disabilities. This means that most employers are required to employ, train and retain the services of employees belonging to previously disadvantaged population groups being black, female and disabled people. The act states that employment equity means more than treating persons the same way but also. The employment equity act eea makes it compulsory for designated employers to implement affirmative action aa. The federal employment equity act and the federal contractors program have been in place at the federal level since 1986. The employment equity commission has an oversight function of the implementation of affirmative action in the workplace in accordance with the affirmative action employment act, no. The analysis must also include the development of a workforce profile to determine to what extent designated groups are underrepresented in the workplace. Aug 16, 2018 at global business solutions we strive to provide organisations with practical solutions. A designated employer must refer to the relevant codes of good practice when preparing an employment equity plan contemplated in section 20 of the act. Employment equity commission the primary objective of the affirmative action act is to achieve equity, equality, fairness and elimination of employment barriers against persons in designated groups.
The employment equity plan is the document which holds a designated employers employment equity strategy. A designated group means black people, women, or people with disabilities. Employment equity canada wikimili, the free encyclopedia. Employment equity canada last updated september 20, 2019.
Sep 20, 2019 employment equity, as defined in federal canadian law by the employment equity act, requires federal jurisdiction employers to engage in proactive employment practices to increase the representation of four designated groups. Act current to 20200116 and last amended on 20171212. There are four designated groups in canada that have not received equitable treatment in employment. These employers must comply with all requirements of the new act by. The four groups designated by the employment equity act are. Only those individuals who have selfidentified will be counted as members of those designated groups. Oct 30, 2019 1 every designated employer must, in order to achieve employment equity, implement affirmative action measures for people from designated groups in terms of this act. Includes federal departments covered under schedules i and iv of the financial administration act. To ensure that everyone enjoys equal opportunity and fair treatment in the workplace, the employment equity act, no 55 of 1998 was enacted into law. Employment equity act 1996 the new employment equity act, received royal assent on december 15, 1995. Employment equity designated groups under the public service employment act the public service commission psc collects data on individuals who apply through the public service resourcing system psrs for advertisements open to canadians on the pscs jobs. A designated employer means an employer who employs 50 or more employees, or has a total annual turnover as reflected in schedule 4 of the act, municipalities and organs of state.
This enables the psc to assess employment equity ee trends and. The purpose of the act is to achieve equity in the workplace, by. Failing to have one can result in a minimum fine of r1. The purpose of the employment equity act, no 55 of 1998 is to achieve equity in the workplace by promoting equal opportunity and fair treatment in employment through elimination of unfair discrimination and implementing affirmative action measures to redress the disadvantages in employment experienced by designated groups, in order to ensure equitable representation in all occupational. How to make employment equity work for your business. How to determine if an employee is part of a designated group. The law protects you from unfair treatment and any form of discrimination. Other designated employers include employers whose annual turnover is equal to or above that contained in the schedule, municipalities, organs of state excluding local government, the sandf, the nia and the sass, and employers who volunteer to comply with the act. The act and its regulations subsequently came into force on october 24, 1996 creating a new legislative framework for employment equity that governs both private and public sector employers under federal jurisdiction. Like the canadian human rights act before it, the employment equity act aims to ensure all canadians have equal opportunities for success. Designated employers must create work opportunities for designated groups.
The employment equity plan must contain, at a minimum, all the elements contained in the eea template of these regulations and be for a period of 3 to 5 years. Her majesty, by and with the advice and consent of the senate and house of commons of canada, enacts as follows. Who are designated groups under the employment equity act eea. Employment equity, as defined in federal canadian law by the employment equity act, requires federal jurisdiction employers to engage in proactive employment practices to increase the representation of four designated groups. Employment equity plans and reporting hrtorque outsourcing. Psac supports employment equity and encourages the use of the tools provided in the public service employment act in order to increase the representation of the designated groups. With this in mind, our employment equity experts created a checklist and flowchart to help ee managers determine whether or not an employee is part of a designated group. Very importantly, we said that designated employers must create work opportunities for designated groups. The purpose of the bill is to provide for the minister of labour to establish sectoral numerical targets to ensure the equitable representation of suitably qualified people from designated groups blacks, women and persons with a disability at all. To promote equal opportunities and fair treatment to all in the workplace by eliminating unfair discrimination. Every employer covered by the employment equity act shall conduct an analysis of its workforce to determine the degree of underrepresentation of persons in the four designated categories in each occupational groups. The employment equity amendment bill, 2018 bill amends specific provisions of the employment equity act 55 of 1998 eea. Summary of the employment equity act, 55 of 1998, issued. Dec 15, 2017 affirmative action ensures that qualified people from designated groups have equal opportunities in the workplace.
In this article, well unpack the definition of designated groups. North american indians or members of a first nation include treaty, status or registered indians, as well as nonstatus and nonregistered indians. The employment equity amendment bill bill, 2018 amends specific provisions of the employment equity act 55 of 1998 eea. Two weeks ago, we looked at who designated employers are under the employment equity act eea. South africa is one of the most culturally, racially and economically diverse countries in the world. The purpose of the employment equity act in south africa is. Section of the act determines that a designated employer has a statutory duty to undertake the following activities. All employers, workers and job applicants except for members of the national defence. With acts you are guaranteed the latest and most up to date resource for your legislative needs. By jacques van wyk, director and yusha davidson, candidate attorney. Employment equity 4 designated groups the plight of the 4. Affirmative action ensures that qualified people from designated groups have equal opportunities in the workplace.
Employment equity designated groups under the public service. Designated groups who are designated groups under the. Consultation on preparation and implementation of the employment equity plan. With this in mind, it forbids canadian businesses from discriminating against four specific designated groups. Every designated employer must, in order to achieve employment equity, implement affirmative action measures for people from designated groups in terms of. Chapter 1 definitions, purpose, interpretation and application 1. A designated employer must implement affirmative action measures for designated groups to achieve employment equity. A designated employer must prepare and implement a plan to achieve employment equity, which must. At global business solutions we strive to provide organisations with practical solutions. Designated groups are defined as being black people african coloureds and indians, women and people with disabilities. The employment equity act protects you, and your rights, from any form of discrimination by your employer. Employment equity 4 designated groups the plight of the 4 groupswoman. The employment equity act identifies and defines the designated groups as. Chapter 1 definitions, purpose, interpretation and application.
Employers duty 5 every employer shall implement employment equity by a identifying and eliminating employment barriers against persons in designated groups that result from the employers employment systems, policies and practices that are not authorized by law. The purpose of the employment equity act, no 55 of 1998 is to achieve equity in the workplace by promoting equal opportunity and fair treatment in employment through elimination of unfair discrimination and implementing affirmative action measures to redress the disadvantages in employment experienced by designated groups, in order to ensure equitable representation in all. The employment equity amendment bill, 2018 skills portal. Mar 02, 2020 a designated employer must refer to the relevant codes of good practice when preparing an employment equity plan contemplated in section 20 of the act. The employment equity act is the law that promotes equity in the workplace, ensures that all employees receive equal opportunities and that employees are treated fairly by their employers. The south african national defence force, national intelligence. The employment equity amendment bill, 2018 werksmans. Acts online provides legislation, including amendments and regulations, in an intuitive, online format. The purpose of the bill is to provide for the minister of labour to establish sectoral numerical targets to ensure the equitable representation of suitably qualified people from designated. Summary of the employment equity act, 55 of 1998, issued in terms of section 251 summary of the employment equity act, 55 of 1998, issued in terms of section 251 1. The goal of a good employment equity law is to eliminate discriminatory barriers in employment systems, and to ensure appropriate representation for designated groups throughout the workplace. Study 102 terms hrm701 chapter 3 practice test flashcards.
In order to implement affirmative action measures, a designated employer must. Apr 29, 2019 employment equity is not only about appointing and promoting the correct designated groups, but also about what the companys culture is perceived to be by its employees, the benefits the. The employment equity act designates four groups as the beneficiaries of employment equity. Employment equity in federally regulated workplaces canada. An aboriginal person is a north american indian or a member of a first nation, metis or inuit. Employment equity designated groups under the public. We are the leading resource for freely available legislation in south africa and are used daily by thousands of professionals and industry leaders. Consultation is the key to employment equity global. Section 2 the purpose of the act is to achieve equity. Summary of the employment equity act, 55 of 1998, issued in. Employment equity plans which set out absolute barriers to the prospective or continued employment or advancement of people who are not from designated groups would immediately fall foul of the unfair discrimination provisions of the employment equity act. Employment equity act summary western cape government.
The act requires that employers remove barriers to employment that disadvantage members of the four designated groups. Global business solutions a leading labour law human resource. The eea defines black people as africans, coloureds and indians. Aug 16, 2017 two weeks ago, we looked at who designated employers are under the employment equity act eea. According to the eea, these groups refer to the following people. The overall objective of the act is to achieve equity through the elimination of employment barriers against persons in designated groups. Mar 07, 2017 consultation on preparation and implementation of the employment equity plan. Employers can also volunteer to become designated employers. Our canadian human rights act chra and alberta human rights act ahra prohibits discrimination on the basis of gender, race, ethnicity, age and a number of other grounds. Employment equity act the professional institute of the. Designated employers will be required to develop employment equity plans. Our employment equity act eea laws are meant to protect the rights of the four designated groups. In the employment equity act, the four designated groups are defined as.
Employment equity is not only about appointing and promoting the correct designated groups, but also about what the companys culture is perceived to be by its employees, the benefits the. The ultimate goal of the affirmative action programme is, a representative workforce that reflects the demographic of namibia at every level of. Does a chinese employee qualify for affirmative action. Apr 04, 2017 our canadian human rights act chra and alberta human rights act ahra prohibits discrimination on the basis of gender, race, ethnicity, age and a number of other grounds. Pocket guide to employment equity the professional. A practical guide to employment equity measuredability. In determining whether a designated employer is implementing employment equity in compliance with this act, the directorgeneral or any person or body applying this act must, in addition to the factors stated in section 15, take into account all of the following. Aboriginal people, a category consisting of status indians, nonstatus indians, metis people of mixed frenchaboriginal ancestry in western canada, and inuit the.
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