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Employment Equity Act, 1998




    10 Steps to an Employment
    Equity Plan
Employment Equity Act
                                                           1 0 s te p s


           P r e p a r a t io n                      I m p le m e n t a t io n                   M o n it o r i n g
                P ha se                                     P ha se                                P ha se


              S te p 1                                        S te p 5                               S te p 9
   A s s ig n R e s p o n s ib ility       A f f ir m a t iv e A c t io n O b je c t iv e   M o n it o r , E v a lu a te


            S te p 2                                        S te p 6                                S te p 1 0
 C o m m u n ic a t io n , t r a in in g               T im e F r a m e s                            R e p o rt


               S te p 3                                      S te p 7
           C o n s u lt a io n                A llo c a t io n o f R e s o u r c e s


               S te p 4                                    S te p 8
              A n a ly s is                     P l a n C o m m u n ic a t i o n
Step 1 : Assigning
Responsibility

 E E managers should be permanent
 employees
 They should report directly to the CEO
 They must have key Employment Equity
 Outcomes incorporated into their
 contracts of employment
 They need the necessary authority,
 budget and mandate.
Step 2 -Communication,
awareness and training

 All employees should be made aware of the content and
 application of the Act.
 They must be sensitised with regards to employment
 equity and anti-discrimination issues.
 They must be made aware of the need for participation
 of all stakeholders.
 They must be informed with regards to the process to be
 followed.
Step 2 : Communication,
awareness & training

 Managers should be informed of their
 obligations in terms of the Act
 They should be offered training in diversity
 management & related skills
 They must understand that discrimination can
 be direct,indirect, or as a result of inaction or
 victimisation
Step 3 :Consultation

 Employee reps from designated and non-
 designated groups and all occupational
 levels must be included in the consultative
 forum.
 Senior Management, including the
 managers assigned with the
 responsibility.
Step 4 : Analysis

 All employment policies, procedures, practices
 and the working environment need to be
 audited/assessed
 The intention is to identify barriers that may
 contribute to the lack of affirmation of diversity.
 Further, to identify factors that positively
 promote employment equity and diversity in the
 workplace
Step 4 : Analysis
The following should be reviewed:
 Employee benefits arrangements,
 Working conditions,
 Disciplinary practices,
 Number and nature of dismissals,
 Practices relating to management of
 HIV/AIDS in the workplace.
 Any other issues that may be tabled at the
 consultative forum.
Step 4 : Analysis

 A workplace profile to establish the extent
 of under-representation of employees
 from the designated groups in different
 occupational groups and levels of the
 employer’s workforce.
Step 5:Affirmative Action measures
and objectives

 Are those measures that need to be taken to
 address the employment policies, procedures,
 and working conditions that were identified in
 Step 4 as having adverse effect on the
 employment and advancement of members of
 designated groups.
 For each specific practice identified, an
 affirmative action measure needs to be
 formulated.
Step 6 : Time Frames

 The duration of the plan should be
 between 1 and 5 years
 The consultative forum should decide on
 the duration of their plans given their
 particular circumstances and the time
 frame in which they can make progress.
Step 7 : Resources

There should be adequate resources
 including:
 budget,
 infrastructure and
 any other resource that may be appropriate
 in the circumstances.
Step 8: Communicate the plan

Communication should inform stakeholders:
1.who is responsible for the implementation;
2.where information regarding the Plan can
  be obtained;
3.objective and duration of the Plan
4.dispute resolution mechanism
Step 9: Monitoring of the plan

 Employers should keep records of the plan
 Implement mechanism to monitor and evaluate
 the plan
 Evaluate progress at structured intervals
 Report on progress to the consultative forum
 and all stakeholders
 Review and revise the plan.
Step 10: Reporting

 Two reporting forms must be completed
 EEA2 - EE Report,
 EEA 4 - Income Differentials
 Second report includes a progress report
Step 10: Reporting

 150 or more employees, report annually
 on the first working day of October.
 Less than 150 employees, report bi-
 annually i.e. on every year that ends with
 an even number.
D.G. REVIEWS

SECTION 43
1.The Director-General. may conduct a
  review to determine whether an employer
  is complying with this Act.
D.G. REVIEWS
2.In order to conduct the review the
  Director-General may :
(a) Request an employer to submit a copy
  of its analysis or Employment Equity Plan;
(b) Request an employer to submit any
  book, record, correspondence, document
  or information that could reasonably be
  relevant to review of the employer`s
  compliance with this Act;
D.G Review continue

(c) Request a meeting with employer to
  discuss employment equity plan, the
  implementation of plan and any matters
  related to compliance with this act ; or
D.G. Review continue

(d) Request a meeting with employee or
  trade union consulted in terms of section
  16; workplace forum ; or            other
  person who may have information
  relevant to the review.

           THANK YOU

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DoL 10 Steps to EE plan

  • 1. Employment Equity Act, 1998 10 Steps to an Employment Equity Plan
  • 2. Employment Equity Act 1 0 s te p s P r e p a r a t io n I m p le m e n t a t io n M o n it o r i n g P ha se P ha se P ha se S te p 1 S te p 5 S te p 9 A s s ig n R e s p o n s ib ility A f f ir m a t iv e A c t io n O b je c t iv e M o n it o r , E v a lu a te S te p 2 S te p 6 S te p 1 0 C o m m u n ic a t io n , t r a in in g T im e F r a m e s R e p o rt S te p 3 S te p 7 C o n s u lt a io n A llo c a t io n o f R e s o u r c e s S te p 4 S te p 8 A n a ly s is P l a n C o m m u n ic a t i o n
  • 3. Step 1 : Assigning Responsibility E E managers should be permanent employees They should report directly to the CEO They must have key Employment Equity Outcomes incorporated into their contracts of employment They need the necessary authority, budget and mandate.
  • 4. Step 2 -Communication, awareness and training All employees should be made aware of the content and application of the Act. They must be sensitised with regards to employment equity and anti-discrimination issues. They must be made aware of the need for participation of all stakeholders. They must be informed with regards to the process to be followed.
  • 5. Step 2 : Communication, awareness & training Managers should be informed of their obligations in terms of the Act They should be offered training in diversity management & related skills They must understand that discrimination can be direct,indirect, or as a result of inaction or victimisation
  • 6. Step 3 :Consultation Employee reps from designated and non- designated groups and all occupational levels must be included in the consultative forum. Senior Management, including the managers assigned with the responsibility.
  • 7. Step 4 : Analysis All employment policies, procedures, practices and the working environment need to be audited/assessed The intention is to identify barriers that may contribute to the lack of affirmation of diversity. Further, to identify factors that positively promote employment equity and diversity in the workplace
  • 8. Step 4 : Analysis The following should be reviewed: Employee benefits arrangements, Working conditions, Disciplinary practices, Number and nature of dismissals, Practices relating to management of HIV/AIDS in the workplace. Any other issues that may be tabled at the consultative forum.
  • 9. Step 4 : Analysis A workplace profile to establish the extent of under-representation of employees from the designated groups in different occupational groups and levels of the employer’s workforce.
  • 10. Step 5:Affirmative Action measures and objectives Are those measures that need to be taken to address the employment policies, procedures, and working conditions that were identified in Step 4 as having adverse effect on the employment and advancement of members of designated groups. For each specific practice identified, an affirmative action measure needs to be formulated.
  • 11. Step 6 : Time Frames The duration of the plan should be between 1 and 5 years The consultative forum should decide on the duration of their plans given their particular circumstances and the time frame in which they can make progress.
  • 12. Step 7 : Resources There should be adequate resources including: budget, infrastructure and any other resource that may be appropriate in the circumstances.
  • 13. Step 8: Communicate the plan Communication should inform stakeholders: 1.who is responsible for the implementation; 2.where information regarding the Plan can be obtained; 3.objective and duration of the Plan 4.dispute resolution mechanism
  • 14. Step 9: Monitoring of the plan Employers should keep records of the plan Implement mechanism to monitor and evaluate the plan Evaluate progress at structured intervals Report on progress to the consultative forum and all stakeholders Review and revise the plan.
  • 15. Step 10: Reporting Two reporting forms must be completed EEA2 - EE Report, EEA 4 - Income Differentials Second report includes a progress report
  • 16. Step 10: Reporting 150 or more employees, report annually on the first working day of October. Less than 150 employees, report bi- annually i.e. on every year that ends with an even number.
  • 17. D.G. REVIEWS SECTION 43 1.The Director-General. may conduct a review to determine whether an employer is complying with this Act.
  • 18. D.G. REVIEWS 2.In order to conduct the review the Director-General may : (a) Request an employer to submit a copy of its analysis or Employment Equity Plan; (b) Request an employer to submit any book, record, correspondence, document or information that could reasonably be relevant to review of the employer`s compliance with this Act;
  • 19. D.G Review continue (c) Request a meeting with employer to discuss employment equity plan, the implementation of plan and any matters related to compliance with this act ; or
  • 20. D.G. Review continue (d) Request a meeting with employee or trade union consulted in terms of section 16; workplace forum ; or other person who may have information relevant to the review. THANK YOU