アジア経済法令ニュース

ACT

To provide for employment equality; and to provide for matters incidental thereto.

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; and
・that those disparities create such pronounced disadvantages for certain categories of people that they cannot be redressed simply by repealing discriminatory laws,

Therefore, in order to –
・promote the constitutional right of equality and the exercise of true democracy;
・eliminate unfair discrimination in employment;
・ensure the implementation of employment equity to redress the effects of discrimination;
・achieve a diverse workforce broadly representative of our people;
・promote economic development and efficiency in the workplace; and
・give effect to the obligations of the Republic as a member of the International Labour Organization,

BE IT ENACTED by the State President and the Parliament of the Republic of South Africa, as follows: –

TABLE OF CONTENTS

CHAPTER 1
Definitions, purpose, interpretation and application

1. Definitions
2. Purpose of this Act
3. Interpretation of this Act
4. Application of this Act

CHAPTER 2
Prohibition of unfair discrimination

5. Elimination of unfair discrimination
6. Prohibition of unfair discrimination
7. Medical testing
8. Psychometric testing
9. Applicants
10. Disputes concerning this Chapter
11. Burden of proof

CHAPTER 3
Affirmative action

12.  Application of this Chapter
13. Duties of designated employers
14. Voluntary compliance with this Chapter
15. Affirmative action measures
16. Consultation with employees
17. Matters for consultation
18. Disclosure of information
19. Analysis
20. Employment equity plan
21. Reports
22. Publication of report
23. Successive employment equity plans
24. Designated employer must assign manager
25. Duty to inform
26. Duty to keep records
27. Income differentials

CHAPTER 4
Commission for employment equity

28. Establishment of Commission for Employment Equity
29. Composition of Commission for Employment Equity
30. Functions of Commission for Employment Equity
31. Staff and expenses
32. Public hearings
33. Report by Commission for Employment Equity

CHAPTER 5
Monitoring, enforcement and legal proceedings

Part A: Monitoring and Enforcement
34. Monitoring by employees and trade union representatives
35. Powers of labour inspectors
36. Undertaking to comply
37. Compliance order
38. Limitations
39.  Objections against compliance order
40. Appeal from compliance order
41. Register of designated employers
42. Assessment of compliance
43. Review by Director-General
44. Outcome of Director-General’s review
45. Failure to comply with Director-General’s recommendation

Part B: Legal Proceedings
46. Conflict of proceedings
47. Consolidation of proceedings
48. Powers of commissioner in arbitration proceedings
49. Jurisdiction of Labour Court
50. Powers of Labour Court

Part C: Protection of Employee Rights
51. Protection of employee rights
52. Procedure for disputes

CHAPTER 6
General provisions

53. State contracts
54. Codes of good practice
55. Regulations
56. Delegations
57. Temporary employment services
58. Designation of organs of state
59. Breach of confidentiality
60. Liability of employers
61. Obstruction, undue influence and fraud
62. This Act binds the State
63. Application of Act when in conflict with other laws
64. Repeal of laws and transitional arrangements
65. Short title and commencement

CHAPTER 6

Schedule 1: Maximum permissible fines that may be imposed for contravening this Act
Schedule 2: Laws repealed
Schedule 3: Transitional arrangements
Schedule 4: Turnover threshold applicable to designated employers