EMPLOYMENT EQUITY CODE OF GOOD PRACTICE – RECENT CHANGES

The Minister of Labour has issued a Code of Good Practice on the Preparation, Implementation and Monitoring of the Employment Equity Plan, outlined in Government Gazette 40817 of 28 April 2017.

A summary of the changes is highlighted below:

COMMUNICATION, AWARENESS AND CONSULTATION

When communicating on matters concerning employment equity, it is important to take special care that the content is communicated in clear and easily understood language to provide the entire workforce reasonable opportunity to grasp the content and subsequent rights.

Footnote: The previous Code of Good Practice did not include this paragraph, which reiterates the fact that employees must be clearly aware of the plan.

CONDUCTING AN ANALYSIS (contained in EEA12 of regulations)

Conducting of an analysis must be done in accordance with the EEA12 form of the Employment Equity Regulations of 2014, as amended. All areas of the EEA12 form template must remain, but the employer may add other areas, including columns and rows, to meet the objectives of the Act.

Footnote: The previous Code of Good Practice read: “Conducting of an analysis must be done in accordance with the EEA12 form of the Employment Equity Regulations of 2014, as amended.”  It did not include: “All areas of the EEA12 form template must remain, but the employer may add other areas, including columns and rows, to meet the objectives of the Act.”

DEVELOPING THE EE PLAN

  1. a) Analysis report (EEA12)
  2. b) National and provincial Economically Active Population (EAP)
  3. c) Determining the duration of the EE Plan.
  4. d) Determining the annual objectives of the EE Plan.
  5. e) Corrective measures formulated, including goals and targets.
  6. f) Time frames established.
  7. g) The EE Plan drawn up in terms of section 20 of the Act.
  8. h) Resources identified and allocated for the implementation of the EE Plan.
  9. i) The EE Plan communicated.

Footnote: Previous Code of Good Practice did not include (b) National and provincial Economically Active Population (EAP)

DISPUTE RESOLUTION 

  1. a) Internal procedures for resolving any dispute about the interpretation and implementation of the EE Plan should be agreed and specified in the EE Plan.
  2. b) The last point of call for the resolving of any disputes about the interpretation and implementation of the EE Plan should be the Chief Executive Officer (CEO) / Accounting Officer of the organisation.
  3. c) Existing dispute resolution procedures could be used or tailored to resolve disputes concerning the interpretation and implementation of the EE Plan.
  4. d) Where a dispute remains after the internal dispute resolution processes were followed, a party to the dispute may make an application to the Commission for Conciliation, Mediation and Arbitration (CCMA) or the Labour Court.
  5. e) Procedures must be time-bound, cost effective and simple for designated and non-designated employees to follow.

Footnote: Previous Code of Good Practice did not include (d) Where a dispute remains after the internal dispute resolution processes were followed, a party to the dispute may make an application to the Commission for Conciliation, Mediation and Arbitration (CCMA) or the Labour Court and (e) Procedures must be time-bound, cost effective and simple for designated and non-designated employees to follow.

 

Contact our legislation team at info@crs.co.za if you require any additional information.

© 2017 CRS Technologies (Pty) Ltd. All Rights Reserved.