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1. WHAT IS EMPLOYMENT EQUITY?
Companies in South Africa need to recognize the impact of past discrimination on the realization of equal employment opportunities and should believe that appropriate employment equity goals should be set, employment equity plans prepared and implemented and other relevant and appropriate measures taken, to ensure greater participation from the designated groups at all occupational levels of the organization.
2. WHY IS THE IMPLEMENTATION OF EMPLOYMENT EQUITY NECESSARY?
Employment Equity is part of the Department of Labours' initiative to:
- Improve Labour systems in South Africa.
- Promote job creation and promotion through skills development.
- Create positive investment opportunities for South Africa.
- Promote a sound social protection scheme.
3. THE DESIGNATED EMPLOYER:
Who is a Designated Employer?
Designated Employers are employers who employ 50 or more workers with an annual turnover of over R5 million.
When should Designated Employers report?
Designated Employers are required to report by the legislative reporting deadline - this varies according to the number of workers employed.
What is required from the Designated Employer?
- The Designated Employer should implement Affirmative Action Measures for people from the designated groups.
- The Designated Employer should prepare and implement an Employment Equity Plan within an appropriate time frame.
4. WHAT IS EMPLOYMENT EQUITY BARRIERS?
- Recruitment should be carried out with reference to Employment Equity Goals and Targets.
- Care should be taken not to block opportunities to appoint designated individuals.
- Adverts should be targeted appropriately and widely to attract designated candidates.
- Adverts should not be 'tailored' to accommodate a preferred candidate.
- Awareness of selection panels of Employment Equity objectives, goals and targets.
- Adhere to existing guidelines relating to discriminatory practices in the shortlist and interviewing procedure.
- Remain mindful of Employment Equity Objectives and the Employment Equity Plan in making appointments.
JOB CLASSIFICATION AND GRADING
- Show caution against grading practices - focus on the position rather than the person.
REMUNERATION AND BENEFITS
- Principle of equal pay for equal work in the new legislation indicates that no special monetary incentives can be paid to Employment Equity candidates in the future.
TERMS AND CONDITIONS OF EMPLOYMENT
- Must be fair, equal and non discriminatory.
- Possible indirect discrimination in workload allocations on grounds of race, gender and disability.
WORK ENVIRONMENT AND FACILITIES
- Possible indirect discrimination in terms of gender and disability due to infrastructure.
TRAINING AND DEVELOPMENT
- Failure to provide opportunities for career development.
PERFORMANCE AND EVALUATION SYSTEMS
- Direct and indirect discrimination based on subjectivity and biases.
- Development objectives - set and implemented in performance contracts.
- Clearly articulate succession and career planning policy and strategy.
- Ensure sufficient designated qualified staff are available.
SUCCESSION AND EXPERIENCE PLANNING
- Ensure there is a clearly articulated succession and career planning policy and strategy in place.
- Be aware of possible indirect discrimination, or perceptions of discrimination, in the application of the disciplinary code.
- Fair use of Labour Relations Act.
RETENTION OF DESIGNATED GROUPS
- Be aware of potential lucrative offerings from competitors.
- Provide promotion opportunities.
- Provide mentoring and coaching opportunities for staff.
- Be aware of any challenges within the working environment.
- Ensure buildings and facilities are accessible for the disabled.
- Make care facilities available.
- Reasonably accommodate AA candidates in first stages of employment, during settlement phase through mentoring.
HIV / AIDS EDUCATION AND PREVENTION PROGRAMME
- Ensure clearly articulated education and mentoring on the subject.
APPOINT SENIOR MANAGER TO MANAGE EMPLOYMENT EQUITY IMPLEMENTATION
- A manager / managers should be appointed to ensure the implementation of Employment Equity
BUDGET ALLOCATION IN SUPPORT OF EMPLOYMENT EQUITY GOALS
TIME OFF FOR EMPLOYMENT EQUITY CONSULTATIVE COMMITTEE TO MEET
5. HOW TO DRAW UP AN EMPLOYMENT EQUITY PLAN TO ELIMINATE EMPLOYMENT EQUITY BARRIERS:
The Department of Labour Recommends 3 phases:
- ASSIGN RESPONSIBILITY Senior Manager - Mandate, Budget and Time
- COMMUNICATION, AWARENESS AND TRAINING Pamphlets, Internet, Workshops and Training sessions
- CONSULTATION Forum, Represent everyone and meet regularly
- ANALYSIS Employment practices, Reveal barriers, national demographics 80% Black 20% White, Coloured and Indians 54% Female 4% Disabled
- CORRECTIVE MEASURES AND OBJECTIVES Affirmative Action, Advertising, Skills shortages
- TIME FRAMES ESTABLISHED
- ALLOCATION OF RESOURCES
- COMMUNICATION Employment Equity Plan communication with Employees
- MONITOR, EVALUATE AND REVIEW
- REPORT TO THE DEPARTMENT OF LABOUR
6. BD SKILLS IS COMMITTED TO BOTH EQUITY AND DIVERSITY:
Together we will ensure, through the implementation of this plan, that the people that you employ eventually reflect the demographics of the region and the country and have the skills and expertise to uphold the culture of excellence ascribed to this company.
This will be achieved by providing employees with real opportunities in a supportive and nurturing environment.
CRITICAL TO THE STRATEGY AND IMPLEMENTATION OF EMPLOYMENT EQUITY:
- Identification and Removal of Barriers.
- Skills Development.
- Mentoring and Coaching.
It is recognized that the eventual goal of employment equity is to achieve representation of the country's population groups, genders and disabilities.
An important challenge lies in the ability to create an accessible and accommodating environment for employees (and citizens) living with disabilities.
7. THE ULTIMATE GOAL OF THE EMPLOYMENT EQUITY PLAN:
The ultimate goal of the employment equity plan is that Employment Equity will fall away as a remedial measure, following the achievement of a non-racial, non-sexist society in which race or gender will no longer be applied to distinguish, exclude or prefer any citizen of the country.
8. HOW CAN BD SKILLS ASSIST YOU:
- BD SKILLS can assist in information gathering and the completion of the EEA2 and EEA4 forms which will then be submitted to the Department of Labour Annually.
- BD SKILLS can assist with the completion of the EEA1, EEA12, EEA13 and other related Employment Equity documents.
- BD SKILLS can draft an Employment Equity Plan for the company and should it be necessary, BD SKILLS will assist in the implementation of this plan, including setting up the Employment Equity Committee and training, guiding and supporting the Employment Equity Committee on an ongoing basis.
- BD SKILLS can assist in perusing and developing policies and procedures should this be necessary.
- BD SKILLS can assist with the necessary meetings and any other information should it be required.
For more information or a service quote please contact us.