News / E-Bulletin
Employment Equity Amendment Bill 2020
Aug 11,2020
by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Thabisa Yantolo, Candidate Attorney
On 20 July 2020 the Minister of Employment and Labour, Thembelani
Waltermade Nxesi, (“Minister“)
announced that he intends to introduce the Employment Equity Amendment, 2020 Bill
(“Bill“) in the National
Assembly.
The Bill seeks to amend a number of clauses in the Employment Equity
Act 55 of 1998 (“EEA“).
The proposed amendments, include, among others, the following changes:
- The removal of the requirement that physiological testing and
similar assessments of employees be certified by the Health Professions Council
of South Africa;
- The amendment of the definition of ‘people with disabilities’ to
align it with the UN Convention on the Rights of Persons with Disabilities,
2007;
- The introduction of provision
allowing for numerical targets to be implemented for national economic sectors,
so as to ensure equitable representation of suitably qualified groups at all
occupational levels in the workforce. It is contemplated that different targets
may be set at different occupational levels, sub-sectors, regions or other
relevant factors;
- The requirement that an employer’s employment equity plan address
the numerical targets referred to in (c) above;
- The empowerment of labour inspectors to secure a written undertaking
from a ‘designated employer’ regarding the preparation of employment equity
plans;
- Clarification that where a
representative trade union is present, a ‘designated employer’ must consult
only with such union on matters requiring consultation in terms of section 17
of the EEA;
- The removal of the requirement that employers with less than 50
employees, but nonetheless earning in excess of a ‘turnover threshold’, comply
with the chapter III of the EEA (i.e. the provisions regarding affirmative
action); and
- The requirement that a certificate be issued to employers,
confirming their compliance with the provisions of the EEA, as a prerequisite
for contracting with the State. Note that this requires an amendment to section
53 of the EEA, which section is yet to become operative.
The Bill containing all the proposed amendments may be accessed at: https://www.gov.za/sites/default/files/gcis_document/202007/43535rg798gon43535.pdf.