Feb 17,2014 / News / Legal Brief

The Draft Employment Equity Amendment Bill has been enacted as the Employment Equity Amendment Act 47 of 2013 (“Amendment Act”). The Amendment Act will only come into operation on a date specified by the President. No such date has, as yet, been specified.

The Amendment Act introduces a number of significant amendments to the Employment Equity Act 55 of 1998, including:

  1. The further regulation of the prohibition of unfair discrimination against employees, in particular that it would constitute unfair discrimination to remunerate employees who perform the same functions differently;
  2. The further regulation of the preparation of Employment Equity Plans and Reports;
  3. The imposition of increased fines on recalcitrant employers;
  4. The amendment to the definition of who constitutes a designated employee for the purposes of the EEA. This has a material bearing on an employee’s obligation to meet employment equity targets; and
  5. An increase to the annual thresholds applicable to employers.

Werksmans will keep you updated on the implementation date for this Act. Should you require any further information on the amendments to the Act and the procedure for ensuring compliance therewith, please do not hesitate to contact us.

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