Objectives of the act the eea is aimed at achieving equality in the. Character references are excluded, and special provisions apply to requests for information about interviews by the civil service commissioners, local. Act to make further provision for the promotion of equality between employed persons. Employment equity act summary western cape government. Employment equality under the pregnancy discrimination. The employment equality acts include employment equality act, 1998 equality act 2004 civil law miscellaneous provisions act 2011 equality miscellaneous provisions act 2015. Guide to the employment equality act irish human rights and.
The main purpose of the employment equity act is to achieve equality in the work place by. Employment equality workplace relations commission. This revised act is an administrative consolidation of the employment equality act 1998. Resource manual employment equality acts 1998 and 2004. Download our statement on key inequalities in employment in northern ireland. The statement on key inequalities in employment in northern ireland highlights our assessment of inequalities and differences in employment faced by equality groups across the section 75 equality categories in northern ireland. Compared to the level of business support for the employment nondiscrimination act enda, which was introduced in nearly every session of congress for the past 20plus years, along with previous iterations of the equality act, more of the broader business community endorses the current version of the equality act. Article information, pdf download for outside the equality act open. Amendments were also made by the following enactments.
The employment equity act, 1998 aims for equality by imposing the duty to. The code is issued in terms of section 541a of the employment equity act, no. Chapter 1 definitions, purpose, interpretation and application 1. Bbbee and labour employment equity in a calabash introduction the employment equity act eea has been put in place in order to address certain imbalances in the workplace due to past discriminatory practices in south africa.
Any changes that have already been made by the team appear in the content and are referenced with annotations. The employment equity act protects you, and your rights, from any form of discrimination by your employer. Employment equality act and the equal status act and whenever necessary to make proposals to the minister for justice and equality for the amendment of those acts. The purpose of the act is to achieve equity in the workplace, by. Title eea 3 summary of the employment equity act 55 of 1998 description eea 3 a summary of the employment equity act, 55 of 1998, as amended issued in terms of section 251 category lra forms sub category department of labour document type forms filename 3. Summary of the employment equity act, 55 of 1998, issued in terms of section 251 1. South africa is one of the most culturally, racially and economically diverse countries in the world. On the employment equity act 55 of 1998, specifically, see louw 2006 sa merc lj which will be referred to in more detail in the text below. Download the ios download the android app other related materials. Ireland has been a member of the eu since 1973 and our significant employment equality legislation dates back to 1977. Prior to the 1998 act, an earlier piece of legislation on employment equality was referred by the president to the supreme court to test its. The act was amended by the equality act 2004, section 27 of the protection of employment exceptional collective redundancies and related matters act 2007, sections 82 and 83 of the civil law miscellaneous provisions act 2008.
Employment equity act 55 of 1998 people with disabilities. The employment equality act 1998 outlaws discrimination in employment on nine distinct grounds, including gender. The protection operates through the employment rights act 1996. Section 2 the purpose of the act is to achieve equity in the workplace, by promoting equal opportunity and fair treatment in employment through the eliminatio. Employment equity act 55 of 1998 south african government. It addresses discrimination in the workplace and opens a new potential for equality in. Protection of employment rights page 9 during an absence on parental leave an employee is s. Northern ireland does not have a single equality act, and current law in northern. Certain provisions in the employment equality act 1998 and the equal status act 2000 were amended by the equality act 2004.
Eea 3 summary of the employment equity act 55 of 1998 pdf. Department of labour employment equity act, act no. Disability this is very broadly defined in the act and will include the vast majority of disabilities. Considering that since the first employment equality act in 1977, we have enacted the 1998 act and the 2004 act both of which are substantial, the continuation of the pay gap should ideally be much lower. The exclusion of women from employment on the basis of pregnancy perpetuates the sexual division of productive and reproductive labor, thereby confirming womens second class status in the work force. Refer a disputemake a complaint workplace relations. There are outstanding changes not yet made by the legislation. Employment equality under the pregnancy discrimination act of 1978 pregnancy discrimination exhibits a coherent social logic. Employment equality act, 1998 law reform commission. This is the current version and applies as from 1 august 2014, i. Equality acts 1998 and 2004 and the equal status acts 2000 to. Implementing positive measures affirmative action to ensure the equitable representation of black people. In this act, unless the context otherwise indicatesbasic conditions of employment act means the basic conditions of employment act, 1997 act no.
To ensure that everyone enjoys equal opportunity and fair treatment in the workplace, the employment equity act, no 55 of 1998 was enacted into law. The purpose of the employment equity act, no 55 of 1998 is to achieve equity in the workplace by promoting equal opportunity and fair treatment in employment through elimination of unfair discrimination and implementing affirmative action measures to redress the disadvantages in employment experienced by designated groups, in order to ensure equitable representation in all occupational. An act to repeal and replace the employment act in order to amend the law relating to employment, to make comprehensive provision therefor and to provide for matters incidental thereto and connected therewith. The absence, therefore,will count as reckonable service for. Whenever unfair discrimination is alleged in terms of this act, the employer against whom the allegation is made must establish that it is fair. Note 1 you should note that the workplace relations commission wrc will send a copy of the complaint or dispute to the other party the employer or service provider where you have opted to have the matter dealt with by an adjudication officer and all relevant correspondence sent to the wrc by either party will be copied to the other party to the complaint. Direct discrimination 44 introduction 44 what the act says 45 what is less favourable treatment. Actswhichaffectorpreviouslyaffectedthisrevision creditguaranteeamendmentact201612016 equality miscellaneousprovisionsact2015432015. Guidelines for employment equality policies in enterprises.
Promoting equal opportunity and fair treatment through the elimination of unfair discrimination. Employment equality act 1998 since joining the eu, discrimination has been addressed in the employment equality act 1977, through to the employment equality act 1998, and then further amended by the equality act 2004. An act to make provision to require ministers of the crown and others when making strategic decisions about the exercise of their functions to have regard to the. Fair employment and treatment northern ireland order 1998. Doc to what extent are the employment equality acts 1998. Employment equality acts 1998 to 2015, other than section 272 and section 374 inserted by part 2 of the equality act 2004 no. Significant amendments were made by the equality act 2004. This booklet sets out the main elements of the employment equality act 1998. Chapter 1 section 75 of the northern ireland act 1998 the statutory duties section 75 of the northern ireland act 1998 the act requires public authorities designated4 for the purposes of the act to comply with two statutory duties.
Ecni research and investigations into employment and. The first duty is the equality of opportunity duty, which requires public. The purpose of the employment equity act, no 55 of 1998 is to achieve equity in the workplace by promoting equal opportunity and fair treatment in employment through elimination of unfair discrimination and implementing affirmative action measures to redress the disadvantages in employment experienced by designated groups, in order to ensure equitable representation in all. Code of good practice on equal payremuneration for work of equal value published in gn 448 in gg 38837 of 1 june 2015 code. Employment equality complaints january to june 2020. Schools and the equal status act file format pdf 700kb. Protected characteristics 30 introduction 30 age 30 what the act says 32 disability 32 what the act says. Exclusion of discrimination on particular grounds in.
The single equality act 2010 was intended to unify and simplify. Summary of the employment equity act, 55 of 1998, issued. Equality act 2010 2010 chapter 15 an act to make provision to require ministers of the crown and others when making strategic decisions about the exercise of their functions to have regard to the desirability of reducing socioeconomic inequalities. The equality act 2004 amends the employment equality act, 1998 and enhances its antidiscrimination. Employment equality act 1998 came into operation in 1999 and replaced the antidiscrimination pay act 1974 and the employment equality act 1977. The president may determine different dates in respect of different provisions of this act. The employment equality act 1998 has been amended five times since its enactment. The employment equality act 1998 came into force in october 1999. Ccma means the commission for conciliation, mediation and arbitration, established by section 112 of the. Protection of employment exceptional collective redundancies and related matters act 2007 civil law miscellaneous provisions act 2008. Employment statutory code of practice equality and human.
The act gives protection to employees in both the public. Employment equity act updated to 1 august 2014 act 55 of 1998 notice 23, g. The employment equity act, 1998 and other myths about the. The implications of the employment equality act 1998. Employment equality acts 1998 to 2008, other than section 272 and section 374 inserted by. Employment of educators act 76 of 1998 education labour relations council c 2 employment of educators act 76 of 1998 assented to 30 september, 1998 english text signed by the president date of commencement. Number employmentequalityact1998 employmentequalityact1998. The author critically examines the organising principle of the affirmative action provisions of the employment equity act or eea, as well as the implications of the recent judgment by the constitutional court in its first case involving the application of affirmative action in the employment context and in terms of the eea saps v solidarity obo barnard. Summary of the employment equity act, 55 of 1998, issued in. The employment equality act 1998, which came into operation in october 1999, repeals and replaces the antidiscrimination pay act 1974 and the employment equality act 1977. Eea 3 summary of the employment equity act 55 of 1998 description eea 3 a summary of the employment equity act, 55 of 1998, as amended issued in terms of section 251 category lra forms sub category department of labour document type forms filename 3.
Employment equality act 1998 law reform commission. Code of practice on the irish human rights and equality. To what extent are the employment equality acts 19982011. Any changes that have already been made by the team appear in. The employment equality acts 1998 to 2011 cover employees in both the public and private sectors as well.
The equality act, 2004 european institute for gender equality. The legislation prohibits discrimination on any of the above grounds. Refer a disputemake a complaint workplace relations commission. Short title, collective citations and construction. Short title this act may be cited as the employment act. A restated and revised version of the employment equality acts which brings together all amendments and changes in a single text is available from the law reform.
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