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Designated employer: The EE Act requires that you to consult with your employees! Here's how this works

by , 01 September 2014
If you're a designated employer, you have certain duties under the Employment Equity Act (EE Act).

One of your duties is you must consult with your employees.

What's unfortunate is this duty is often misunderstood by employers. As a result, employers end up getting harsh penalties for failing to adhere to this duty properly.

Don't let this happen to you.

Keep reading to find out how the consultation process works so you can comply with the EE Act and avoid penalties that run into millions of rands.

*********** Reader's choice ***************
What you need to know about the 26 new Employment Equity amendments to comply from 01 August 2014

The new EE amendments will affects dozens of other work areas you may think EE doesn't effect.

But today, I want to hand you the one checklist that'll ensure you're complying with each and every one of them.


Are you a designated employer? Make sure you know what the EE Act says about the consultation process

Complying with the EE Act requires team work. In terms of the Act, you must consult with your employees so they can get involved in EE forums or in the EE Committee.

This process is important because it also allows your employees to choose who they'd like to represent them on the committee – and the fairest way of doing that is by a democratic workplace election.

The Labour Law for Managers Loose Leaf Service explains that before you ask your employees to consider standing for membership of your EE forum, make them aware of:

  • The content and application of the Act as preparation for their participation and consultation;
  • Employment equity and anti-discrimination issues;
  • The process you propose you'll follow;
  • The advantages to employees of participating in the process, and
  • The need for the involvement of all stakeholders to promote positive outcomes.

Overall, you must consult with your employees on EE matters, including your workplace analysis, your EE Plan, EE implementation, monitoring as well as EE reporting. You must involve a wide range of employees when you consult. This includes representatives from trade unions and employees not represented by the trade union.
Now that you know how consultation with your employees works, make sure you comply with the EE Act.

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