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Don't be like the SAPS. Consider these 7 factors to ensure your EE Plan is lawful

by , 17 March 2016
Earlier this year, it was reported that the Labour Court declared the South African Police Service's (SAPS's) Employment Equity (EE) Plan invalid.

It was found that the plan amounted to nothing more than a quota system, which in itself was non-compliant with the EE Act as well as Section 2 of the Constitution.

Now, from this recent news, there appears to have been a misinterpretation, from the SAPS, regarding its numerical targets and goals.

And while numerical targets and goals, with the intention of creating equitable representation in the workplace, especially for members from designated groups, are important, there are many factors which could affect them.

These are factors which you have to consider!

It would appear that the SAPS set absolute targets and goals, with only the nation's demographics as its sole guide, without considering other factors.

So to ensure that your EE Plan is fair and lawful, always consider the following 7 factors before setting numerical goals in your EE Plan...

*****Revealed:*****

 The ONE checklist that'll show you if you're complying with all 26 changes to the Employment Equity Act...
 
Use it to avoid business-crippling, non-compliance fines from the DoL

**********************
 
Factor#1:

The degree of under-representation of employees from designated groups in each occupational level within your company.

Factor#2:

Present and planned vacancies.

Factor#3:

The provincial and national demographics of the economically-active population of South Africa, as referred to in the statistics presented in the EE Act.

Factor#4:

The pool of suitably qualified persons from designated groups, from which you may be reasonably expected to consider for recruitment.
 
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Are you responsible for EE in your company? Read this now!
 

In the new amendments to the Employment Equity Act, the DoL says you must:
 
· Get rid of all unfair discrimination – or face a R30 000 fine;
· Draw up a legally compliant EE plan every year – and use the new method to submit;
· Pay employees who do the same work equally – or risk being taken to court;
· Set up an EE forum that is a correct representation of the nation – be careful, SAPS got this wrong;
· Report on how you're achieving your EE goals – but what if you're not…?
· And loads more
 
But do you even know where to start?
 
Get all the information you need to get to grips with the EE Act requirements at the EE Summit 2016. Plus with 9 case studies from HR Professionals in SA, you'll walk away with practical tips and tools you can use to comply with the EE Act.
 
Find out more at www.EESummit.co.za

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Factor#5:

Present economic and financial factors within your industry. As well as your own company's economic and financial circumstances.

Factor#6:

The expected reduction or growth of your workforce within the timeframe for your targets and goals.

Factor#7:

Trends and underlying reasons for labour turnover, especially among members from designated groups.
 
NOTE: The Code of Good Practice on the Presentation, Implementation and Monitoring of Employment Equity Plans says that you're under no obligation to introduce an absolute barrier regarding members who aren't from designated groups.

When determining your numerical goals, remember to consider the above-mentioned factors, instead of setting numerical targets based on absolute grounds, such as mere demographics for example.
 
 
To learn more on putting together a legally-compliant EE Plan, join us at the EE Plan Masterclass on 19 August 2016. You'll learn:
●        How to develop a unique EE plan to suit your business
●        Step-by-step guide to produce an EE plan
●        Requirements for EE measures and activities
●        What you must include in your EE plan to be compliant
 
Find out more details here


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