As designated employer, you have various Employment Equity (EE) duties. And failure to carry them out will lead to fines of as much as R2.7 million!
This is evidence enough to show why you must implement employment equity properly in the workplace.
So to help you ensure that you are carrying out your EE obligations correctly, here are the 6 main EE duties you are required to carry out, as a designated employer...
Duty#1: Implement Affirmative Action Measures
You have to implement Affirmative Action measures for people from designated groups in order to successfully achieve employment equity in the workplace.
These measures simply refer to any action or initiatives that specifically give opportunities to members from designated groups, all with the intention of achieving employment equity and equitable representation in the workplace.
Duty#2: Consult with your employees
Section 16 of the Employment Equity Act,
you are required to consult with your employees on various EE-related issues, the process you are going to follow and so on.
Among other things, you are also required to make a reasonable effort to consult, and reach an agreement, with the representative trade union, employees not represented by it, and any nominated representatives from these former groups.
Duty#3: Carry out an analysis of your policies and workplace profiles
Here, you must analyse your employment policies, practices and procedures and the working environment in order to identify any barriers which affect members from designated groups.
You must also look into your workplace profile to determine the level of under-representation in your company.
Duty#4: Prepare an employment equity plan
You are required to prepare and implement a plan to achieve employment equity.
This plan must be reasonable and achievable, consisting of various factors such as:
· Numerical goals;
· The objectives for each year of your plan;
· Your Affirmative Action measures; etc.
Duty#5: Submit your employment equity report
You must report to Government each year by the 1st
of October for manual submissions and by the 15th
of January (after the 1st
of October) for electronic submissions.
Duty#6: Inform all your staff
You must clearly display a summary of the Employments Act's
provisions in your workplace, for all employees to see.
You must also display the following:
· The most recent report you sent to the Director-General;
· Any compliance order, arbitration award or Labour Court Order you've received on any employment equity matter; and
· A copy of your current Employment Equity Plan.
*Those were the six main Employment Equity duties you have as a designated employer.
But don't get too comfortable! Because those were just summaries!
To find out all the finer details, and more, around each of these duties, go to Chapter E 04
in your Labour Law for Managers
If you don't already have it, click here.