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Authorised changes and compliance in your recruitment policy: Three elements that can't miss!

by , 15 June 2015
You can make many changes in your recruitment policy, but these have to respect a certain procedure and you have to also pay attention that your policy will benefit you.

The three elements will help you draft your policy in a way that will ensure you are compliant and make no mistakes in recruiting:

1. Who the policy applies to and who has authority to change it (application and authority)

• Start with who your policy applies to. You should make it apply to all permanent, temporary and contract employees within the organisation, as well as to external applicants, i.e. every appointment made must comply with this policy. This will ensure every person is treated the same, and your procedure fair and objective.

• Also, add who has the authority to change or overrule the policy. The policy should only be changed by senior management e.g. CEO, HR director or management committee.

• You also have to decide who will have the final decision in cases of dispute. If there are two equally qualified and promising applicants for the job, for instance, who will make the judgment call to decide who gets the position? Normally, this would be the HR director, or relevant senior manager.

• State who in your company has the right to recruit new employees, e.g. is it limited to management and your HR department?

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2. Legal requirements you must comply with

For this step, you must state that the recruitment and selection policy must be read in conjunction with your company's employment equity (EE) plan. All recruiters must use the EE plan to identify the designated group needed for the specific position and level.

Keep in mind that you've got to show your commitment to employment equity throughout the recruitment process. Make sure you include a specific clause that states the organisation is an equal-opportunity employer and preference will be given to affirmative action or designated groups.

All recruitment must be done in compliance with the following legislation:

• The Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996);
• The Employment Equity Act, 1998 (Act No. 55 of 1998);
• The Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997); and
• The Labour Relations Act, 1995 (Act No. 66 of 1995.

3. Type of position you need to recruit for (classification of position)

Here's where you have to clarify the type of positions you allow people to recruit for:

• Temporary/fixed-term contract positions, i.e. for a specific project, to relieve a permanent staff member while she is on maternity leave; to assist temporarily to ease an overload in work, etc.;
• Replacement of positions, i.e. to fill a position that has arisen due to a resignation, retirement, dismissal, etc.; or
• New positions.

Note that in case you're recruiting for a new or replacement position, you should look at your company's succession plan. Ideally, you should be employing the calibre of person who has the potential to fit in with your organisation's succession planning process – immediately or in the future. .

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