Document Actions New Employment Equity Act will make it mandatory for all employers to submit EE Plans: Department of Labour by Lloyd Ramutloa— last modified 2013-08-22 17:25 21-August-2013 The new Employment Equity Act (EEA) will make it compulsory of all employers irrespective of their size to submit their annual EE Plans with the Department of Labour (DoL). Kholeka Mputa, Assistant Director of Policy and Development in the DoL’s EE Directorate told an EE Workshop hosted by the department today (August 21) that the old Act disadvantaged small employers in that they had to submit annually, because they needed a certificate to do business with government. Bigger employers were submitting their reports every two years. The EEA is among a raft of South Africa’s labour laws currently being amended by Parliament. The other labour laws currently undergoing a review are the Labour Relation Act, the Basic Conditions of Employment Act and the newly-introduced Employment Services Bill. Mputa said: “the amendments will allow for fines to be increased. Some employers have not been complying because they can budget for fines. The new fines will be made to bite. The fines will keep up with the inflation rate. The fines will be determined in accordance with the number and severity of transgressions. It would be better for an employer to do the right thing all the time, rather than be compelled”. The amendments to the EEA are intended to give effect to fundamental constitutional right to equality, fair labour practices and protection against unfair discrimination. The new law also seeks to strengthen the implementation and enforcement mechanism of the Act and ensure equal payment for work of equal value. The EE workshop by the Department of Labour was held at Summer Strand Hotel in Port Elizabeth. The workshop was targeting the Manufacturing, Wholesale, Retail and Transport Sectors. The workshop is one among a series to be held under the theme: “Bridging the Equity Gap” - across South Africa. The workshops are aimed at creating awareness on compliance with the EEA; encourage designated employers on successful EE reporting particularly On-Line Reporting for the period 2013; increase the quality of large employer EE Reports analysed by 15% which is 5 555 in this reporting cycle from 4 831 reports analysed in 2012 reporting period; and to publicise and promote the Public Register for 2012 reporting. The workshops will be held from 10:00-13:00. The next workshop will be held in Potchefstroom, North West next week targeting the Agriculture, Catering and Wholesale, Manufacturing, Construction and Transport Sectors. Bheki Gama, Department of Labour’s Chief Director: Provincial Operations in the Eastern Cape lamented the state in which companies do not have EE Forums; junior human resource practitioners are delegated to take charge of EE; some employers do not have EE plans; employers who submit reports way after the closing date; incorrect and inaccurate information. Gama said: “EE should not be relegated to juniors. EE should be seen as a business imperative not as an administrative burden. If EE is seen as a burden, we risk committing what is called ‘malicious compliance’, wherein employers submit just for the sake of compliance”. “When we transform business, this translates to the economy and later to the country. Meaningful growth in the economy should start in the workplace through diversification of demographics and turning workplaces into centres of excellence, in which all are given opportunity to excel”. James Maditse Molane, a practitioner in DoL’s EE Directorate, told the workshop on the importance of establishment of workplace EE forums in which both the employer representatives and the workers participate. He advised employers to spell-out the time frames of EE plans, and ensure that these are achieved before the plans are reviewed. Molane cautioned that the implementation of EE was fraught with a number of ‘potholes’. He said therefore it was imperative that an employer devise mechanisms to deal with barriers in the implementation of affirmative action. According to Molane for an EE Plan to be successful it should contain objectives and be measurable. He also emphasised the need for appointment of a responsible senior person so as to ensure monitoring and compliance with EE plans at higher level. · The Department of Labour is reminding employers that the 2013 EE reporting season will begin on 1 September 2013. The season will open for both manual and electronic submissions. Manual submissions close on the 1st October 2013, while on online submissions will close on 15 January 2014.
Posted on: Wed, 28 Aug 2013 14:27:07 +0000
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