LettersOpinion

EXPERT ADVICE: Crack down on affirmative action defaulters

JOBURG - Labour Law Management Consulting takes a close look at EE compliance.

Written by lvan lsraelstam, Chief Executive of Labour Law Management Consulting.

The Employment Equity amendment Act came into effect on the first of August 2014. These amendments set much tougher standards for EE compliance. However, your company or organisation does not have to comply with all of  the EEA’s provisions if you fall into BOTH of the following categories:

  • You have fewer than 50 employees
  • Your company’s annual income is less than the threshold for your economic sector

Fines for non-compliance can be as much as R1500 000-00 for a first offence. It is therefore crucial for you as an employer to evaluate the level of your compliance with  requirements of EE implementation by checking whether your business or organisation has clearly codified policies and procedures on:

 

  •  Core EE Policy and Rationale
  • Organisational Culture
  • Basic Principles of EE implementation
  • Inclusivity
  • The Desired Objective
  • Conduct of EE Audit
  • Employment Equity Plan
  • Employment Equity Report
  • Information
  • What is Discrimination?
  • What is Indirect Discrimination?
  • Discrimination, Victimisation and Harassment
  • Instructions or Pressure to Discriminate
  • Strategic HR Planning – Workforce Composition
  • Roles and Responsibilities
  • Recruitment
  • Treatment  of  Applicants,  Short-Listing , Interviewing and Selection
  • Promotion, Transfers, Training and Development
  • Communication and Language Training for Employees
  • Selection Criteria and Tests
  • Career Pathing and Mentoring
  • Performance Appraisals
  • Discipline, Dismissal and Redundancy
  • Retention Measures
  • Employment Conditions
  • Social Responsibility
  • Disabled Employees
  • HIV / AIDS
  • Grievance Disputes
  • Discipline
  • Monitoring Employment Equity
  • Legal Dispute Resolution

 

You also need to ask the following questions:

  • Have these   policies and procedures been checked by a labour  law  expert  with  EE  expertise in order to ensure their compliance with the EEA and their practical viability?
  • Have all managers, employee committee members/trade union representatives and employees been  trained in the content and meaning of these policies?
  • Do these  policies  form a rational and firm foundation for the development of the employer’s EE targets and EE plans?

If the answer  to  any  of  these  questions  is “No”  then you need to act quickly before you are visited by a government inspector. You need to acquire the expertise necessary to ensure not only that you comply with the requirements of the EEA but also you’re your implementation process is effective and practical.

Details:

To buy our e-book, “Walking the New Labour Law Tightrope” please go to www.labourlawadvice.co.za.

(011) 888-7944 or 0828522973 or on e-mail address: ivan@labourlawadvice.co.za. Go to: www.labourlawadvice.co.za

 

 

 

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