MMS MDLADLANA
MINISTER OF LABOUR

NAWU WA NDZINGANO WA NTIRHO, 1998 (NAWU NO. 55 wa 1998)

Mina, Membathisi Mphumzi Shepherd Mdladlana, Holobye wa Mintirho, hi ku landzelela ka Xiyenge xa 55 xa Nawu wa Ndzingano wa Ntirho, 1998 (Nawu No. 55 wa 1998), na hi ku tsundzuxiwa hi Khomixini ya Ndzingano wa Vuthori/Ntirho, ndzi boha leswaku Swinawana swi andlariwa eka Xitandzhaku, leswi swi nga ta sungula ku tirha hi 01 Nwe’ndzamhala 1999.

MMS MDLADLANA
HOLOBYE WA MINTIRHO

CONTENTS

1. Definitions
2. Collecting information and conducting an analysis (section 19 of the Act)
3. Duty to prepare and implement an Employment Equity Plan (section 20 of the Act)
4. Duty to report (section 21 of the Act)
5. Duty to inform (section 25 of the Act)
6. Income differentials (section 27 of the Act)
7. Proof of submission
8. Enforcement

FORMS AND ANNEXURES

Definitions

1. In these regulations any expression that is defined in the Employment Equity Act, 1998, has that meaning and unless the context otherwise indicates -

1. "Director-General" as it appears in sections 14 and 21 of the Act, means the Director-General of Labour, Employment Equity Registry, Department of Labour, Private Bag X117, Pretoria, 0001;
2. "Director-General" as it appears in sections: 34, 37, 39, 40, 42, 43, 44 and 45 of the Act, means the Provincial Director of the Department of Labour -

1. in the province of KwaZulu/Natal, the Provincial Director, Department of Labour, P O Box 940, Durban, 4000, Tel (031) 336 1500, Fax (031) 307 6882;

2. in the province of the Northern Cape, the Provincial Director, Department of Labour, Private Bag X5002, Kimberley, 8300, Tel (053)838 1500, Fax (053)832 4798;

3. in the Northern Province, the Provincial Director, Department of Labour, Private Bag X9368, Pietersburg, 0700, Tel (015)290 1744, Fax (015)290 1670;

4. in the province of North-West, the Provincial Director, Department of Labour, Private Bag X2040, Mmabatho, 2735, Tel (018)384 2033, Fax (018)384 2597;

5. in the province of Eastern Cape, the Provincial Director, Department of Labour, Private Bag X9005, East London, 5200, Tel (043)701 3000, Fax (043)743 9719;

6. in the province of Mpumalanga, the Provincial Director, Department of Labour, Private Bag X7263, Witbank, 1035, Tel (013)655 8700, Fax (013)690 2622;

7. in the province of the Free State, the Provincial Director, Department of Labour, P O Box 522, Bloemfontein, 9300, Tel (051)430 3001, Fax (051)447 9353;

8. in the province of Gauteng:

Gauteng-South: in the Magisterial Districts of Alberton, Boksburg, Brakpan, Germiston, Heidelberg, Johannesburg, Kempton Park, Oberholzer, Randburg, Roodepoort, Vanderbijlpark, Vereeniging and Westonaria, the Provincial Director, Department of Labour, P O Box 4560, Johannesburg, 2000, Tel (011)497 3000, Fax (011)834 1081;

Gauteng-North: Benoni, Bronkhorstspruit, Cullinan, Krugersdorp, Nigel, Pretoria, Randfontein, Soshanguve1, Soshanguve 2, Springs and Wonderboom, the Provincial Director, Department of Labour, P O Box 393, Pretoria, 0001, Tel (012)309 5000, Fax (012)323 5449;

9. in the province of the Western Cape, the Provincial Director, Department of Labour, P O Box 872, Cape Town, 8000, Tel (021)460 5911, Fax (021)465 7318;

3. "the Act" means the Employment Equity Act, 1998 (Act No. 55 of 1998).

Collecting information and conducting an analysis (Section 19 of the Act)

2. (1) When a designated employer collects information about individual employees for the purposes of compiling a workforce profile to determine the degree to which employees from designated groups might be underrepresented, the employer must either -

1. request each employee in the workforce to complete, on a voluntary basis, a declaration that must be in the form of EEA 1 or contain the information required by that form; or
2. use existing dependable records of the employer, containing the information required by form EEA1.

(2) If the designated employer uses form EEA1, all employees who complete the form must at any time be able to make changes to the form at their request.

(3) If the designated employer elects to use a source of information referred to in subregulation (1)(b), each employee has the right to verify any information relating to that employee, and to request that changes be made to that information.

(4) A designated employer may use section B of form EEA 2 to develop the workforce profile of the employer’s employees as required by section 19(2) of the Act.

(5) When a designated employer conducts the analysis required by section 19(1) of the Act, the employer may refer to -

1. EEA8 Annexure 1, for the recording of demographic data;
2. EEA9 Annexure 2, which contains a definition of occupational levels; and
3. EEA10 Annexure 3, which contains a definition of occupational categories.

(6) A designated employer may refer to the Code of Good Practice: Preparation, Implementation and Monitoring of Employment Equity Plans as a guide when collecting information and conducting the analysis required by section 19 of the Act.

Duty to prepare and implement an employment equity plan (Section 20 of the Act)

3. (1) A designated employer may refer to the Code of Good Practice: Preparation, Implementation and Monitoring of Employment Equity Plans when preparing the employment equity plan required by section 20 of the Act.

(2) A designated employer must retain the employment equity plan for a period of three years after the expiry of the plan, unless the employer employs fewer than 150 employees, in which case the plan must be retained for 2 years.

(3) The employment equity plan must contain a description of the measures taken by the designated employer to ensure non-discrimination in relation to HIV/AIDS in that employer’s workplace.

(4) ‘A workplace’ means the place or places where the employees of an employer work. If an employer carries on or conducts two or more operations that are independent of one another by reason of their size, function, or organisation, the place or places where employees work in connection with each independent operation, constitutes the workplace for that operation.

Duty to report (Section 21 of the Act)

4. (1) Each designated employer must submit a report in terms of section 21 of the Act, which must be in the form of EEA 2 or contain the information required by that form.

(2) A designated employer whose operations extend across different geographical areas, functional units, workplaces or industry sectors may elect to submit a consolidated or separate report for each of these.

(3) A designated employer must retain a copy of the report for a period of three years after it has been submitted to the Director-General, unless the employer employs fewer than 150 employees, in which case the report must be retained for 2 years.

Duty to inform (Section 25 of the Act)

5. (1) Each employer must display the notice required by section 25(1) of the Act in the form of EEA 3, in all the official languages spoken in that employer’s workplace.

(2) If there are employees in the workplace who are unable to read this notice, the employer must inform those employees verbally about the provisions of the Act.

(3) The notice referred to in sub-regulation (1) is annexed in the following forms, each in the official language as indicated:

Income Differentials (Section 27 of the Act)

6. (1) Each designated employer must submit a statement of income differentials required by section 27 of the Act in the form of EEA 4, or in a document that contains the information required by that form.

(2) When completing the statement, designated employers may refer to EEA 10 for a definition of occupational categories.

(3) Designated employers must submit the statement to: Employment Conditions Commission, c/o Employment Equity Registry, Department of Labour, Private Bag X117, Pretoria, 0001.

(4) Designated employers must retain a copy of the statement for a period of three years after it has been submitted to the Employment Conditions Commission, unless the employer employs fewer than 150 employees, in which case the statement must be retained for two years.

Proof of submission:

7. (1) Whenever a person is required to satisfy any other person that a copy of any document required or prescribed by the Act or these regulations has been submitted to another party, that person may do so by providing -

1. a copy of the proof of mailing the document by registered post to the other party;
2. a copy of the telegram, telex, telefax or e-mail, including proof of transmission, communicating the document to the other party;
3. a copy of a receipt signed by the other party or on that party’s behalf if the document was delivered by hand; or
4. a statement confirming delivery signed by the person who delivered the document.

Enforcement (Chapter 5 of the Act)

8. (1) Securing an undertaking (Section 36 of the Act)

Any undertaking secured by a labour inspector in terms of Section 36 of the Act must be in the form of EEA 5 or contain the information required by that form.

(2) Compliance order (Section 37 of the Act)

A compliance order issued by a labour inspector under Section 37 of the Act must be in the form of EEA 6 or contain the information required by that form.

(3) Objections to a compliance order (Section 39 of the Act)

An objection lodged by a designated employer under Section 39 of the Act must be in the form of EEA 7 or contain the information required by that form.

The objection must be lodged with the Provincial Director at any provincial office of the Department of Labour listed in regulation 1(b).