Most Recent Publications

Breaking News



The Employment Equity Amendment Bill and the New Employment Services Bill – Public Comments Now Due

By Johan Botes

Director in the Employment practice at Cliffe Dekker Hofmeyr

Parliament’s portfolio committee on labour has released the Employment Equity Amendment Bill (EEAB) and the Employment Services Bill for public comment. When these bills come onto law they will have a significant impact on how employers conduct their business. The public has been invited to provide written submissions on the Bills by no later than 14 December 2012.

“Among the many changes made to the current Employment Equity Act, No 55 of 1998, the EEAB introduces a new form of unfair discrimination,” says Johan Botes, Director in the Employment practice at Cliffe Dekker Hofmeyr.

“This will regulate situations where different employment conditions are applied to different employees who do the same or similar work (or work of equal value). Unless the employer can show that differences in wages or other conditions of employment are, in fact, based on fair criteria such as experience, skill and responsibility, such conduct will constitute unfair discrimination,” he explains.

Botes says that with regard to affirmative action, the Labour Department (Department) will now have increased powers to fine companies who do not comply with their employment equity obligations. The quantum of fines will be increased and may now also be determined by making reference to the employer’s annual turnover.

“Furthermore, the group of people who benefit from affirmative action will now be limited to persons who were citizens of South Africa before the democratic era (or would have been entitled to citizenship, but for the policies of apartheid), and to their descendants. This means that the employment of persons who are foreign nationals, or who have become citizens after April 1994, cannot assist employers to meet their affirmative action targets,” he explains.

Mark Meyerowitz, an Associate in the Employment practice, says that the amendments will also affect a company’s use of contract workers.

“In line with proposed amendments to the Labour Relations Act, No 66 of 1995, employees who are placed with a client by a Labour Broker for longer than six months will be deemed to be employees of the company for the purposes of affirmative action.

He says that the Employment Services Bill is a new government initiative that will set up a public 'employment services agency', and will also provide for the regulation and registration of private employment services agencies.

“These agencies are not labour brokers but institutions that will provide job seekers with certain services such as matching job seekers with available work opportunities, registering job seekers, job vacancies and facilitating other employment opportunities. The Bill will also set up a nationwide database to monitor employment and assist with government’s goal of creating more jobs, decent work and sustainable livelihoods,”  Meyerowitz adds.

For more information please contact Johan Botes, Director, Employment practice, Cliffe Dekker Hofmeyr, (011) 562 1124 or email: This email address is being protected from spambots. You need JavaScript enabled to view it.

Follow this link to download the EMPLOYMENT EQUITY AMENDMENT BILL

Courses and Workshops

Our Clients

 

Managing Day to Day Issues/ Problem Employees Full day workshop

29 September 2017

Southern Sun: Elangeni & Maharani, Elangeni Towers: Durban

13 October 2017

Southern Sun: OR Tambo International Airport

Workshop Policies and Procedures

05 October 2017

Southern Sun: OR Tambo International Airport

Basic Labour Relations

06 October 2017

Emperors Palace: Convention Centre

Skills Development Committee Training

12 October 2017

Southern Sun/Tsogo Sun Hotel: Or Tambo International Airport

19 October 2017

Protea Hotel By Marriott Tyger Valley: Cape Town

Workshop Chairing Disciplinary Hearings

12 & 13 October 2017

Emperors Palace: Convention Centre

Skills Development Legislation and Review

18 October 2017

Protea Hotel By Marriott Tyger Valley: Cape Town

26 October 2017

Emperors Palace: Convention Centre

The OHS Act and the Responsibilities of Management

27 October 2017

Southern Sun/Tsogo Sun Hotel : Or Tambo International Airport

17 November 2017

Protea Hotel By Marriott Tyger Valley: Cape Town

Health and Safety Representative Course

03 November 2017

Emperors Palace: Convention Centre

15 November 2017

Protea Hotel By Marriott Tyger Valley: Cape Town

Occupational injuries and diseases in the workplace

08 November 2017

Southern Sun/Tsogo Sun Hotel : Or Tambo International Airport

16 November 2017

Protea Hotel By Marriott Tyger Valley: Cape Town