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Employment Equity Amendment Bill Tabled

July 23, 2020

Parliament

The Employment Equity Amendment Bill has been tabled in parliament.

The draft bill was published for comment in October 2018.

The explanatory summary was published in Government Gazette 43535.

The bill aims to amend the Employment Equity Act, 1998, so as to:

• amend a definition;
• insert certain definitions, to substitute a definition and to delete a definition;
• provide for the Minister to identify sectoral numerical targets in order to ensure the equitable representation of suitably qualified people from designated groups; and
• provide for matters connected therewith.

The proposed legislation will empower the labour minister to determine sectoral numerical targets in order to ensure the equitable representation of suitably qualified people from designated groups (blacks, women and persons with disabilities) at all occupational levels in the workforce.

It also seeks to enhance the administration of the act including the implementation of section 53 that provides for the issuing of a certificate by the minister confirming an employer’s compliance with Chapter II, or Chapters II and III, of the act, as the case may be, in relation to the conclusion of State Contracts.

The bill also aims to remove the requirement for psychological testing and similar assessments of employees to be certified by the Health Professions Council of South Africa and to remove a provision empowering non-designated employers to notify the Director-General of the labour department that they intend to voluntarily comply with Chapter III of the act as if they were a designated employer.

The portfolio committee on employment and labour will now process the bill.