Tag Archive | labour south africa

Employment Equity Amendment Bill set to pass

Foreign labour gets look in….

legalIn an unusual turn of events  the Employment Equity Amendment Bill  allows for foreigners whose applications for citizenship were turned down before 1994 on the basis of their skin colour and such persons can be included in employment equity (EE) returns in future. Furthermore, all white, Indian and coloured women who had been gender disadvantaged in terms of statutory law at any stage will also qualify for inclusion in terms of equity reporting.

The next debate will possibly include a vote, the Employment Equity Bill being the third in a raft of four new labour bills presented recently to Parliament.

More of the same

The new EE Bill prohibits unfair discrimination in the workplace; regulates for the implementation of employment equity plans; gives more powers to labour inspectors; increase fines for non-compliance on equity issues for business; and ring fences such funds into a nominated national revenue fund.

Contraventions of some ten sections of the new Bill result in fines have a maximum penalty of R500,000 in cases where there are no previous convictions, to R900,000 in the case of four previous convictions in respect of the same offence within a period of three years.

Turnover based fines

Fines are, in fact, to be related to turnover of the entity in question, which can fall into eleven categories varying from agriculture to manufacturing, quarrying and mining to catering and transport and from wholesale, trade and commercial agencies to finance and business services. Electricity, gas and water are mentioned, as is construction and community and personal services – all with total annual turnover thresholds.

Other than a query from MPs to define further what constituted a “test” in terms of proposed provisions for regulations for psychometric evaluations to be carried out by the Health Professions Council, there were few objections or queries on the Bill when presented by DOL and the legislation looks destined for an easy passage through Parliament.

Refer previous articles in this category
http://parlyreportsa.co.za//bee/turnover-fines-employment-equity-breaches/
http://parlyreportsa.co.za//labour/employment-equity-bill-criminalises-offenders/
http://parlyreportsa.co.za//bee/rumblings-in-labour-circles-on-bee/

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