1 employment equity department of labour training session: regulations and code of good practice:...
TRANSCRIPT
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EMPLOYMENT EQUITYDEPARTMENT OF LABOUR
TRAINING SESSION:
REGULATIONS AND CODE OF GOOD PRACTICE:
EMPLOYMENT EQUITY PLANS
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EMPLOYMENT EQUITYDEPARTMENT OF LABOUR
REGULATIONS
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Scope
• EE Managers should:– Be permanent employees– Report directly to the CEO– Have key employment equity outcomes
• EE Managers need:– The necessary authority or mandate– An appropriate budget– Time off from other duties and commitments– Access to required resources
Regulations
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EMPLOYMENT EQUITYDEPARTMENT OF LABOUR
TEN STEPS TO AN EMPLOYMENT EQUITY PLAN
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PHASES OF THE PLAN
Step 1
Assign responsibility
Step 2
Communication, awarenessand training
Step 3
Consultation
Step 4
Analysis
Preparation
Step 5
Affirmative Actionmeasures and objectives
Step 6
Time frames established
Step 7
Allocation of resources
Step 8
Plan communication
Implementation
Step 9
Monitor, evaluate, andreview
Step 10
Report
Monitoring
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STEP 1: Assigning responsibility
Phase 1: Preparation
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STEP 1: Assigningresponsibility
• EE Managers should:– Be permanent employees– Report directly to the CEO– Have key employment equity outcomes
• EE Managers need:– The necessary authority or mandate– An appropriate budget– Time off from other duties and commitments– Access to required resources
Phase 1: Preparation
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STEP 2: Communication,awareness and training
Phase 1: Preparation
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STEP 2: Communication,awareness and training
• Positive outcomes such as:– Better utilisation of human resources– A more diverse and productive workforce– A workforce that reflects the relevant labour
market
Phase 1: Preparation
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STEP 2: Communication,awareness and training
• All employees should– be made aware and informed of the content and application of
the Act– be sensitised with regard to employment equity and anti-
discrimination issues– be informed regarding the process to be followed– understand the importance of their participation in the process– be made aware of the need for participation of all stakeholders
Phase 1: Preparation
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STEP 2: Communication,awareness and training
• Delivery methods could include:– pamphlets– newsletters– workshops– videos– training sessions
Phase 1: Preparation
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STEP 2: Communication,awareness and training
• Managers should:– be informed of their obligations in terms of the
Act– be offered training in diversity management and
related skills– understand that discrimination can be direct,
indirect, or as a result of inaction or victimisation
Phase 1: Preparation
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STEP 3: Consultation
Phase 1: Preparation
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STEP 3: Consultation
• Start process as early as possible
• How should this happen?– A consultative forum should be established or
an existing forum used if this is appropriate
• Who should be included?– All stakeholders such as:– Representative trade unions
Phase 1: Preparation
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STEP 3: Consultation
• Who should be included?– Employee representatives from:
• designated groups
• non-designated groups
• all occupational categories and levels
• Senior management, including the managers assigned with responsibility
Phase 1: Preparation
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STEP 3: Consultation
• Proper consultation includes:– the opportunity to meet and report back to
employees and management– reasonable opportunity for employee
representatives to meet with the employer– the request, receipt and consideration of relevant
information– adequate time allowed for each of the above steps.
Phase 1: Preparation
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STEP 3: Consultation
• Relevant information include:– the particular business environment and circumstances
of the employer
– the relevant economic sector or industry
– relevant local, regional, and national demographic information about the economically active population
– the anticipated growth or reduction of the employer's workforce
– the turnover of employees in the employer's workforce
Phase 1: Preparation
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STEP 3: Consultation
• Relevant information include:– the internal and external availability for appointment or
promotion of suitably qualified people from the designated groups
– the degree of representation of designated employees in each occupational category and level in the employer's workforce
– employment policies and practices of the employer.
Phase 1: Preparation
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STEP 4: Analysis
Phase 1: Preparation
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STEP 4: Analysis• Firstly, to assess all employment policies,
practices, procedures, and the working environment in order to identify barriers that may– contribute to the under-representation or under-utilisation of
employees from the designated groups– contribute to the lack of affirmation of diversity in the
workplace– adversely affect designated groups– to identify practices or factors that positively promote
employment equity and diversity in the workplace.
Phase 1: Preparation
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STEP 4: Analysis• What should be reviewed?
– all employment practices such as recruitment, selection, pre-employment testing, and induction
– practices related to succession and experience planning, and related promotions and transfers
– utilisation and job assignments
– current training and development methodologies and strategies, and access to training
– remuneration structures and practices
Phase 1: Preparation
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STEP 4: Analysis• What should be reviewed?
– employee benefits arrangements
– disciplinary practices
– working conditions
– the number and nature of dismissals, voluntary terminations and retrenchments
– corporate culture
– practices relating to the management of HIV/AIDS in the workplace which could be discriminatory
– any other practices or conditions that are tabled by the consultative forum.
Phase 1: Preparation
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STEP 4: Analysis• What to look for?
– Factors that adversely affect employees from designated groups
– Subtle or indirect forms of discrimination and stereotyping
– All practices should be checked to see if they are fair and do not result in unfair discrimination.
Phase 1: Preparation
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STEP 4: Analysis
• Secondly, to determine the extent of under-representation of employees from the designated groups in the different occupational categories and levels of the employer's workforce.
Phase 1: Preparation
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STEP 4: Analysis
• How do you establish a workforce profile?– By establishing which employees are members of designated
groups.– Employers can do this by getting the information from
employees themselves using form EEA1 of the Regulations
– If employers have alternative and reliable sources of this information, such as the information captured on employment application forms, they may use this as long as employees are able to verify or change such information.
Phase 1: Preparation
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STEP 4: Analysis
• How do you establish a workforce profile?– By comparing the number of employees from
designated groups with relevant demographics.– Sources of demographics information:
• Form EEA 8 of the Regulations
• Statistics South Africa
• HSRC
• Breakwater Monitor
Phase 1: Preparation
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STEP 4: Analysis
• An employer can compare his workforce profile:– with those of organisations of a similar size– with those of organisations within the same
sector or industry– with those of organisations which are
structurally similar and whose activities are spread over a similar geographic area
Phase 1: Preparation
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STEP 5: Affirmative Actionmeasures and objectives
Phase 2: Implementation
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STEP 5: Affirmative Actionmeasures and objectives
• How to go about setting goals and objectives?– a snapshot of their organisation profile and valuable
information on their organisation's profile in respect of race, gender and disability
– an understanding of which practices or working conditions adversely affect members of designated groups
– which practices and working conditions are conducive to diversity
Phase 2: Implementation
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STEP 5: Affirmative Actionmeasures and objectives
• How to go about setting goals and objectives?– internal statistics regarding the rate of labour turnover at
the various levels
– internal statistics regarding movements such as promotions and transfers at the various levels
– information regarding the profile of the economically active population in their region
– comparisons between the organisation's workforce profile and those of similar organisations.
Phase 2: Implementation
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STEP 5: Affirmative Actionmeasures and objectives
• What are affirmative action measures?– those measures that need to be taken to address the
employment policies, practices, and working conditions that were identified in Step 4 as having an adverse effect on the employment and advancement of members of designated groups.
– For each specific practice identified, an affirmative action measure or measures need to be formulated and developed.
Phase 2: Implementation
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STEP 6: Time frames
Phase 2: Implementation
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STEP 6: Time frames
• The duration of a plan should be between one and five years. Employers should decide on the duration of their plans given their particular circumstances and the timeframe in which they can make meaningful progress.
• The time frame should set out more than the duration of the plan. It should specify milestones and the target dates set for reaching these.
Phase 2: Implementation
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STEP 7: Resources
Phase 2: Implementation
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STEP 7: Resources
• Budgets should be appropriately allocated in order to implement the agreed components of the plan.
• People such as the manager(s) assigned with responsibility.
• Time off for stakeholders involved in the process.• Infrastructure such as a project office or meeting room.• Training and information sharing• Any other resources that may be appropriate in the
circumstances.
Phase 2: Implementation
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STEP 8: Communicatethe plan
Phase 2: Implementation
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STEP 8: Communicate the plan
• Communication should inform stakeholders:– Who is responsible for the implementation of
the plan– Where information regarding the plan can be
obtained– Objectives and duration of the plan– Dispute resolution procedures– Roles and responsibilities
Phase 2: Implementation
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STEP 9: Monitoring andevaluating the plan
Phase 3: Monitoring
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STEP 9: Monitoring and evaluating the plan
• Employers should– Keep records of the plan. – Implement mechanisms to monitor and evaluate the
implementation of the plan. – Evaluate progress at structured and regular intervals. – Report on progress to the consultative forum and all
stakeholders.– Review and revise the plan through the consultation
process.
Phase 3: Monitoring
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STEP 10: Reporting
Phase 3: Monitoring
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STEP 10: Reporting• Which forms to use?
– Employment Equity Report Form EEA2. – Income Differential Statement Form EEA4.
Phase 3: Monitoring
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STEP 10: Reporting• 150 or more employees:
– Report annually to the Department of Labour– 1 June 2000 and thereafter annually on the first working
day of October.
• Complete:– Form EEA2 All Sections except Section G (progress report)– Form EEA4 All Sections– From the second reporting cycle onwards Section G of
Form EEA2 must also be completed.
Phase 3: Monitoring
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STEP 10: Reporting• Less than 150 employees:
– Report bi-annually to the Department of Labour– 1 December 2000 and thereafter every second year on the
first working day of October.
• Complete:– Form EEA2 Sections A, B, F and H– Form EEA4 Sections A and C– From the second reporting cycle onwards Section G of Form
EEA2 must also be completed.
Phase 3: Monitoring
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Supporting documentation• Regulations• Forms and annexures to the Regulations
– EEA1 Employee Declaration– EEA2 Report Form– EEA3 Summary of the Act– EEA4 Income Differential Statement– EEA8 Demographic Information– EEA9 Occupational Levels– EEA10Occupational Categories
• Code of Good Practice: The Preparation, Implementation and Monitoring of Employment Equity Plans