Employment Equity Plans, what you need to know!

The Constitution of the Republic of South Africa is built on a fundamental principle of the achievement of equality. Section 9 of the Constitution recognises that equality has two critical dimensions. The first, known as formal equality, prohibits unfair discrimination and ensures equal treatment for all individuals. The second, referred to as substantive equality, goes a step further by acknowledging the need to examine the social and economic conditions of individuals and groups. This approach focuses on implementing remedial measures to address historical disadvantages, which aligns with its goal of achieving true or meaningful equality, not just formal equality.

The Employment Equity Act, as amended (hereinafter the EEA) was passed to align with the aforementioned principles. The primary purpose of this Act is to eliminate unfair discrimination in the workplace and to ensure that affirmative action measures are implemented. These measures are designed to ensure that suitably qualified individuals from designated groups such as those historically disadvantaged by apartheid, are afforded equal employment opportunities. Through this framework, the EEA aims to ensure fair representation at all occupational levels within the workforce.

What is an Employment Equity Plan?

A key component of the EEA is the requirement for designated employers to design and implement an Employment Equity Plan. The purpose of this plan is to enable employers to make reasonable progress toward achieving employment equity within their businesses. By implementing an Employment Equity Plan, employers demonstrate their commitment to eliminating unfair discrimination in the workplace and to achieving equitable representation of designated groups through affirmative action measures.

Who does employment equity apply to?

Employment equity applies to employers who:

Key Components:

An Employment Equity Plan must clearly outline the steps the employer will take to achieve the objectives of employment equity, including annual objectives, affirmative action measures and numerical goals for equitable representation of designated groups. The plan must include a timetable for achieving both numerical and non-numerical goals, a monitoring process, procedures to resolve disputes and the identification of those responsible for implementation. The plan must have a duration of between one and five years.

Employers however are not left to navigate this process without guidance. The Department of Employment and Labour has published a Code of Good Practice as well as a guide to tailor plans to meet the employer’s specific needs while still adhering to the requirements as set out in the EEA.
 
This Code, together with a user guide, offers a structured approach for employers to follow in preparation, implementation and monitoring of Employment Equity Plans. 

Steps to implement an Employment Equity Plan

To successfully implement an Employment Equity Plan, employers must follow a few critical steps:

Feel free to contact the Recruitment Agency on 031 831 3201 or recruitment@masterbuilders.co.za for assistance with your Employment Equity Plan.

References:

1. https://lwo.co.za/2024/09/21/understanding-employment-equity-plans-in-sa/

Anisha Naidoo | Human Resources Manager