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South
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NATIONAL LEGISLATION OVERVIEWS
NATIONAL LEGISLATION OVERVIEWS
Employment Equity Act, No.
55 of
1998
Long title
To provide for employment equity; and to provide for matters incidental thereto.
Table of contents
Legislation Text Access Point
Long title
To provide for employment equity; and to provide for matters incidental thereto.
Table of contents
| SECTION | TITLE |
| PREAMBLE | |
| ARRANGEMENT OF ACT | |
| CHAPTER I. DEFINITIONS, PURPOSE, INTERPRETATION AND APPLICATION | |
| 1. | Definitions |
| 2. | Purpose of this Act |
| 3. | Interpretation of this Act |
| 4. | Application of this Act |
| CHAPTER II. PROHIBITION OF UNFAIR DISCRIMINATION | |
| 5. | Elimination of unfair discrimination |
| 6. | Prohibition of unfair discrimination |
| 7. | Medical testing |
| 8. | Psychometric testing |
| 9. | Applicants |
| 10. | Disputes concerning this Chapter |
| 11. | Burden of proof |
| CHAPTER III. AFFIRMATIVE ACTION | |
| 12. | Application of this Chapter |
| 13. | Duties of designated employers |
| 14. | ... [... repealed by Act 2022_004_002_20230414 - was entitled "Voluntary compliance with this Chapter"] |
| 15. | Affirmative action measures |
| 15A. | Determination of sectoral numerical targets [... inserted by Act 2022_004_003_20230414] |
| 16. | Consultation with employees |
| 17. | Matters for consultation |
| 18. | Disclosure of information |
| 19. | Analysis |
| 20. | Employment equity plan |
| 21. | Report |
| 22. | Publication of report |
| 23. | Successive employment equity plans |
| 24. | Designated employer must assign manager |
| 25. | Duty to inform |
| 26. | Duty to keep records |
| 27. | Income differentials and discrimination [...Title amended by Act 2013_047_012_20140116 - was entitled "Income differentials"] |
| CHAPTER IV. COMMISSION FOR EMPLOYMENT EQUITY | |
| 28. | Establishment of Commission for Employment Equity |
| 29. | Composition of Commission for Employment Equity |
| 30. | Functions of Commission for Employment Equity |
| 31. | Staff and expenses |
| 32. | Public hearings |
| 33. | Report by Commission for Employment Equity |
| CHAPTER V. MONITORING, ENFORCEMENT AND LEGAL PROCEEDINGS | |
| Part A. Monitoring | |
| 34. | Monitoring by employees and trade union representatives |
| Enforcement: | |
| 35. | Powers of labour inspectors |
| 36. | Undertaking to comply |
| 37. | Compliance order |
| 38. | Limitations |
| 39. | ... [...repealed by Act 2013_047_015_20140116 - was entitled "Objections against compliance order"] |
| 40. | ... [...repealed by Act 2013_047_015_20140116 - was entitled "Appeal from compliance order"] |
| 41. | Register of designated employers |
| 42. | Assessment of compliance |
| 43. | Review by Director-General |
| 44. | Outcome of Director-General's review |
| 45. | Failure to comply with
Director-General's [
request or ] recommendation [...Title amended by Act
2013_047_017_20140116 by way of unmarked insertion] |
| Part B. Legal proceedings | |
| 46. | Conflict of proceedings |
| 47. | Consolidation of proceedings |
| 48. | Powers of commissioner in arbitration proceedings |
| 49. | Jurisdiction of Labour Court |
| 50. | Powers of Labour Court |
| Part C. Protection of employee rights | |
| 51. | Protection of employee rights |
| 52. | Procedure for disputes |
| CHAPTER VI. GENERAL PROVISIONS | |
| 53. | State contracts |
| 54. | Codes of good practice |
| 55. | Regulations |
| 56. | Delegations |
| 57. | Temporary employment services |
| 58. | Designation of organs of state |
| 59. | Breach of confidentiality |
| 60. | Liability of employers |
| 61. | Obstruction, undue influence and fraud |
| 62. | This Act binds State |
| 63. | Application of Act when in conflict with other laws |
| 64. | Repeal of laws and transitional arrangements |
| 64A. | ... [...inserted by Act 2013_047_026_20140116] [... repealed by Act 2022_004_013_20230414 - was entitled "Amendment of annual turnover thresholds in Schedule 4"] |
| 65. | Short title and commencement |
| Sch. 1. | SCHEDULE 1. MAXIMUM PERMISSIBLE FINES THAT MAY BE IMPOSED FOR CONTRAVENING THIS ACT [s37, s20, s21, s50] |
| Sch. 2. | SCHEDULE 2. LAWS REPEALED [s1; s64; s65] |
| Sch. 3. | SCHEDULE 3. TRANSITIONAL ARRANGEMENTS [s0]** |
| Sch. 4. | ... [s1, s64A] [... repealed by Act 2022_004_014_20230414 - was entitled "SCHEDULE 4. TURNOVER THRESHOLD APPLICABLE TO DESIGNATED EMPLOYERS"] |
Legislation Text Access Point
| Versions [To check whether a version has commenced, and how it was commenced, please see the Timeline for the Act, and the Annotated Text for the version.] |
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| As unamended Act 1998_055_000_19981019 | EXT.LINK | REQ.INFO | LINK |
| As amended by Act 2002_065_000_20030213 . | N/A | REQ.INFO | LINK |
| As amended by Act 2002_068_000_20030206 . | N/A | REQ.INFO | LINK |
| As amended by Act 2003_052_000_20040130 . | N/A | REQ.INFO | LINK |
| As amended by Act 2013_047_000_20140116 . | N/A | REQ.INFO | LINK |
| As amended by Act 2022_004_000_20230414 . | N/A | REQ.INFO | LINK |
| As amended by ... | N/A | REQ.INFO | LINK |
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