This contains UNCERTIFIED COPY for information/reference. For authentic copy, please refer to certified copy only.  In case of any mistake, please bring it to our notice.


LegalB's Resources for Africa
QUICK LINKS: ROOT DATABASE | OVERVIEW | VERSIONS  & TEXT ACCESS TIMELINE | SUBORDINATE TEXTS | COMMENTARY | POTENTIAL TRANSGRESSOR LISTS | TEST FOR TRANSGRESSIONS | EMAIL A REQUEST FOR UPDATES | HELP | CONTACT US | SEARCH SITE | LOG OUT |

South Africa
NATIONAL LEGISLATION OVERVIEWS
LegalB Logo
Employment Equity Act, No. 55 of 1998

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.  Voluntary compliance with this Chapter
15.  Affirmative action measures
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repealed by Act 2013_047_015_20140116 - was entitled "Objections against compliance order"]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repealed by Act 2013_047_015_20140116 - was entitled "Appeal from compliance order"]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. Amendment of annual turnover thresholds in Schedule 4 [...inserted by Act2013_047_026_20140116]
65. Short title and commencement
Sch. 1. SCHEDULE 1. MAXIMUM PERMISSIBLE FINES THAT MAY BE IMPOSED FOR CONTRAVENING THIS ACT [s]
Sch. 2. SCHEDULE 2. LAWS REPEALED [s]
Sch. 3. SCHEDULE 3. TRANSITIONAL ARRANGEMENTS [s]
Sch. 4. SCHEDULE 4. TURNOVER THRESHOLD APPLICABLE TO DESIGNATED EMPLOYERS [s]

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.]
Access Official Gazette PDF  Request Subscription Fee Subscriber Access
As unamended Act 1998_055_000_19981029 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 ...N/A REQ.INFO LINK

* LegalB refers to a "version" of an Act or its sections in the format 
"YYYY_NNN_SSS_YYYYMMDD", which refers to "YEAR OF ACT_ACT NUMBER_SECTION OF ACT_DATE OF GAZETTE", and where "DATE OF GAZETTE" refers to the "YEAR_MONTH_DAY" on the face of the Gazette in which either the Act was originally published or in which the amending, lapsing or repealing instrument was published. Where any segment of the reference string contains only zeros, it means that information is not relevant, not made available, or unavailable.
* Unbolded grey text in square brackets is additional information provided by LegalB.
* "..." indicates further information not provided by LegalB for purpose of brevity
* An Asterisk indicates uncertainty regarding information, and a double asterisk indicates information must be read in the light of our relevant Commentary.
TOP

Copyright Rita V. Felgate 2018