The Employment Equity Amendment Bill, 2020 (‘‘the Bill’’), seeks to amend the Employment Equity Act, 1998 (Act No. 55 of 1998) (‘‘the Act’’). The amendments have the purpose of—
- empowering the Minister of Labour (‘‘the Minister’’) to determine sectoral
numerical targets for the purpose of ensuring the equitable representation of
suitably qualified people from designated groups (blacks, women and persons
with disabilities) at all occupational levels in the workforce; - enhancing the administration of the Act, including the implementation of
section 53 thereof, which provides for the issuing of a certificate by the
Minister confirming an employer’s compliance with Chapter II, or Chapters II
and III, of the Act, as the case may be, in relation to the conclusion of State
contracts; - removing the requirement for psychological testing and similar assessments
of employees to be certified by the Health Professions Council of South Africa
(‘‘the Council’’); and - removing a provision empowering non-designated employers to notify the
Director-General of the Department of Labour (‘‘the Director-General’’) that
they intend to voluntarily comply with Chapter III of the Act as if they were
a designated employer.
CLAUSE BY CLAUSE ANALYSIS
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