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of Employment Equity Resource Kit

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									Employment Equity Resource Kit                                                                                                                                  Page 1 of 6




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  Employment Equity Resource Kit
  ‘Mechanical compliance with the prescribed processes is not genuine compliance with the letter and spirit of the EEA. Compliance is not an end in itself. The employer must systematically develop the
  disadvantage. Disadvantage of all kinds is targeted by the EEA. Contrary to the submission for the respondent by employing exclusively black people and mainly women in low skilled jobs at low
  more, redress race, gender, sex or economic discrimination. Non-racialism is a façade if economic and other forms of exploitation persist. Equity is about creating jobs of quality that inspire the
  of the workforce and thereby, economic growth.’

  Director-General, Department of Labour v Win-Cool Enterprise (Pty) Ltd Labour Court D731/05 16 April 2007 Pillay D, J




  This CD ROM contains the following information:­



        1.   2_Free_20_minute_Employment_Equity_awareness_videos_“Getting_Employment_Equity_Working_for_You”_&_‘’Understanding_Diversity’’_ideal_for_employee_training_a
        2.   100_page_template_for_a_comprehensive_Employment_Equity_Plan_
        3.   Employment_Equity_templates_for_EE_Committees,_EE_Constitution_&_Dispute_Resolution
        4.   Department_of_Labour_Assessment_Criteria
        5.   Key_EE_Labour_Court_decisions_on_Employment_Equity_as_at_1_October_2011
        6.   Comprehensive_Employment_Equity_Implementation_Manual_(400_pages)
        7.   Excel_spread_sheet_to_compile_workforce_profiles,_set_numerical_goals_&_targets,__&_determine__citizenship_status_
        8.   Economically_active_population_data_sources,_including_population_profiles_by_level_of_education_and_age
        9.   All_applicable_Employment_Equity_Legislation,_Regulations_&_Codes_of_Good_Practice




  2 Free 20 minute Employment Equity awareness videos ­ “Getting Employment Equity Working for You” & ‘’Understanding Diversity’’ ideal for employee training and awareness

  Commentary

  The two videos were produced by the Department of Labour to promote awareness on the Employment Equity Act. These videos also present ideal vehicles to run awareness session
  with your employees. The Employment Equity requires designated employers to conduct awareness sessions with employees and to report on such training in the employers Employ
  Form EEA2.

  We recommend that employers screen these videos in staff meetings. Please ensure that you retain attendance records of these awareness sessions for subsequent reporting purpos

  The video will play in Windows Media Player. Note you may need to boost the sound quality using external speakers during the training sessions.

        • Open Video

        • Suggested Attendance Register for awareness sessions

  Interview with Khanyisile Kweyama

  We have also included the interview with the Khanyisile Kweyama from the Commission for Employment Equity discussing the 10th CEE Annual Report for 2009 ­ 2010.

        • To view this interview, click here



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  100 page template for a comprehensive Employment Equity Plan
  The Employment Equity Act sets out in sections 20 and 23 the requirements for an employer's Employment Equity Plan.

  20. Employment equity plan

  (1)        A designated employer must prepare and implement an employment equity plan which will achieve reasonable progress towards employment equity in that

  (2)        An employment equity plan prepared in terms of subsection (1) must state­

  (a)        the objectives to be achieved for each year of the plan;

  (b)        the affirmative action measures to be implemented as required by section 15 (2);

  (c) where underrepresentation of people from designated groups has been identified by the analysis, the numerical goals4 to achieve the equitable representation of suitably
  designated groups within each occupational category and level in the workforce, the timetable within which this is to be achieved, and the strategies intended to achieve those goals

  (d)        the timetable for each year of the plan for the achievement of goals and objectives other than numerical goals;
Employment Equity Resource Kit                                                                                                                             Page 2 of 6



  (e)      the duration of the plan, which may not be shorter than one year or longer than five years;

  (f)      the procedures that will be used to monitor and evaluate the implementation of the plan and whether reasonable progress is being made towards implementing employment

  (g)      the internal procedures to resolve any dispute about the interpretation or implementation of the plan;

  (h)      the persons in the workforce, including senior managers, responsible for monitoring and implementing the plan; and

  (i)      any other prescribed matter.

  23. Successive employment equity plans

  Before the end of the term of its current employment equity plan, a designated employer must prepare a subsequent employment equity plan.

  Department of Labour Audits

  When conducting its audits of an employer's compliance with the provisions of the Act, the Department of Labour will request information to be submitted in a particular manner. As
  Employment Equity Plan incorporates much of the content requested in DOL Audits.

        • To view a typical DOL Audit questionnaire, click here

  Labour Court

  The Labour Court has also developed its own indicators it will use when determining an employer's compliance with the provisions of the Act. These indicators have
  Employment Equity Plan Template

  Director­General, Department of Labour v Win­Cool Enterprise (Pty) Ltd Labour Court D731/05 16 April 2007 Pillay D, J

  “As far as the amount of the fine for non­compliance was concerned, the court stated that the purposes of the penalty were deterrence and prevention: the amount of the penalty has to
  commercial sense for employers to comply than to risk a penalty. Factors to consider were:

        • the purpose of the EEA;

        • the extent of the contravention;

        • the period the contravention has endured;

        • the reason for not complying;

        • the maximum fine prescribed;

        • any relevant considerations relating to the respondent.

        • the willingness and intention of the employer to comply, its attitude and conduct;

        • any loss or damage suffered by the workforce or the DOL as a result of the contravention;

        • any profit derived from the contravention;

        • the extent to which the employer complies with all other laws and agreements that regulate employment;

        • the investment of time, money and other resources that the employer makes in the development of the workforce;

        • the effect of the penalty on employment;

        • the nature and size of the employer;

        • the industry in which the employer operates;

        • the area in which the employer is located; and

        • the deterrent effect of the penalty.

        • All the criteria have to be considered cumulatively. “

        • To read this Labour Court decision, click here

  Template for Employment Equity Plan

        • To view the Employment Equity Plan, click here

  Our view is that the Employment Equity Plan should be as detailed as possible and should reflect the full extent of the employer's efforts to address employment equity in the



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  Employment Equity templates for EE Committees, EE Constitution & Dispute Resolution

  Included in the CD­ROM is a suggested Manual for retaining all employment equity related material (other than any information stored in personnel files e.g. EEA1 Forms). Use these
  customised Manual for the Employment Equity Committee and/or Employment Equity Manager

   Section 1                 Contents
   1.1                       Employment Equity Policy
   1.2                       Employment Equity Plan (Draft)

   Section 2                 Employment Equity Committee
   2.1                       Terms of Reference of Employment Equity Committee
Employment Equity Resource Kit                                                                                                                 Page 3 of 6



   2.2                      Committee Member Nomination Forms
   2.3                      Committee Member Profiles
   2.4                      Contacting an Employment Equity Committee Member

   Section 3                Employee Equity Reports Forms EEA2 and EEA4
   3.1                      Form EEA2 2010 /11
   3.2                      Form EEA4 2010 / 11
                            etc

   Section 4                Codes of Good Practice on Employment Equity
   4.1                      Code of Good Practice on Implementing Employment Equity
   4.2                      Code of Good Practice: Human Resources
   4.3                      Code of Good Practice: Disability
   4.4                      Code of Good Practice: Sexual Harassment
   4.5                      Code of Good Practice: HIV / AIDS

   Section 5                Employment Equity Training Materials
   5.1                      Department of Labour Presentation
   5.2                      Employment Equity Workbook
   5.3                      Checklists for assessing barriers and adverse impact on designated
                            groups

   Section 6                Minutes of Employment Equity Committee
   6.1                      Attendance register for Committee Meetings
   6.2                      Agenda for Committee Meetings
   6.3                      Minutes of Committee Meetings
   6.4                      Report Back on Committee Meetings

   Section 7                Sector Charter and Scorecard
   7.1                      Insert sector charter and scorecard

        • To view the Manual content, click here



  Appointment of Employment Equity Manager

  We have also included a template for the appointment and performance management of the designated Employment Equity Manager.

        • To view the suggested performance agreement, click here

  We have also included two further policies to guide you in implementing employment equity in the workplace

        • Template for an Employment Equity Policy
        • Template for an Equality Policy




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  Department of Labour Assessment Criteria
  Department of Labour Audits

  When conducting its audits of an employer's compliance with the provisions of the Act, the Department of Labour will request information to be submitted in a particular manner. As
  Employment Equity Plan incorporates much of the content requested in DOL Audits.

        • To view a typical DOL Audit questionnaire, click here



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  Key EE Labour Court decisions on Employment Equity as at 1 October 2011
        • Director­General, Department of Labour v Win­Cool Enterprise (Pty) Ltd Labour Court D731/05 16 April 2007 Pillay D, J

        • Summary of Key Labour Court decisions (PPT)



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  Comprehensive Employment Equity Implementation Manual (400 pages)

  Contents

  1                Introduction to the Employment Equity Act

  2                Myths and Perceptions

  3                Guide to Employment Equity Terminology
Employment Equity Resource Kit                                                                                                                     Page 4 of 6



  4                Employment Equity Manager

  5                Communication

  6                Consultation

  7                Employment Systems Review Introduction

  7.1              Employment Systems Review Annexure

  8                Employment Systems Review

  9                Workforce Survey

  10               Workforce Profile

  11               Compiling the Employment Equity Plan

  12               Completing the Employment Equity Report

  13               Annexures

  13.1             The Employment Equity Act

  13.2             Proclamations and Regulations

  13.3             Forms

  13.4             Demographic data

  13.5             Code of Good Practice

  13.6             Department of Labour Speeches, Guidelines and Information Documents

  13.7             Department of Labour PowerPoint Presentation

  13.8             International Legal Instruments

  13.9             Code of Good Practice on the Integration of Employment Equity

  13.10            Amendment - Employment Equity Regulation 18 August 2006

  13.11            Amendment - Employment Equity Regulation June 2009

  14               Case Law

  15               Fact Sheets

  16               Best Practices

  17               Useful Definitions

        • To open the Manual folder, click here


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  Excel spread sheet to compile workforce profiles, set numerical goals & targets, & determine citizenship status

        • Excel spreadsheet to determine gender, age, citizenship status and validity of Identity Number



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  Economically active population data sources, including population profiles by level of education and age
  Included in the CD­ROM is an extensive source of population data, some of which has been summarised into a PowerPoint presentation to demonstrate how these data sources may

  To view the PowerPoint presentation click here. It will be clear from this presentation that the Economically Active Population profile, when viewed holistically and
  inadequate indicator of available or relevant labour supply.

  Additional articles on the Workinfo.com website which explore this topic are listed below:

        •   Commission for Employment Equity Annual Report 2011
        •   Oliphant laments slow pace of workplace equity
        •   World report on disability (June 2011)
        •   Empirically based Workforce Planning
        •   National and Regional Economically Active Population Profiles (Census 2001)
        •   Public Debate(?) on National and Regional Economically Active Population
        •   Govt withdraws special policy for Zimbabweans ­ questions every South African employer should ask themselves?
        •   What Economically Active Profiles (EAP) are appropriate for your organisation?
        •   Moving from pure regulatory compliance to a culture of voluntary moral compliance by Gary Watkins
        •   10th annual report of the Employment Equity Commission
        •   Skilled human resource key to economic growth
        •   World of Work 2010 ­ Snapshot of South Africa 2010
        •   Report on Dropout and Learner Retention Strategy, June 2011
        •   Annual National Learner Assessments, June 2011

  Data Sources: Higher Education Management Information System (HEMIS)

  These data sources provide amongst others, graduation data by race and gender by Higher Education Institution by qualification. Using this data source, one may determine for exam
  Accounting or Engineering graduates by race and gender. The HEMIS database for the preceding year is released in November of the following year.

                     1987                            HEMIS
Employment Equity Resource Kit                                                                                                                      Page 5 of 6



                     1988                       HEMIS
                     1989                       HEMIS
                     1990                       HEMIS
                     1991                       HEMIS
                     1992                       HEMIS
                     1993                       HEMIS
                     1994                       HEMIS
                     1995                       HEMIS
                     1996                       HEMIS
                     1997                       HEMIS
                     1998                       HEMIS
                     1999                       HEMIS
                     2000                       HEMIS
                     2001                       HEMIS
                     2002                       HEMIS
                     2003                       HEMIS
                     2004                       HEMIS
                     2005                       HEMIS
                     2006                       HEMIS
                     2007                       HEMIS
                     2008                       HEMIS
                     2009                       HEMIS

  Department of Education Statistics

  Each year the DoE releases an annual report on the state of both school and higher education. These sources provide a usual overview of the number of matriculants and

        • To view the various annual reports, click here
        • Human Resource Development Strategy for South Africa (2010 ­ 2030)

  Artisan Trades

        • To view the DoL report (March 2008) on the state of the artisan professions, click here (PDF)
        • To view the listing of occupations for which artisan qualifications are required, click here. This Gazetted Notice is open for public comment until 30 December 2011

  Stats SA Statistical Releases

        •   Census 2001 ­ Age Groups by Province
        •   Census 2001 ­ Disability by Province
        •   Census 2001 ­ Level of Education by Province
        •   Census 2001 ­ Occupation by Province

  Stats SA Household Survey 2010 (including population groups by age and level of education)

        • Stats SA General Household Survey 2010 (published 3 August 2011)
        • To view the relevant data extracts in Excel, click here

  Stats SA Quarterly Labour Force Surveys

        •   Quarter 1, 2009
        •   Quarter 3, 2009
        •   Quarter 4, 2009
        •   Quarter 2, 2010
        •   Quarter 2, 2011

  Quarter 3, 2011 (not yet released)

  Human Sciences Research Council

  The HSRC has published todate two invaluable publications which can assist organisations in determining labour supply and demand especially in scarce and critical skills

        • The 2008 Human Resource Development Review
        • 2003 Human Resource Development Review (this publication is divided into 28 Chapters)
        • Managing HIV in the Workplace (HSRC)

  Commission for Employment Equity Annual Reports

  To view the annual CEE Reports from 2004 until 2010, click here



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  All applicable Employment Equity Legislation, Regulations & Codes of Good Practice

        •   Bill of Rights
        •   Employment Equity Act
        •   Statutory Employment Equity Act Summary for display in the workplace
        •   General Administrative Regulations, 2009
        •   Code of Good Practice on Employment Equity Plans
        •   Code of Good Practice on the Key Aspects of HIV and AIDS and Employment
        •   Technical Assistance Guidelines HIV and Aids and Employment
        •   Code of Good Practice on Key Aspects on the Employment of People with Disabilities
        •   Technical Assistance Guidelines on the employment of People with Disabilities
        •   Code of Good Practice on the Handling of Sexual Harassment
Employment Equity Resource Kit                                                                 Page 6 of 6



        •   Code of Good Practice on integration of EE into HR
        •   Amended Act ­ Basic Conditions of Employment
        •   Amended Labour Relations Act
        •   Immigration Act
        •   Form EEA1
        •   Form EEA2
        •   Form EEA4

  External Sources: Department of Labour


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