Act No. 47 of 2013

Act No. 47 of 2013 » Employment Equity Amendment Act, 2013

Title	Act No. 47 of 2013 » Employment Equity Amendment Act, 2013
Department	Parliament of the Republic of SA
Gazette	National Gazettes, No. 37238 of 16 January, 2014, 23 page(s), 172Kb
Act	Act No. 47 of 2013

2     No. 37238                         GOVERNMENT GAZETTE, 16 January 2014
                         Act No. 47 of 2013                        Employment Equity Amendment Act, 2013

GENERAL EXPLANATORY NOTE:

[]Words in bold type in square brackets indicate omissions from
                                            existing enactments.
                                            Words underlined with a solid line indicate insertions in
                                            existing enactments.

(English text signed by the President)
                                                (Assented to 14 January 2014)

ACT

To amend the Employment Equity Act, 1998, so as to substitute or amend certain
                         deﬁnitions; to further regulate the prohibition of unfair discrimination against
                         employees; to further regulate the certiﬁcation of psychometric testing used to
                         assess employees; to provide for the referral of certain disputes for arbitration to
                         the Commission for Conciliation, Mediation and Arbitration; to make further
                         provision regarding the evidentiary burden of proof in allegations of unfair
                         discrimination; to further regulate the preparation and implementation of
                         employment equity plans and the submission of reports by designated employers to
                         the Director-General; to further regulate undertakings by designated employers to
                         comply with requests by labour inspectors; to further regulate the issuing of
                         compliance orders; to provide afresh for the assessment of compliance by
                         designated employers with employment equity and the failure of those employers
                         to comply with requests and recommendations made by the Director-General; to
                         extend the powers of commissioners in arbitration proceedings; to provide for that
                         ﬁnes payable in terms of the Act must be paid into the National Revenue Fund; to
                         extend the Minister’s power to issue a code of good practice and to delegate certain
                         powers; to increase and provide for the increase by the Minister of certain ﬁnes
                         which may be imposed under the Act; and to amend and to provide for the
                         amendment by the Minister of annual turnover thresholds applicable to designated
                         employers; and to provide for matters connected therewith.

B  E IT ENACTED by the Parliament of the Republic of South Africa, as follows:—

Amendment of section 1 of Act 55 of 1998, as amended by section 40 of Act 65 of
                         2002, section 26 of Act 68 of 2002 and section 25 of Act 52 of 2003

1. Section 1 of the Employment Equity Act, 1998 (hereinafter referred to as the  5
                         principal Act), is hereby amended—
                             (a) by the substitution in the deﬁnition of ‘‘designated employer’’ for paragraph
                                 (d) of the following paragraph:
                                     ‘‘(d) an organ of state as deﬁned in section 239 of the Constitution, but
                                         excluding [local spheres of government,] the National Defence 10

Related / Employment Equity Amendment Act, 2013 No. 47 of 2013

Dated	Title	Pages	Days
2014/07/25	President of the Republic of South Africa
●	Employment Equity Amendment Act, 2013 » Commencement, Proclamation No. 50	2	<999

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Act No. 47 of 2013

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