Members of the Global team in Cape Town recently attended an EE awareness workshop facilitated by the Department of Labour.
The same workshop will be held in Pretoria on the 22nd September and in Johannesburg on the 23rd September should anyone be interested to attend in this region.
WORKSHOP OBJECTIVES
1. Publicise & get public comment on the draft revised Code of Good Practice on HIV/AIDS in employment.
2. Encourage employers to submit their EE reports online
1. CODE OF GOOD PRACTICE ON HIV/AIDS IN THE WORKPLACE
• See below link for a copy of the draft revised Code for public comment issued on the 8th September (comments due by 7 October 2011)
http://www.labour.gov.za/downloads/legislation/regulations/employment-equity/hivcode.pdf/view?searchterm=hiv
• Revised Code informed by ILO 200 Recommendation
• Title change to = Code of Good Practice on HIV and AIDS in the world of work (broadening the scope)
• Previously 16x sections, now collapsed to 8x broad sections:
o Introduction
o Scope
o Key Principles
o Legal Framework
o Promoting a non-discriminatory work environment
o Promoting a safe and healthy work
o Management of HIV & AIDS in the workplace
o Monitoring & Evaluation
• There is now extended coverage under sections 1 & 2 which includes volunteers; laid-off staff (retrenched staff), job applicants –
these were previously not defined in the Code
2. EMPLOYMENT EQUITY REPORTING
• Manual submissions due = 3 October 2011
• On-line submissions due = 16 January 2011
• Any employer who has previously submitted a report will automatically be registered on the on-line system; username & password
details can be requested from the DoL by either calling 0860 101018 or by following the prompts on the portal and clicking on ‘forgot
password’.
• Login details will only be forwarded to the CEO & EE Manager (details captured as per last submission)
• portal www.labour.gov.za / online services / EE online
• Employers are required to complete the workforce profile for both the EEA2 & EEA4 forms as the EEA4 form (Income Differentials) looks
at income over a period of 24 months and the EEA2 form looks at workforce profile as at date of completion – stats cannot be fed
through from one form to the other.
• There was a debate around which EAP tables to use when setting targets in EE Plans. As the proposed changes to the Act is still being
discussed / negotiated the EEA of 1998 applies which states that employers are required to consider BOTH the national & regional EAP
tables.
The Act encourages an analysis which considers both these tables in order for the country to move in terms of achieving
representation. Employers are reminded that where over / under representivity exists an analysis / comparison should be drawn up
using both tables and consultation should follow on both.
• Currently in the WC (and nationally) JSE listed companies are being targeted in terms of DG reviews and compliance and the focus is
still very much on procedural issues and documentation. It is the departments’ intention to move further along by assisting employers
in achieving their objectives & targets as oppose to merely fining them for non-compliance. In the 1st quarter in the WC only 30%
compliance was achieved in terms of documentation.
• Currently only 4x provincial inspectors in WC