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Employment Equity Amendment Bill & Regulations proposes sector target s to help employers transform workplaces - Department of Labour

 

The employment equity (EE) Amendment Bill &Regulations is proposing the establishment of sectoral targets to enable employers to transform workplaces.

 

Deputy Director of Department of Labour Employment Equity (EE) Directorate, Masilo Lefika said the EE amendments & Regulations have proposed the establishment of 18 sectors as per the classification published by Statistics South Africa.

 

Lefika said a notice on the proposed sector targets will soon be published in the Government Gazette for public comment. He said while the sector targets would be in place, the use of the national economic active population (EAP) as an instrument to gauge will also remain in place.

 

He was speaking today (October 9) during the national public hearings on the amendments to EE Act and the EE Regulations held at the Golden Horse Casino Hotel in Pietermaritzburg. Lefika further said that the sector targets would also be extended to occupational levels.

 

The Department of Labour has published the Employment Equity Amendment Bill and the Draft Employment Equity Regulations in the Government Gazette in response to the slow pace of transformation in the workplaces. The Department is using the public hearings to gather comments to the EE amendments.

 

Held under the theme: “Real transformation makes business sense” – the public hearings focus on EE reporting advocacy and the amendments to EE legislation and Regulations, designed to fast-track the transformation of workplaces.

 

The key objectives of the EE amendments are:

  • Introduction of provisions and regulatory requirements for the promulgation of Section 53 to ensure employers financially benefiting from State contracts comply with the EE Act.

  • To bring alignment between definitions, policy provisions and the administration systems and enhancing on the collection of data for the National Minimum Wage Commission,

  • Introduction of provisions in the EE Amendment Bill and regulations for the consultation and setting of numer ically based sector targets across various occupational levels to ensure an equitably represented workforce,

  • To make reporting requirements easier for designated employers who are small employers

 

Lefika said: “Section 53 has for a long time been a sleeping tiger and now it has awakened”.

 

Another session on EE amendments & Regulations will be held tomorrow (October 10) at the Olive Convention Centre in Durban.

 

The public hearings on Employment Equity amendments & Regulations started on 02 October in East London. Since then public hearings have been held in east London, Port Elizabeth and Cape Town.

 

The public hearings are open to employers or heads of organisations, academics, assigned senior managers, consultative EE forum members, human resource practitioners, trade unions representatives and employees

 

The EE public hearings are be held from 08:30 to 14:00. The public hearings end on 26 October 2018 in Johannesburg, Gauteng Province.

 

NB: The EE 2018 Online reporting season is now open. The online EE reporting closes on 15 January 2019.

 

Media Release: The Department of Labour: 09 October 2018

 

 

 

 

 

 

 

What does POPI compliance mean?

By Jan du Toit

 

Latest developments – Registration of Information Officers:

 

On 17 May 2021 the Information Regulator’s long awaited online portal went live for the registration of Information and Deputy Information Officers.

 

The Information Officer of a Responsible Party is the person at the head of your company (CEO or MD) or any person acting in such capacity, or specifically appointed by the MD or CEO to be the Information Officer. Registration must be completed before the end for June 2021.

 

The address for the portal is  https://justice.gov.za/inforeg/portal.html   

 

The following information is required to successfully register: 

  • Company name.

  • Company registration number.

  • Company type.

  • Company physical and postal addresses.

  • Company telephone and fax numbers.

  • Information Officer gender, nationality, full name and surname, ID or passport number.

  • Deputy Information Officers same details as per above.

 

POPIA Compliance – what must be done?

With a little more than a month left before POPI becomes fully effective, many employers may find themselves out of time to become fully compliant to amongst other considerations, the 8 processing conditions prescribed in the Protection of Personal Information Act.

 

To be considered compliant the following must be considered and applied in the business of a Responsible Party before 1 July 2021. 

  1. POPI training / awareness sessions for the CEO / MD, managers and others tasked with the company’s POPI compliance project. Have a look on our website for the next POPIA training dates.

  2. Compliance audit to be conducted company-wide per department / division to determine the current processing practices within the organization and to establish what needs to be done to be compliant.

  3. Correction of contraventions as identified, and to introduce reasonable technical and organizational measures to prevent the loss or unauthorized access of Personal Information.

  4. Introduction of Data Subject rights and consent in the business through policies and consent clauses / paragraphs / contracts.

  5. The introduction of a PAIA manual (Promotion of Access to Information Act) that incorporates data subject rights and participation in terms of POPIA. This manual must be published on one of the company’s websites. It is also important to note that the current exemption granted by the Minister of Justice for some business to not have such a manual in place currently, expires at the end of June 2021.

  6. General staff POPI policy and legislation awareness training.

  7. Registration of the company’s Information Officer (the CEO, MD or any person acting in such position).

  8. Follow-up assessment on compliance measures and adherence thereto.

 

It is important to note that no institution, not even the Information Regulator, can “accredit” any Responsible Party in South Africa to be compliant in terms of legislation. Compliance (or otherwise) will only be determined should an investigation be launched by the Information Regulator following a complaint. Should such an investigation confirm a lack of compliance, consequences such an administrative fine not exceeding R10m may follow (which one may luckily pay off in instalments). Further to this those whose rights are infringed upon by a Responsible Party not adhering to the requirements of POPIA, may also institute civil proceedings. Such  proceedings may result in compensation being awarded for loss, as well as aggravated damages determined at the discretion of the court.

 

In terms of section 19 of the Act, the Responsible Party (business owner / employer) is required to introduce reasonable organizational and technical measures to secure the integrity and confidentiality of Personal Information. The organizational measures referred  to above includes inter alia both internal and external policies to introduce the principle of protection of personal information in the workplace, as well as the rights of data subjects.

 

To allow you more time to focus on your business, the author of this article compiled a bundle of detailed policies for your business, ready to use. This includes all relevant forms to be used and a template document with draft consent clauses / paragraphs / rules  to be incorporated into service and employment contracts, job applications, credit and other applications forms, WhatsApp and Facebook groups / pages, and Independent Contractor agreements.

 

Also included is an Operator Agreement as required in terms of section 21 of the Act and a consent letter for existing clients / service providers, to agree to the continued processing of their Personal Information beyond June 2021.

 

The policies bundle includes: 

  • Privacy notice template to be published on your website.

  • Personal information protection policy.

  • Personal information retention policy.

  • Data breach policy.

  • Data breach register - form.

  • Data breach report - form.

  • Data security policy.

  • Data subject access request policy and procedures.

  • Data subject access request forms.

  • Processing agreement with third parties as Operators - contract.

  • Data subject participation - draft consent paragraphs / clauses to be incorporated into service and employment contracts, job applications, credit and other applications forms, WhatsApp and Facebook groups / pages and Independent Contractor agreements

  • Guidelines on the appointment of deputy information officers, inclusive of appointment letter.

 

For only R3750 you can now order you set of POPI policies, ready to use. Contact Jan du Toit for further assistance at

 

 

 

 

 

 

 

 

Courses and Workshops

 

                   

 

POPIA: Protection of Personal Information Act

18 June 2021 (09:00 - 12:00) (Fully Booked)

Interactive Online Course

22 June 2021 (09:00 - 12:00) Fully Booked)

Interactive Online Course

22 June 2021 (13:00 - 16:00) (Fully Booked)

Interactive Online Course

23 June 2021 (09:00 - 12:00) (Fully Booked)

Interactive Online Course

23 June 2021 (13:00 - 16:00) (Fully Booked)

Interactive Online Course

29 June 2021 (09:00 - 12:00)

Interactive Online Course

COVID-19 Workplace Compliance Health, Safety and Claims Management Course

23 & 24 June 2021 (08:30 - 13:00)

Inter active Online Course

Basic Labour Relations

24 June 2021 (09:00 - 16:00) (Fully Booked)

Interactive Online Course

29 July 2021 (09:00 - 16:00)

Interactive Online Course

AARTO and the Impact on Your Business

25 June 2021 (09:00 - 12:00)

Interactive Online Course

Employment Equity Committee Training

02 July 2021 (09:00 - 16:00)

Interactive Online Course

Workshop Chairing Disciplinary Hearings

15 & 16 July 2021 (09:00 - 16:00)

Interactive Online Course

Compensation for Occupational Injuries and Diseases Course

16 July 2021 (09:00 - 12:00)

Interactive Online Course

Managing Poor Performance/ Incapacity

22 July 2021 (09:00 - 12:00)

Interactive Online Course

Management and Leadership Skills

28, 29 & 30 July 2021 (08:30 - 16:00)

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