Better safe than sorry!
Are you ready for an inspection by the Labour Department in terms of your Employment Equity compliance? The 19th report of the Commission on Employment Equity entitled: “Transformation makes business sense” reflects the increase in employment equity reporting especially in the private sector. Part of the increase in number is attributed to the increase in Labour department inspections regarding implementation of affirmative action through an employment equity plan. The Labour Department has a target of at least 200 000 inspections per year to ensure compliance with the Employment Equity Act. The notice of inspection usually starts with a courtesy call followed by a letter detailing the name of the inspector, the date and time of the inspection. The designated employer will be requested to ensure the following information is available for inspection:
- Proof that the responsibility for EE is assigned to one or more senior manager(s) as required by section 24 of the Employment Equity Act through a Letter of assignment
- Proof of consultation with employees as required by section 16 read with section 17 of the Employment Equity Act, this is proved by providing Copies of minutes of the last Three EE Consultative forum Meetings; copies of the agenda of minutes; signed attendance registers.
- Proof of analysis conducted as required by section 19 of the Employment Equity Act
- Copy of Employment Equity Plan as required by section 20 of the Employment Equity
- Proof of the publication of your reports as required by section 22 (applicable to public companies)
- Proof of keeping of records as required by section 26 of the Employment Equity Act.
- Attendance of stakeholders such as your Trade Union/ Shop Stewards, EE Committee Members as well as the CEO (if possible) at the inspection, if possible.