NOTICE 1358 OF 2005






Code of Good Practice on the Integration of Employment Equity into Human Resource Policies and Practices.


Notice is hereby given that the Code of Good Practice on the Integration of Employment Equity into Human Resource Policies and Practices set out in the schedule is issued by the Minister of Labour on the advice of the Commission for Employment Equity, in terms of section 54 (1) (a) of the Employment Equity Act, 1998 (Act No 55 of 1998).





  1. FOREWORD ……………………………………………………………………………………… 2
  2. OBJECTIVE …………………………………………………………………………………… 2
  3. SCOPE AND LEGAL PRINCIPLES ……………………………………… 2
  4. STRUCTURE OF THE CODE …………………………………………………… 3


  2. RECRUITMENT & SELECTION ……………………………………………… 10
  3. INDUCTION …………………………………………………………………………………… 15
  4. PROBATION …………………………………………………………………………………… 16


     ASSESSMENTS ……………………………………………………………………………… 18

PART B: DURING EMPLOYMENT ……………………………………………………… 20


  12. REMUNERATION ………………………………………………………………………… 21

  13. JOB ASSIGNMENTS …………………………………………………………………      23

  14. PERFORMANCE MANAGEMENT ……………………………………………… 24

  15. SKILLS DEVELOPMENT ………………………………………………………… 26

  16. PROMOTION AND TRANSFER ……………………………………………… 30


      INFORMATION …………………………………………………………………………… 31

  18. RETENTION ………………………………………………………………………………… 33

  18.1 SCOPE ………………………………………………………………………………………… 33

  18.2 IMPACT ON EMPLOYMENT EQUITY ……………………………… 33

  19. HARASSMENT ……………………………………………………………………………… 34


      RESOLUTION ……………………………………………………………………………… 35

PART C: ENDING EMPLOYMENT ……………………………………………………… 37

   21. TERMINATING EMPLOYMENT …………………………………………… 37

   22. EXIT INTERVIEWS ……………………………………………………………… 38




   The Employment Equity Act, 55 of 1998 ("the Act") imposes a duty on

   employers to eliminate unfair discrimination. It also provides a

   framework for the attraction, development, the advancement and

   retention of an employer’s human resource talent. Research has shown

   that employers can increase productivity, motivation and

   resourcefulness in the workplace when they invest in their people

   and treat them with fairness and equity. This is secured by 

   eliminating the historical barriers that prevent the advancement of  

   the designated groups (Black people including African, Coloured and

   Indian, Women and People with Disabilities). This ensures that

   positive or affirmative action measures are in place to expedite

   their growth and advancement.


   In the context of challenges of a compounded diverse global economy

   and Constraints around infrastructure, skills, poverty, unemployment

   and service delivery, employers are increasingly aware that having

   racial, gender and disability diversity is key to business growth

   and development. Sustaining this growth requires ongoing commitment

   toward eliminating barriers, including skills development, in its

   general and specific forms.  Some of the main challenges for

   employers include; attracting, managing, developing and retaining

   talent in the workforce through effective human resource management.

   In this context, the implementation of effective employment

   equity strategies will assist employers to maximize human resource

   development through the eliminating unfair discrimination and

   barriers and by promoting affirmative action. This Code provides

   guidelines to assist employers in implementing these initiatives.




   2.1. The objective of this Code is to provide guidelines on the

        elimination of unfair discrimination and the implementation of

        affirmative action measures in the context of key human

        resource areas, as provided for in the Act. This Code is not

        intended to be a comprehensive human resources Code, but rather

        an identification of areas of human resources that are

        key to employment equity and can be used to advance equity



   2.2. The guidelines in the Code will enable employers to ensure that

        their human resource policies and practices are based on non-

        discrimination and reflect employment equity principles at the

        commencement of employment, during employment and when

        terminating employment.




   3.1. This Code is issued in terms of section 54 of the Employment

        Equity Act and must be read in conjunction with the Act and

        other Codes issued in terms of the Act1.


   3.2. The Code should also be read in conjunction with the  

        Constitution of South Africa and all relevant legislation,

        including the following:


        3.2.1. the Labour Relations Act, 66 of 1995 as amended;


1 Code of Good Practice on the Handling of Sexual Harassment Cases; Code of Good Practice on the Preparation, Implementation and Monitoring of Employment Equity Plans; Code of Good Practice on the Employment of People with Disabilities and Code of Good Practice on Key Aspects of HIV/AIDS and Employment.


        3.2.2. the Basic Conditions of Employment Act, 75 of 1997 as



        3.2.3. the Skills Development Act, 97 of 1998;


        3.2.4. the Skills Development Levies Act, 9 of 1999; and


        3.2.5. the Promotion of Equality and Prevention of Unfair

                Discrimination Act, 4 of 2000.


   3.3. This Code applies to all employers and employees covered by the



   3.4. This Code is intended to be a tool to aid employers to

        implement employment equity by providing principles that should

        be incorporated into employment equity plans and that guide

        policies and practices. This Code is also intended to provide

        guidelines to employers to consider and apply as appropriate to

        their circumstances.




   4.1. The structure of this Code mirrors the life cycle of an

        employee in employment. It deals with possible barriers and

        unfair discrimination that could occur at each phase, including

        commencing employment, during employment and on termination of

        employment. It also describes affirmative action measures that

        could be used at each phase to advance the objectives of the



   4.2. Each topic focuses on the following areas:


        4.2.1. Scope. This section provides a brief definition of the

               topic in the context of the employment life cycle.


        4.2.2. Impact of employment equity. This section deals with

               non-discrimination principles and affirmative action

               measures that are relevant to the topic.


        4.2.3. Policy and practice matters. This section provides

               information about the policy and practice matters that

               could arise, and makes suggestions regarding their



        4.2.4. Link with other areas. This section identifies cross-

               references to other key topics as well as other relevant

               Codes and legislation dealt with in the Codes.




   5.1. SCOPE


        5.1.1. Implementing employment equity involves two key



      Eliminating unfair discrimination in human

                        resource policies and practices in the

                        workplace; and


    Designing and implementing affirmative

                        action measures to achieve equitable

                        representation of designated groups in

                        all occupational categories and levels in

                        the workplace.


   5.1.2 This section provides a general outline of these

         areas and the different conceptual and

         methodological approaches used to deal with them

         in the workplace.




      Eliminating unfair discrimination


    5.2.1 Section 6 of the Employment Equity Act prohibits unfair 

          discrimination2 against employees or job applicants on

          one or more grounds of personal or physical

          characteristics like race, gender, sex, pregnancy,

          marital status, family responsibility, ethnic or social

          origin, colour, sexual orientation, age, disability,

          religion, HIV status, conscience, belief, political

          opinion, culture, language and birth. These

          “prohibited” or other arbitrary grounds cannot be taken

          into account in employment decision-making. However, it

          is fair for them to be taken into account where they

          are relevant to either affirmative action measures or

          the inherent requirements of a job.


    5.2.2 The Act prohibits both direct and indirect unfair

          discrimination. Direct unfair discrimination is easy to

          identify in the workplace because it makes a direct

          distinction on the basis of one or more of the

          prohibited grounds. Indirect unfair discrimination

          (often called adverse impact or systemic

          discrimination) on the other hand, is more difficult to

          recognize. Indirect unfair discrimination occurs when a

          policy and practice appears to be neutral but has a

          discriminatory effect or outcome for a particular group

          of employees and cannot be justified. The employer’s

          motive and intent is generally considered to be

          irrelevant in determining whether unfair discrimination

          has occurred. In certain circumstances, the refusal to

          make reasonable accommodation of an employee’s needs

          and circumstances, where this can be done without undue

          hardship to the employer, can constitute unfair



    5.2.3 Equality can involve a formal notion of treating

          everyone who is in a similar position the same. This

          can perpetuate unfairness when those who hold similar

          positions e.g. all senior managers have different needs

          and circumstances that impact on their ability to

          perform effectively. The Constitution requires

          employers to move beyond formal equality to substantive

          equality by acknowledging the differences between

          employees and treating them differently on the basis of

          those differences. This is necessary to ensure that all

          employees are treated fairly. Equity therefore invokes

          the requirement of “fair” treatment in order to achieve

          substantive equality as an outcome in the workplace.

          Equal treatment and equal opportunity, like equality,

          subjects everyone to the same rules without

          distinction. Equity requires changing the rules so that

          their application is fair.


2 Unfair discrimination can take place by means of an action or an omission.


    5.2.4 Unfair discrimination is prohibited in the workplace.

          In order for employers to execute one of their primary

          responsibilities of eliminating all forms of unfair

          discrimination in the workplace, it is recommended that

          all employers should conduct an audit and analysis of

          all their employment policies and practices, as well as

          the working environment and facilities. The audit

          should identify whether any of the policies or

          practices applicable in the workplace contain any

          unfair discrimination or barriers to the recruitment,

          promotion, advancement and retention of members of

          designated groups. Once the actual or potential

          barriers are identified, an employer should consult

          about the strategies for eliminating these barriers.

          These strategies should be incorporated into the

          development and implementation of the Employment Equity

          Plan for that workplace. Regular monitoring in the

          workplace should occur to ensure that the unfair

          discriminatory policies or practices do not recur or

          manifest themselves in different ways.


Implementing affirmative action measures to achieve employment equity


    5.2.5 Removing barriers3 is only the first step towards

          ensuring fairness and equity in the workplace. In the

          context of historical disparities in South Africa, the

          Act requires employers, employees and representative

          trade unions to jointly develop strategies to advance

          designated groups by adopting appropriate affirmative

          action measures and incorporating them into formal

          Employment Equity Plans. Affirmative action measures

          are essentially remedial measures designed to achieve

          equity in employment as an outcome4.




    5.3.1 This section provides guidance in relation to the

          audit, analysis and consultation aspects of the

          employer’s obligations5.


    5.3.2 Under the Act every designated employer is required to

          undertake four processes when developing a strategy to

          implement employment equity. consulting with its employees and

             representative trade unions; auditing and analyzing all employment policies

             and practices in the workplace and developing

             a demographic profile of its workforce; preparing and implementing an employment

             equity plan; and reporting to the Department of Labour on

             progress made on the implementation of its

             employment equity plan.


3 A barrier exists where a policy and practice, which also includes procedures, guidelines or rules, or an aspect of it that limits the opportunities of employees.


4 This is covered in more detail in the Code of Good Practice on the Preparation, Implementation and Monitoring of Employment Equity Plans.


5 The planning and reporting processes are dealt wit in the Code of Good Practice on the Preparation, Implementation and Monitoring of Employment Equity Plans.


The policy and practice analysis


          5.3.3. Employers should develop realistic employment equity

                 plans that are workplace specific and capable of

                 measurement. This should be informed by conducting a

                 comprehensive audit and analysis of all existing and

                 potentially unfair discriminatory practices and



          5.3.4. The analysis of policies and practices as well as

                 other written documentation can be done through the

                 collection of the information, listing what is

                 applicable and identifying whether any documentation

                 reflects direct or indirect unfair discrimination or

                 barriers to the advancement of designated groups.


          5.3.5. Practices are generally the informal or unwritten

                 rules that prevail in the workplace and can be

                 analysed through a combination of employee attitudinal

                 surveys, individual interviews and focus groups to

                 establish perceptions of their impact on achieving

                 employment equity.


          5.3.6. The relevant questions to be posed in the analysis

                 would involve looking at whether the policy or

                 practice is:


        unfairly discriminatory;




        applied consistently to all employees; and


        compliant with legislation.


          5.3.7. An employer should formulate appropriate barrier

                 removal measures for each of the forms of unfair

                 discrimination identified in the audit of policies and

                 practices. These mechanisms would also be the subject

                 of consultation and should be incorporated into the

                 Employment Equity Plan of that employer. Appropriate

                 timeframes, strategies and responsibilities should be

                 allocated for each barrier removal measure.


          5.3.8. An employer should communicate the outcome of the

                 audit and analysis to employees in as transparent a

                 manner as possible. The method of communication will

                 depend on the culture of the employer; the frequency

                 and common terms of communication; and the role of the

                 Employment Equity Forum or other consultative 

                 structure.  The leadership of the employer should also

                 receive feedback to be able to provide strategic input

                 with regard to appropriate barrier removal.


Developing a workforce profile and setting numerical targets for equitable representivity


          5.3.9. A workforce profile is a snapshot of employee

                 distribution in the various occupational categories

                 and levels.  Under-representation refers to the

                 statistical disparity between the representation of

                 designated groups in the workplace compared to their

                 representation in the labour market. This may indicate

                 the likelihood of barriers in recruitment, promotion,

                 training and development.


         5.3.10. Collection of information for the workforce profile is

                 done through an employee survey.  It is preferable for

                 employees to identify themselves to enable the

                 employer to allocate them to a designated group. Only

                 in the absence of an employee's self-identification,

                 can an employer rely on existing or historical data to

                 determine the employee's designated group status.


         5.3.11. The workforce profile should indicate the extent to

                 which designated groups are under-represented in that

                 workforce in occupational categories and levels. This

                 should be compared to the Economically Active

                 Population at national, provincial or regional, or 

                 metropolitan economically active population or other

                  appropriate benchmarks. Employers should set

                  numerical targets for each occupational category and

                  level informed by under-representation in the

                  workforce profile and national demographics. The

                  extent of under-representation revealed by the

                  workforce profile represents the ideal goal reflected

                  as the percentage for each occupational category and

                  level for that workplace.


          5.3.12. Employers, employees and trade unions should

                  prioritise the least under-represented groups within

                  the workforce. For example, an employer in the

                  consultation process should focus more on the areas

                  where the most imbalances appeared during the audit

                  and analysis.


          5.3.13. Numerical targets will contribute to achieving a

                  critical mass of the excluded group in the workplace.

                  Their increased presence and participation will

                  contribute to the transformation of the workplace

                  culture and to be more affirming of diversity.

                  Employers are required to make reasonable progress

                  towards achieving numerical targets to achieve

                  equitable representation. This means that an employer

                  should track and monitor progress on a regular basis

                  and update its profile continuously to reflect

                  demographic changes.


          5.3.14. Consultation


                  The success of employment equity depends largely on

                  the efficacy of the consultation process. Employers,

                  employees and trade unions must be willing to play a

                  constructive role in the consultation process.

                  Regular and meaningful consultation will contribute

                  to a joint commitment to workplace transformation. It

                  may also foster workplace democracy and productivity.

                  Consultation will ensure that realistic employment

                  equity plans are prepared which address the training 

                  and development of designated groups and the

                  adaptation of the workplace to affirm difference.

                  The involvement of trade unions in the consultation

                  process is not enough. Employers must also consult

                  with employees from across all occupational

                  categories and levels.


          5.3.15. It is essential to ensure that whatever form

                  consultation takes, it does not undermine existing

                  collective bargaining processes or existing



          5.3.16. Transformation committees or other structures that

                  already exist, which bring together employees and

                  management, may need to be adopted in order to serve

                  the consultation purposes of the Act. Necessary

                  adaptations may include bringing in representatives

                  from segments of the workforce that do not already

                  participate, including designated or non-designated

                  groups or trade unions. Where workplace forums exist,

                  there should be a vehicle for consultation, and

                  attempts should be made to ensure that these are as

                  representative as possible. Where no structures exist

                  or current structures are impractical for employment

                  equity consultation, the employer should initiate a

                  process to establish a consultative structure and or

                  support an employee initiative of this nature.

                  Criteria for appointment of representatives to the

                  structure, the number of representatives, their roles

                  and responsibilities and mandates will have to be

                  clearly set out. The representatives on the structure

                  should be trained on understanding and implementing

                  the key components of the Employment Equity Act.


          5.3.17. Disputes will inevitably arise in the course of

                  consultation. Employees may feel that they are not

                  being sufficiently included in decision-making, or

                  employers may grow frustrated at delays that are

                  occasioned as a result of the need to consult.




           5.4.1. Performance management - senior management

                  performance should be, amongst others, measured

                  against the extent to which they have achieved their

                  numerical targets.


           5.4.2. Recruitment and selection - an employer must take

                  cognisance of numerical targets when offering

                  employment to suitably qualified job applicants.


           5 4.3. Promotions - succession planning and decisions on

                  promotion must take account of an employer's

                  numerical targets and ensure that under-represented

                  groups in identified categories are developed and





An employer can use a number of outreach and proactive mechanisms to

attract applicants from under-represented groups.





6.1. SCOPE


          6.1.1. A job description outlines the role and duties of the

                 job and consists of two components:


        a description of the outputs of the job (what

                          the job proposes to do. This description

                          should provide an accurate and current

                          picture of what functions make up a job, and

                          should not include unrelated tasks. This

                          should outline the job's location, purpose,

                          responsibilities, authority levels,

                          supervisory levels and interrelationships

                          between the job and others in the same area;



        a description of the inputs of the job (i.e.

                          what the person doing the job is required to

                          do). This description should provide details

                          about the knowledge, experience,

                          qualifications, skills and attributes

                          required to perform the job effectively.


          6.1.2. Employers should conduct a job analysis when

                 developing a job description. A job analysis is the

                 process used to examine the content of the job,

                 breaking it down into its specific tasks, functions,

                 processes, operations and elements.





     Job descriptions may either advance or undermine employment equity

     depending on how they are written. A job description should

     clearly state the essential or inherent requirements of the job.

     These are the minimum requirements that an employee needs in order

     to be able to function effectively in that job. These requirements

     should not be overstated so as to present arbitrary or

     discriminatory barriers to designated groups. However, in the

     interests of promoting the appointment of employees who may not

     meet all the essential or inherent job requirements, an employer

     may decide that an employee who has, for instance, six out of the

     ten threshold or essential requirements, will be considered to be

     suitably qualified, subject to obtaining the outstanding

     requirements within a specified time.





          6.3.1. In order to ensure that job descriptions refer only to

                 the essential or inherent job requirements, they

                 should comply with the following criteria:


        Each task or duty in the job description is

                          essential to be able to perform the job and

                          is not overstated;


        The job description is free of jargon and is

                          written clearly;


        The competency specification includes only

                          criteria essential to perform the duties.

                          This should be objective and avoid subjective

                           elements that can be interpreted



         Experience requirements that are not

                           essential, related or arbitrary to the job

                           should be excluded; and


         Criteria do not disadvantage employees from

                           designated groups.


            6.3.2. An employer may also use job descriptions to promote

                   affirmative action, for instance, by incorporating

                   potential as a requirement and making reference to

                   development and training to acquire additional

                   skills and competencies.


            6.3.3. A job description should be capable of flexible

                   interpretation in the interest of promoting

                   affirmative action. In this regard, an employer may

                   list all the minimum or essential requirements of

                   the job.




            6.4.1. Recruitment and selection - Job descriptions that

                   are flexible may aid the recruitment of employees

                   from designated groups in order to create equitable

                   representation. Rigid job descriptions may operate

                   as a barrier to attracting individuals from

                   designated groups with potential.


            6.4.2. Performance management - Specificity of job

                   descriptions contributes to setting clear

                   performance objectives in an employee's career

                   development plan. This may avoid perceptions of

                   unfair or discriminatory treatment in performance.


            6.4.3. Skills development - A clear job description enables

                   the identification of skills and competency gaps.

                   These gaps could be closed through appropriate

                   interventions like training and development.




7.1. SCOPE


            7.1.1. Recruitment and selection is the process that

                   employers use to attract applicants for a job to

                   determine their suitability. This involves various

                   selection techniques such as short listing, scoring,

                   interviews, assessment and reference checks.


            7.1.2. This section identifies some of the strategies that

                   can be used to attract a wide pool of applicants

                   from designated groups.





     Recruitment and selection processes should be conducted fairly

     and without unfair discrimination.  One of the barriers in the

     recruitment process is the inability to attract sufficient

     numbers from the designated groups. Attracting as many

     applicants as possible from designated groups may ensure that a 

     larger skills pool is available from which to recruit.

     Recruitment and selection is often the most important mechanism

     to achieve numerical targets and to increase the representivity

     of designated groups in the workplace.


            7.2.1. A number of areas in recruitment and selection

                   should be reviewed to eliminate unfair

                   discrimination: These include:


          Advertising and head hunting;


          The job application form;


          The short listing process;




          Job offers;


          Record keeping; and


          Reference checking.





             7.3.1. The recruitment process should be informed by the

                    employer's employment equity plan, including the

                    recommended affirmative action provisions.


             7.3.2. Employers should have written policies and

                    practices that outline their approach to

                    recruitment and selection. This document should:


           reflect the values and goals of the

                             employer's employment equity policy or

                             ethos; and


           include a statement relating to

                             affirmative action and the employer's

                             intention to redress past inequalities.


             7.3.3. Where an employer utilises the services of

                    recruitment agencies, it should make the

                    recruitment agency aware of its employment equity



             Advertising positions


             7.3.4. When advertising positions employers should refer

                     to their employment equity policy or values and

                     indicate their position on affirmative action.


              7.3.5. Job advertisements should place emphasis on

                     suitability for the job, and should accurately

                     reflect the inherent or essential requirements

                     (i.e. the core functions) of the job and

                     competency specifications.


              7.3.6. Employers may consider placing all advertisements

                     for positions internally even if a job is being

                     advertised externally. This will make current

                     employees aware of the opportunities that exist

                     within the workplace.


              7.3.7. When advertising positions, employers may state

                     that preference will be given to members of

                     designated groups. However, this does not suggest

                     that the process of recruitment excludes members

                     from non-designated groups.


              7.3.8. Where possible, employers should place their job

                     advertisements so that it is accessible to groups

                     that are under-represented.


            Employees who are on maternity leave

                              should be informed of positions

                              advertised in the workplace.


           Job Application Forms


              7.3.9. A job application form is a mechanism that is used

                     by an employer as part of selecting a suitable

                     applicant for a position.


             7.3.10. The purpose of a job application form is to:


            standardise the information employers

                               receive from job applicants. This should

                               reduce the probability for unfair


            ensure that the information received

                               from job applicants focuses on the

                               requirements of the job and does not

                               result in indirect unfair

                               discrimination; and

            obtain biographical information to

                               provide an employer with an easy

                               mechanism for monitoring

                               applications from various designated



          Short-listing of Job Applicants


             7.3.11. Short listing is a process in which an employer

                     considers all applications, including curriculum

                     vitae and other relevant documents. An employer

                      should place those job applicants who meet the

                      criteria on a shortlist.


              7.3.12. The process of short-listing job applicants

                      should be standardized. Where no standards exist,

                      an approach should be decided on before short-

                      listing commences.


              7.3.13. An employer should consider involving more than

                      one person in the process of short-listing

                      applicants to minimize individual bias.


              7.3.14. The short-listing panel should be balanced in

                      terms representivity.


              7.3.15. Where an employer has outsourced the short-

                      listing process, every effort must be made to

                      ensure that the process is consistent with the

                      recruitment and selection policies of the



              7.3.16. An employer should not rely on second hand

                      knowledge or assumptions about the type of work

                      the applicant may be able to do.


              7.3.17. An employer should ensure that it short-lists as

                      many suitably qualified applicants from

                      designated groups as possible.


              7.3.18. Suitably qualified6 applicants must meet the

                      essential job7 requirements.


              7.3.19. When short-listing, an employer could include

                      applicants from designated groups who meet most

                      but not all the minimum requirements. These

                      applicants with potential could be considered for

                      development to meet all the job requirements

                      within a specified timeframe.


6 A suitably qualified person in the Act is defined as any one or any combination of a person's formal qualification, prior learning; relevant experience or the capacity to acquire within a reasonable time the ability to do the job.


7 An essential job requirement is the skills, knowledge or experience that are necessary to perform a job.




               7.3.20. An interview is a selection tool that provides

                       an employer with the opportunity to meet a job

                       applicant face-to-face.


               7.3.21. Employers should use the same panel in the

                       short-listing and interviewing process.


               7.3.22. Employers should provide training and guidance

                        to the panel conducting the interviews on:


               interviewing skills;


               the measuring system;


               employment equity and affirmative

                                  action; and


               matters relating to diversity,

                                  including skills for recognizing

                                  different dimensions of merit.


                7.3.23. Employers may develop a standard interview

                        questionnaire. This is a questionnaire prepared

                        before the interview listing a set of questions

                        that will be asked of each applicant

                        interviewed to determine the applicant's

                        suitability for the job. The interview

                        questionnaire should be based on the job

                        description, particularly essential elements of

                        the job and competency specifications.

                        Employers should regularly audit their

                        interview questionnaires to ensure that they do

                        not contain questions that are potentially



                7.3.24. An employer should consistently and objectively

                        assess all applicants interviewed using as a

                        basis the job description, competency

                        specification and the measuring system. The

                        same amount of time should be allocated for

                        each candidate and the same or similar

                        questions should be asked.


                7.3.25. The measuring system should be standardized. An

                        employer must allocate weightings to ensure

                        that there is a balance between matching job

                        requirements, numerical targets and the needs

                        of the employer.


           Making the job offer


                7.3.26. Employers should ensure that a realistic job

                        preview is provided to ensure that both the

                        candidate and employer’s expectations are

                        congruent. This is to facilitate the

                        retention of employees from designated groups

                        by effectively managing expectations before the

                        candidate accepts a position, i.e. it must be

                        clear to the candidate on what their

                        expectations are, lines of authority and

                        specific responsibilities;


               7.3.27.  Where a candidate does not accept a job offer,

                        an employer should conduct an "exit" type

                        interview to establish the reasons for not

                         accepting the offer. This will enable the

                         employer to identify and remove existing



          Record keeping


                 7.3.28. An employer should keep copies of all

                         documents relating to each stage of the

                         recruitment process for a reasonable period of

                         time after the position has been filled. These

                         documents will be important in the case where

                         an applicant challenges the recruitment

                         process and selection.


                 7.3.29. An employer may keep data on its recruitment

                         processes to inform its employment equity

                         strategy and for monitoring changes in

                         attitudes and actions of managers. This

                         information could include:


                the demographic details of

                                   candidates who apply, those who

                                   are short listed, interviewed and

                                   those who are made offers;


                the demographic details of

                                   candidates in relation to short

                                   listing, interviewing and job offers

                                   made in each department to establish

                                   which sections within the workplace

                                   are advancing the employment equity

                                   profile of the employer. The

                                   employer can then focus attention on

                                   those departments that are not

                                   successful in advancing the

                                   employment equity objectives; and


                the persons who were involved in the

                                   short listing, interview and job

                                   offer process.


            Reference checks of job applicants


                 7.3.30. The purpose of a reference check is to verify

                         information provided by an applicant during

                         the selection process.


                 7.3.31. Reference checks should not be conducted in a

                         manner that unfairly discriminates. The same

                         type of reference checks must be conducted on

                         all short-listed applicants.


                 7.3.32. An employer should only conduct integrity

                         checks, such as verifying the

                         qualifications of an applicant, contacting

                         credit references and investigating whether

                         the applicant has a criminal record, if this

                         is relevant to the requirements of the job.




                  7.4.1. Implementing Employment Equity - Recruitment

                         and selection must be aligned to the

                         employer's affirmative action strategy, as

                         reflected in its Employment Equity Plan, which

                         sets out the detail in relation to the

                         numerical targets for each designated group by

                         occupational categories and levels.


                  7.4.2. Disability - The employer should not unfairly

                         discriminate on the ground of disability. In

                         the context of disability, there are specific

                         recruitment and selection issues that arise.

                         In particular, an employer is required to

                         make reasonable accommodation for the needs of

                         applicants with disabilities. Employers should

                         seek guidance from the Code of Good Practice

                         on the Employment of People with Disabilities

                         and the Technical Assistance Guidelines on the

                         Employment of People with Disabilities.


                  7.4.3. Attraction and Retention - The ability of an

                         employer to attract employees from designated

                         groups will depend on a combination of

                         factors, which include recruitment and

                         selection practices, competitive benefits,

                         career opportunities, an affirming

                         environment, reputation and image of the



                  7.4.4. Assessments - Where an employer makes use of

                         assessments during the selection process, they

                         should refer to the relevant section of this



                  7.4.5. HIV and AIDS Status - An employer should not

                         unfairly discriminate on the ground of HIV and

                         AIDS. Employers could use the Code of Good

                         Practice on Key Aspects of HIV/AIDS and

                         Employment for guidance in this area.





8.1. SCOPE


     Induction refers to the process where an employer introduces a new

     employee. This includes familiarizing the new employee with the

     vision, mission, values, job requirements and the policies and

     practices, as well as colleagues and the workplace environment.





      A carefully planned and implemented induction process will ensure

      that all new employees, and in particular designated groups, are

      effectively integrated into the workplace from the commencement

      of their employment. Proper induction can also function as a

      retention measure, since an employee who is properly integrated

      is less likely to be marginalized and more likely to thrive

      within the workplace.




     8.3.1. The induction process is an opportunity to convey the

            employer's expectations and values and to indicate its

            commitment to equity and diversity. This can occur, not

            only at the level of introducing the new employee to

            policies that prohibit unfair discrimination, but also

            through ensuring that existing employees and leadership

            demonstrate the necessary supportive behaviour toward all



     8.3.2. The induction process can be useful in demonstrating the

            leadership's commitment to employment equity by creating an

            opportunity to send the appropriate message about zero

            tolerance for harassment and discrimination, as well as

            support for affirmative action. It can also serve to

            project senior role models from among the designated groups

            already employed.


     8.3.3. To ensure that the induction process contributes to the

            effective integration of new employees from designated

            groups in the workplace, the employer could ensure that

            managers and human resource staff receive training on the

            induction process. Managers could also receive training on

            avoiding stereotypes or assumptions about new employees

            based on their personal or physical or racial  

            characteristics, ethnicity or other arbitrary criteria.


     8.3.4. During the induction process, new employees should receive

            copies of the applicable policies.  Such policies should

            include a grievance procedure and other dispute resolution

            mechanisms. Reasonable accommodation should be made for

            employees with disabilities.




     8.4.1. Training and development and work assignment - Where gaps

            have been identified during the interview, a training and

            development plan should be prepared with the new employee

            and should be introduced during the induction process


     8.4.2. Elimination of barriers - A successful induction will

            ensure that the employee does not experience barriers in

            socialising and networking, which would inevitably impact

            on prospects for advancement. The integration of employees

            from designated groups should be a conscious effort that

            extends beyond the induction process.


      8.4.3. Elimination of unfair discrimination - The employment

              environment should be free from unfair discrimination and

              harassment and should also promote a common understanding

              of what discrimination means and how it will be dealt



       8.4.4. Grievance & resolution - The grievance procedure should

              be conducive to raising issues that arise in the

              induction process.


       8.4.5. Performance Management - All new employees should be

              provided with information of the work they are required

              to perform and the standard to which this work must be





9.1. SCOPE


     Probation involves the trial period for a new employee where the

     Employer assesses the employee's ability and skills to function in

     the position in order to determine whether to offer the employee a

     permanent position.




     The probation period can either undermine or support an employee

     from a designated group. An employer should provide the necessary

     organizational support to ensure that the new employee is

     successful. An employer should consider the initial work

     allocation given to a probationary employee to ensure that the new

     employee can cope with the demands of the new workplace.




     9.3.1. An employer should ensure that probationary employees8 from

            designated groups are not subjected to unfair

            discrimination. This can be done by ensuring that managers

            treat them fairly and consistently. There should be a

            written probation policy that clearly sets out the roles

            and responsibilities of the employee and company policies

            and procedures. These could include the expected

            performance standards; the frequency and form of

            performance reviews; the procedures the probationary

            employee should comply with when raising problems or

            grievances; the nature of support, mentoring and training

            and development.


     9.3.2. An employer should ensure that managers understand the need

            for consistent fair treatment of all probationary employees

            in order to avoid unfair discrimination and perceptions.


     9.3.3. Where an employee from a designated group requests

            reasonable accommodation during the probationary period,

            the employer should, as much as possible, provide it.

            Failure to provide reasonable accommodation may be

            construed as unfair discrimination.


      9.3.4. Managers should, where relevant and appropriate, provide

             regular supervision and guidance to probationary

             employees, including training and counseling, to improve

             performance. Managers should keep records of their

             discussions with probationary employees, as it may provide

             useful data about an employee's movement in the employment

             equity planning and measurement process. Information used

             to make decisions about employees should be reviewed,

             signed and dated by the employee. If the employer has a

             human resources department, this department should be

             informed of issues concerning the probationary employee’s



      9.3.5. By conducting an audit of policies and practices, an

             employer may identify barriers in the probationary process

             that impact on designated groups. Strategies to remove

             these barriers may then be developed and incorporated into

             the Employment Equity Plan.


      9.3.6. An employer may consider keeping a record of the number of

             employees from designated groups who are not appointed at

             the end of their probationary period and compare this to

             probationary employees from non-designated groups. This

             analysis may indicate the existence of problems in a

             particular department or with a particular manager.

             Corrective measures can then be undertaken. To the extent

             possible, exit interviews may be conducted of probationary

             employees who are not appointed in order to identify

             barriers in the process or perceptions of unfair

             discrimination. Record keeping can facilitate measurement

             of employment equity progress and may enable an employer

             to identify problems with retention of designated groups.


8 See Item 8 of Schedule 8 of the Labour Relations Act- The Code of Good 

 Practice on Dismissal




     9.4.1. Induction - The links mentioned in the induction section

            are equally applicable to probation.


     9.4.2. Performance management - success during probation is often

            associated with meeting the employer's clearly specified

            and objective performance standards according to which

            regular evaluations of the employee 's performance are



     9.4.3. Mentoring and Development - An employer may consider

            mentoring, coaching and training interventions to support

            employees from designated groups during the probationary





    10.1. SCOPE


           Appropriate medical, psychological and other similar

            assessments, if properly used by employers, could

            contribute positively toward the recruitment and

            development of suitably qualified applicants and employees.

            Assessments, whether medical, psychological or other

            similar assessments, should include rather than exclude

            individuals with potential and those suitably qualified.




           10.2.1. The Act prohibits medical testing, unless

                   legislation permits or requires the testing; or it

                   is justifiable in the light of medical facts,

                   employment conditions, social policy, the fair

                   distribution of employee benefits or the inherent

                   requirements of the job. Psychological and similar

                   assessments are also prohibited by the Act, unless

                   the assessment being used has been scientifically

                   shown to be valid and reliable; can be applied

                   fairly to all employees; and is not biased against

                   any employee or group. Assessments are required to

                   be free from unfair discrimination based on the

                   prohibited grounds. Tests that directly or

                   indirectly unfairly discriminate on these grounds

                   are inappropriate and should be avoided.


           10.2.2. An assessment is seen to be directly unfairly

                   discriminatory when it excludes employees from

                   designated groups on the basis of one or more

                   of the prohibited grounds. Indirect unfair

                   discrimination, however, is the more likely outcome.

                   This occurs when, on average, the majority of a

                   particular group assessed scores below the minimum

                   requirement compared to other groups or individuals.


9 Medical, psychological and other similar assessments are also covered in Section 7 of the Employment Equity Act as well as the Code of Good Practice on Key Aspects of HIV/AIDS and Employment and in the Code of Good Practice the Employment of People with Disabilities.


           10.2.3. Assessments should be used to identify candidates

                   with potential and persons who are suitably

                   qualified. These assessments should then be

                   followed-up by relevant intervention measures like

                   appropriate training and development.




            10.3.1. An employer who uses medical, psychological and

                    other similar assessments should develop a written

                    policy for the workplace, which identifies the

                    purpose, context, methods and criteria applicable

                    to selecting and conducting assessments.


            10.3.2. An employer should ensure that assessments used are

                    valid, reliable and fair10, so that no group or

                    individual is unfairly disadvantaged as a result

                    of the assessment. Bias in the application of the

                     assessment should be eliminated. The test should

                     match the job in question and should measure the

                     minimum level of the competencies required to

                     perform the job, which must be based on the

                     inherent requirements or essential functions of

                     the relevant job. Tests should avoid arbitrary or

                     irrelevant questions. Only assessments that have

                     been professionally validated as reliable

                     predictors of performance for a particular job,

                     irrespective of race gender or disability, should 

                     be used.


             10.3.3. Administrators and users of medical, psychological

                     and other similar assessments should be qualified

                     and registered with the appropriate recognised

                     professional body of South Africa. Assessors

                     should be trained to understand, evaluate and

                     interpret the evidence or outcomes of the

                     assessment objectively against the skills and

                     abilities required for the job and must be able to

                     justify their decisions. The assessment process

                     should also minimize the opportunity for assessors

                     to make subjective or arbitrary judgments

                     that could, deliberately or inadvertently, work to

                     the advantage of one group over another. Assessors

                     should make sure they assess against the

                     competencies for the job.


             10.3.4. Special care should be taken to ensure that the

                     language used is sensitive and accessible to those

                     who are being assessed.


             10.3.5. All employees or applicants for a particular job

                     should be assessed against the same criteria. The

                     process should make accommodation for diversity

                     and special needs.


             10.3.6. An employer should keep assessment records for at

                     least one year11


             10.3.7. Employers should ensure that reasonable

                     accommodation is made for employees or applicants

                     where required, and that unfair discrimination


10 Validity is the extent to which a test measures what it is intended to measure and indicates the degree of accuracy of either predictions or inferences based upon the test score. Reliability is the extent to which a test is dependable, stable and consistent when administered to the same individuals on different occasions. Fairness relates to how the results of the assessments are applied:  it is the total of all the variables that play a role or influence the final decision of an

employer. This can include the assessment, integration of data, recommendations based on these data or the final decision made by the employer.


11 Psychological assessment are valid for 1 year

                     does not occur in the arrangements for the

                     administering of tests or in using assessment





            10.4.1. Skills development - Assessments can be used to

                    identify potential amongst employees or applicants

                    from designated groups. This links to affirmative

                    action in training and development. Enabling an

                    individual access to specific training and

                    development programmes, or any other relevant

                    intervention can eliminate skills and competency

                    gaps identified in an employee.






    11.1. SCOPE


          This section of the Code deals with terms and conditions of

          employment including working time and rest periods, leave of

          all kinds13, rates of pay, overtime rates allowances,

          retirement schemes, medical aid and other benefits.




          11.2.1. An employer may not discriminate unfairly in the

                  terms and conditions of work or access to benefits,

                  facilities or services that are available to



          11.2.2. Eligibility for benefits should not be determined on

                  the basis of one or more of the prohibited grounds or

                  other arbitrary grounds.




          11.3.1. Every employer is required by the Act to audit its

                  terms and conditions of employment to identify

                  whether they contain any unfair direct or indirect

                  discrimination policies and practices. This should be

                  followed by monitoring all changes in the terms and

                  conditions of employment to ensure that all barriers

                  or unfair discrimination policies and practices are

                  removed. An employer should also regularly conduct

                  practice audits to test the perceptions of employees

                  about whether its terms and conditions of employment

                  and practices are non-discriminatory. An employer may

                  address deficiencies identified through appropriate

                  awareness raising


12 For example, the dates or times for the test coincide with religious festivals or observances, or the employer does not take into account dietary preferences or cultural norms that could cause disadvantage; or where the facilities used are inappropriate (for example the assessment centre is on the first floor of a building with no elevator and the employee or job applicant is in a wheelchair).


13 Leave includes annual leave, sick leave, maternity leave and family responsibility leave or any other types of leave.


                  initiatives and other barrier removal mechanisms.


                  These should form a component of the employer's

                  Employment Equity Plan.


          11.3.2. Employers should provide training, information and

                  literature to trade union representatives and

                  employees on the applicable terms, conditions and

                  available benefits.


          11.3.3. Maternity leave should not result in the loss of

                  benefits for employees upon return to employment.


          11.3.4. An employer should provide reasonable accommodation

                  for pregnant women and parents with young children,

                  including health and safety adjustments and antenatal

                  care leave.


          11.3.5. Employers should endeavour to provide an accessible,

                  supportive and flexible environment for employees

                  with family responsibilities. This includes

                  considering flexible working hours and granting

                  sufficient family responsibility leave for both



          11.3.6. Employers should examine the use of terms and

                  conditions of their fixed term contract employees14

                  to ensure that they are not unfairly discriminated

                  against. Fixed-term-contracts can potentially

                  undermine employment equity. This may occur where the

                  employer tends to appoint certain groups of employees

                  (i.e. black people, lower level employees and women)

                  to fixed term contracts as a matter of practice.




           11.4.1. Remuneration - An employer must provide equal pay

                   for equal work or for work of equal value.


           11.4.2. Retention - Favourable terms and conditions of

                   employment for employees can serve as an affirmative

                   action measure to promote, attract and retain

                   individuals from designated groups, but should be

                   used with caution as a justified affirmative action



           11.4.3. Working environment - Flexibility in the terms and

                   conditions of employment (i.e. working hours and

                   schedules, work from home options, job sharing,

                   career breaks, etc.) are examples of a flexible

                   working environment that may promote the retention

                   of employees, particularly members from designated





14 A fixed term contract employee' is a person who is employed on a contract that includes an agreement detailing the relationship between the employer and employee, which is determined by an objective condition that creates no false expectations of renewal of the contract, and is based on a specific duration or time frame with dates or the completing of a specific task or happening or event.


    12.1. SCOPE


          Remuneration is any payment in money or in kind, or both in

          money and in kind, made or owing to any person in return for  

          services rendered15. Employers must ensure that remuneration

          policies and practices are applied consistently without

          unfair discrimination on the basis of any one or combination

          of the prohibited grounds.




          12.2.1. Remuneration differentials most commonly constitute

                  direct unfair discrimination, where an employer pays

                  designated employees less than non-designated

                  employees doing the same or equivalent work simply

                  because they are designated employees. Remuneration

                  discrimination can also be indirect or systemic

                  because it stems from remuneration policies and

                  practices that have an adverse or disparate impact on

                  black people, women and people with disabilities.




          12.3.1. Employers should audit their existing remuneration

                  policies to ensure that they are based on the

                  principles of pay equity. This requires a comparison

                  of jobs as well as a job evaluation system that is

                  objective rational and applied consistently to all

                  job functions. It is recommended that all employers

                  consider developing a written remuneration policy, or

                  at the very least written guidelines, to ensure that

                  clear rules exist on how remuneration is determined.

                  This should be communicated in an appropriate format

                  to all employees.


          12.3.2. Employers should conduct regular audits of their

                  remuneration practices among employees to identify

                  the lack of awareness about applicable criteria and

                  perceptions of unfair discrimination in remuneration.


          12.3.3. Where barriers or discrimination in remuneration are

                  identified, and unless these can be justified, the

                  employer should in consultation with stakeholders

                  develop a strategy for barrier removal.


          12.3.4. Job evaluation systems should be objective as these

                  are often the basis on which remuneration

                  differentials emerge.


          12.3.5. Remuneration should be based on the value of the

                  post. In this regard, the following factors may be

                  taken into account:


         Performance and Outputs: the employee's

                            outputs, measured by the performance

                            management process, should carry the

                            most weight in determining individual

                            remuneration levels.


         Employee potential: This involves estimated

                            ability and competence, as well as the

                            capacity to develop these over time.

                            Estimated ability refers to conceptual and



15 The meaning of remuneration in relation to leave pay, notice pay and severance pay is clarified by the Determination issued by the Minister of Labour in terms of Section 35 of the Basic Conditions of Employment Act.


                            skills which have not yet been

                            demonstrated, whilst competence refers to

                            knowledge and expertise gained, which can

                            be informed by previous outputs or



           12.3.6. Employers should monitor income differentials to

                   ensure that these do not contribute to unfair





           12.4.1. Performance Management - Although indirect factors

                   such as motivation and commitment may be

                   considered, it is important to ensure that these are

                   free of unfair discrimination.


           12.4.2. Recruitment and Selection - In order to attract

                   employees from designated groups, an employer should

                   offer market related salaries and benefits.




    13.1. SCOPE


          Job assignments relate to the type of work that is allocated

          to an employee by their employer. An employer should make

          decisions on the allocation of job assignments on objective





          Unfair direct and indirect discrimination often occur as a

           result of the way in which work is allocated in a workplace.

           Where job assignments are based on prohibited grounds or

           arbitrary characteristics, this may perpetuate unfair

           discrimination and may result in undermining employment

           equity. Discrimination in job assignments may occur where

           there is informal mentoring by a manager who is perceived to

           favour a particular employee.




           13.3.1. As part of the policy and practices audit, an

                   employer should identify whether any unfair

                   discrimination occurs in the ability of all

                   employees to access opportunities.


           13.3.2. Employers should guard against conduct that

                   perpetuates perceptions of favouritism, which could

                   lead to allegations of unfair discrimination.

                   Access to opportunities should occur on an objective

                   and fair basis to ensure that such perceptions do

                   not arise, and where they do arise, they should be

                   dealt with effectively and expeditiously.


           13.3.3. Employers should also monitor behaviour of managers

                   in allocating job assignments, particularly where

                   certain trends can be determined, as these may

                   indicate the existence of indirect unfair






            13.4.1. Induction - An employer should explain, especially

                    during the induction process, the policies or

                    guidelines that apply in relation to how work or

                    opportunities are allocated.


            13.4.2. Job analysis and job descriptions - A clear job

                    description could ensure that no unrealistic

                    expectations are raised regarding access to



            13.4.3. Performance management - Access to work assignments

                    that enhance career opportunities, or are

                    considered to be desirable, should be allocated

                    objectively by linking them to the career path of

                    employees. These should be clearly communicated to

                    employees to ensure that no misperceptions arise

                    and to prevent allegations of unfair



            13.4.4. Retention - In some instances, allowing certain

                    employees access to work related opportunities that

                    are considered to be “exciting” could be used as a

                    retention measure - i.e. where an employer gives

                    preference to senior managers from designated

                    groups in allocating these opportunities. This

                    should be used with caution as it can have

                    significant organizational implications and can

                    cause resentment where the objectives of such a

                    strategy are not clearly understood or  



            13.4.5. Skills development - Access to opportunities and

                    work assignments should form part of an employee's

                    development plan and an employer's Workplace Skills





    14.1. SCOPE


          Performance management is a business process that is used to

          monitor, measure and link what employees do on a continuous

          basis with the goals, values, culture and business objectives

          of the employer. It is a process intended to establish a

          shared understanding about what is to be achieved; how it is

          to be achieved; and the implications where it is not

          achieved. This includes clarifying the expectations that the

          employer has of the employee.


          Performance management also involves the training and

          development of employees.




          14.2.1. Discrimination in work assignments and performance

                  measurement is more difficult to detect and difficult

                  to prove without an objective, written system that

                  clearly expresses criteria according to which

                  performance will be measured and managed.


          14.2.2. The manner in which the performance of an employee is

                  managed may impact on the value that the employee

                  adds to the workplace. It may also impact on how

                  peers perceive the performance and advancement of an

                  employee and on the support received by that

                  employee. Performance management should not be a

                  punitive process, but rather one that facilitates

                  setting clear objectives for development and growth.

                  Providing opportunities for development for employees

                  from designated groups is a critical challenge for

                  many employers.





          14.3.1. In order to effectively manage performance in a non-

                  discriminatory and fair manner that encourages

                  development, an employer should ensure that managers:


         receive coaching and diversity training to

                            ensure that they are able to objectively

                            and consistently manage performance and

                             provide honest feedback whilst being

                             sensitive to employee differences;


          understand and are able to properly

                             implement the performance management

                             system; and


          are able to provide the necessary

                             coaching, mentoring and support to

                             employees to motivate them towards

                             performance excellence.


           14.3.2. Performance management systems could in addition:


          Measure and incentives managers for

                             their leadership, mentoring and diversity

                             skills, as well as for achieving

                             employment equity objectives;


          Incorporate review processes, which may

                             apply measures relating to competencies of

                             managers in diversity management,

                             including feedback from employees and



          Develop clear learning objectives for all

                             employees, particularly from designated

                             groups. This should link to the

                             acquisition of additional skills and

                             competencies for challenging positions

                             into which employees may be promoted or

                             transferred; and


          Ensure that the performance management

                             system is linked to the inherent

                             requirements of the job and is free of any

                             unfair discrimination.


           14.3.3. Employers should review the results of performance

                   appraisals to assess if there are any significant

                   variations across designated groups. Where such

                   variations exist, employers should identify the

                   reasons for these discrepancies and take action to

                   remove them.




          14.4.1. Working environment - a consistent and sustained

                  performance management culture may impact on the

                  integration and retention of employees from

                  designated groups. It may also have implications for

                  issues that go beyond performance and productivity,

                  e.g. elevating employee morale, which in turn leads

                  to productive employees and a more enabling



          14.4.2. Remuneration - because performance management is

                  linked to reward, it would be useful for employers to

                  conduct an analysis of the distribution of increases

                  and/or bonuses paid to employees that can be

                  attributed to performance outcomes. This will enable

                  the identification of areas of potential unfair

                  discrimination and ensure that action is taken to

                  eliminate barriers.


          14.4.3. Skills development - effective and regular

                  performance management may facilitate the

                  identification of training and development needs,

                  which may be addressed through appropriate

                  interventions. These will enable an employee to

                  effectively perform in the existing position or to

                  develop into a more challenging position.


          14.4.4. Retention - If performance management is linked to

                  employee development and growth, it will impact

                  significantly on an employer's ability to retain its






    15.1. SCOPE


          15.1.1. The Skills Development Act and the Skills Development

                  Levies Act provide reinforcing and supporting tools

                  for developing employees in line with employer

                  business objectives. This contributes to a critical

                  pool of candidates from designated groups from which

                  employers could recruit, thus facilitating

                  accomplishment of Employment Equity Act objectives.


          15.1.2. This section describes the areas that impact on an

                  employer's ability to develop employees from

                  designated groups, which includes:


         effectively identifying training needs and

                            matching these with the needs of the



         providing effective mentoring and coaching;


         providing structured on-the-job training;


         considering accelerated development for

                            employees with potential;


         providing meaningful job roles;


         implementing individual development plans;


         providing access to opportunities to act in

                            a higher position;


         providing shadowing16 opportunities;


          creating challenging work assignments; and


         developing and promoting positive role

                             models for designated groups.


          15.1.3. The section also deals with the retraining of

                  managers and supervisors to enable them to

                  effectively manage a diverse workforce.                                                                                                                               





           Skills development of employees is a key driver for the

           achievement of employment equity objectives. The Act

           positions skills development of designated groups as an

           affirmative action measure. Development and training are key

           strategies to enable designated groups to advance and to

           reach equitable representation in all occupational

           categories and levels.




           15.3.1. Every employer should develop written policies and

                   practices to reflect its commitment to training and

                   development. These policies and practices should

                   refer to the objective of encouraging the training

                   of employees while prioritising designated groups.

                   The policy may incorporate preference in access to

                   training and development opportunities for

                   designated groups; until their representation in all

                   occupational categories and levels has reached

                   critical mass. This policy may then form the basis

                   for the Workplace Skills Plan.


           15.3.2. Employers should assist employees to identify and

                   address their skills gaps by formulating appropriate

                   objectives in their personal development plans,

                   agreeing to timeframes and accessing the resources

                   required to meet these objectives.


           15.3.3. Employers and employees should also strive to create

                   an organizational culture that encourages and

                   rewards learning for everyone in the workplace. An

                   employer may achieve these objectives through:


          appropriately structured career breaks;


          bursary schemes;


          on the job learning;


16 A person following and observing another in order to gain experience or insight into a job.


          mentoring and coaching.


           employee counseling for growth and

                              advancement; and


           access to literacy and numeracy



            15.3.4. The competency requirements far senior managers,

                    team leaders, line managers, supervisors and

                    professional staff should include specifications

                    related to the development of employees.


            15.3.5. Employers should consider conducting leadership and

                    management development programmes to ensure that

                    leaders and managers have the necessary knowledge

                    and skills to effectively manage, develop and

                    empower employees. Every effort should be made to

                    create a work climate that is conducive to the

                    successful integration and retention of

                    employees from designated groups.


            15.3.6. Employers should communicate their training and

                    development priorities to all senior and line

                    managers responsible for performance management. An

                    employer should use these requirements to guide the

                    identification of potential individuals in a

                    proactive manner and identify individuals who can

                    be scheduled for training and development.


            15.3.7. All formal training offered to employees, whether

                    through in-house training or from an external

                    training provider, should ideally be linked to

                    unit standards or qualifications that are

                    registered on the National Qualifications

                    Framework. This ensures that employees are able to

                    receive nationally recognised credits and

                    certificates for their learning achievements. This

                    may redress past imbalances in formal education

                    opportunities for people from designated groups.


            15.3.8. Where employers consider implementing the

                    Recognition of Prior Learning (RPL) principles to

                    redress historical education and training

                    disadvantages to promote employment equity and

                    validate employee skills and knowledge, this should

                    be based on an employer specific RPL policy.17


            15.3.9. Where applicable, employers should consider

                    implementing Learnerships18 to offer occupationally

                    driven, outcomes based learning while creating

                    employment opportunities for previously

                    disadvantaged individuals.


           15.3.10. In procuring formal training courses from internal

                    or external providers, employers should take into

                    account the equity profile of the provider.


           15.3.11. In procuring formal training courses from external

                     providers, employers should ideally offer

                     preference to suitable Black Economically

                     Empowered companies in support of the development

                     and sustainability of Black Economic Empowerment



17 RPL as defined by South African Qualifications Authority (SAQA); is a process whereby people's prior learning can be formally recognized in terms of registered qualifications and unit standards; regardless of where and how the learning was attained. RPL acknowledges that people never stop learning, whether it takes place formally at an educational

institution, or whether it happens informally.


18 Learnerships are created in terms of the Skills Development Act, No. 97 of 1998 (Chapter 4, Sections 16 to 19).


            15.3.12. Employers, particularly those whose workforces

                     include employees who are not functionally

                     literate, should consider offering Adult Basic

                     Education and Training (ABET) opportunities.


            15.3.13. An employer's employment equity policy or policies

                     should be a standard component of all training and

                     development courses to ensure that employees

                     understand its philosophy in relation to the



            15.3.14. An employer should offer diversity training to ail



            15.3.15. Staff responsible for selecting employees for

                     training, either as part of their induction or to

                     develop particular skills, should themselves be

                     trained to:


            recognise potential, particularly from

                                designated group employees;


            select trainees according to objective

                                criteria or in terms of the Workplace

                                Skills Plan or training and development



            align training and development access

                                for designated groups to numerical

                                targets and other objectives set in the

                                Employment Equity Plan; and


            identify and address any barriers or

                                unfair discrimination practices in the

                                allocation of training opportunities.


             15.3.16. An employer should monitor training opportunities

                      in order to identify and address any disparities

                      between groups and to ensure that training is

                      done to achieve the employment equity objectives

                      set out in its Employment Equity Plan.


              15.3.17. An employer should conduct post training impact

                       evaluations to track the progress of employees

                       to ensure that training employment equity

                       objectives are met.





           15.4.1. Implementing employment equity - Employees from

                   designated groups who are provided with effective

                   training and development interventions are likely to

                   perform better. This may contribute towards improved

                   workplace performance and may increase the profile

                   of employees from designated groups.


           15.4.2. Performance management - The performance management

                   system should include the measurement of line

                   managers and supervisors in relation to the

                   contribution they make to the skills development of



           15.4.3. Promotion - Effective training and development of

                   employees from designated groups may enhance their

                   skills and knowledge and ultimately their chances

                   for career advancement.




    16.1. SCOPE


          Promotions and transfers are processes that facilitate

          employee mobility for various purposes, including career

          development, succession planning and operational

          requirements. This should facilitate representation of

          members of designated groups in all occupational categories

          and levels, thus meeting employment equity objectives.




          Promotions and transfers have the potential to impact on

          numerical goals and accelerate equitable representation of

          all groups in occupational categories and levels within a

          workplace. These initiatives are key drivers for employment

          equity in that they can involve fast tracking the advancement

          towards achieving numerical targets.




          16.3.1. Employers are prohibited from unfair discrimination

                  in promotion and transfer decisions. One of the

                  mechanisms for eliminating unfair discrimination is

                  to ensure that written policies and practices specify

                  the criteria, which apply to promotions and

                  transfers. Managers implementing the policies and

                  practices should be monitored to ensure that they

                  are not applying these inconsistently.


           16.3.2. An employer may implement a policy of preference

                   toward members of designated groups in transfers and

                   promotions as a legitimate affirmative action



           16.3.3. Lateral transfers to equivalent positions may be

                   effectively used to achieve employment equity

                   targets. Reasonable provision must be made where an

                   employee requests a transfer.





           16.4.1. Retention - Promotions and transfers may contribute

                   to retention, specifically in instances where

                   employees from designated groups do not feel

                   sufficiently challenged or rewarded in an existing



           16.4.2. Skills Development - Linking promotions and

                   transfers to development and growth opportunities

                   for designated groups will ensure that they do

                   not occur in isolation from numerical targets and

                   employment equity objectives.


           16.4.3. Remuneration - Linking promotions and transfers to

                   remuneration may encourage employees to transfer to

                   a less popular operational or geographic area.




    17.1. SCOPE


          17.1.1. This section deals with information employees are

                  entitled to obtain from their employers and

                  information employers may disclose about their



          17.1.2. The relevant provisions of Section 16 of the Labour

                  Relations Act, 1995, apply to the disclosure of

                  information in terms of this part of the Code, in

                  addition to any other laws, including the Regulation

                  of Interception of Communications and Communication-

                  Related Information Act, 2002 and the Promotion of

                  Access to Information Act, 2000.





           17.2.1. When engaging in employment equity consultation, the

                   Act requires that designated employers disclose to

                   consulting parties all relevant information.


           17.2.2. The object of disclosure is to make the process of

                   consultation as participative and as meaningful as

                   possible to ensure good faith engagement and to

                    develop trust between employers and employees.


            17.2.3. Timeous disclosure of information will facilitate

                    consensus regarding appropriate employment equity

                    initiatives to reduce challenges.


            17.2.4. An employer must disclose information that is

                    relevant and that is reasonably required by the

                    consulting parties to engage effectively on

                    employment equity.


            17.2.5. Information is generally considered to be relevant

                    if it is likely to influence the formulation,

                    presentation or pursuance of a position or demand

                    proposed by a consulting party in their

                    deliberations on employment equity.





           Type of information


           17.3.1. The employer can comply with many of these

                   requirements by referring the consulting parties to

                   the documents that contain the necessary

                   information if they are reasonably accessible to

                   such consulting parties.


           17.3.2. Information should be supplied in a manner and

                   format that are accessible to all employees in the



           Confidentiality and Disclosure


           17.3.3. Private, personal information is regarded as

                   confidential information. It will include

                   information that may be typically found in an

                   employee's personnel file. This may include

                   information concerning the employee's financial

                   circumstances, marital circumstances, criminal

                   record or health status (e.g. HIV and AIDS,

                   alcoholism, etc.). The employer may not disclose

                   this kind of information unless the employee

                   consents in writing.


           Collection and communication of employee data: Balancing the

           need for information against the right to privacy


           17.3.4. Information is collected on employees from the time

                   when they are job applicants. The collection and

                   disclosure of information may in some circumstances

                   violate the right to privacy. It is therefore

                   important for employers to balance the need for

                   requiring certain information against the need to

                   maintain high standards of personal privacy and the

                   confidences of third parties.


            17.3.5. An employer should not collect personal information

                    from employees, unless -


           The information is collected for a lawful

                              purpose that is directly related and

                              necessary to implement employment equity

                              in the workplace, e.g. for making

                              recruitment, development and promotion

                              decisions; and


           The information is reasonably necessary

                              for that purpose.


             17.3.6. An employer may not collect personal data

                     regarding an employee's sex life, political,

                     religious or other beliefs, or criminal

                     convictions, except in exceptional circumstances

                     where such information may be directly relevant to

                     an employment decision.


              Security of disclosed information


              17.3.7. Information collected on employees, such as race,

                      gender, sexual orientation, religion,

                      performance, training records, psychological

                      assessments or health, or any other information

                      imparted by employees to their employer, should

                      be kept secure and only those entitled to see it

                      in the course of their duties should have access.


              17.3.8. For governance purposes, employers should ideally

                      have a written security policy for the gathering

                      and disclosure of information. Employers should

                      keep a written record of the names of those,

                      whether internal or external to the employer, to

                      whom employee information has been revealed and

                      for what purpose.


               Employee rights


               17.3.9. Employees should be afforded opportunities of

                       checking the accuracy of their information and

                       rectifying and updating it, particularly where

                       it relates to employment equity.


              17.3.10. Employees can insist on the rectification or

                       deletion of incorrect or misleading information.

                       Where information is corrected, those

                       Alterations should be communicated to subsequent

                       users of the information.




           17.4.1. Employment equity implementation - The disclosure of

                   information by an employer must occur within the

                   context of an employer's employment equity policies.

                   Disclosure of information is a necessary pre-

                   requisite to meaningful consultation by parties, as

                   required under the Act.


           17.4.2. Recruitment and Selection - Information about

                   employees, which is collected by an employer during

                   the recruitment process or during employment, must

                   be collected for a lawful purpose and must be

                   directly related to the function or job requirement.


           17.4.3. Assessments - An employee's manager, with the

                   assistance of an expert in testing, should only

                   consider psychological assessments of an employee if

                   the assessments are current.






    The retention of all employees, specifically employees from

    designated groups, is a key challenge for employers given the

    opportunities for mobility that exist in the global economy. This

    section identifies some challenges and their implications for

    implementing employment equity to retain employees from designated





    Retention of employees from designated groups is critical for

    achieving and sustaining numerical targets and goals as envisaged

    in the Act. Employers who seek to retain their talented and skilled

    employees, particularly those from designated groups, should

    develop and implement retention strategies.




          18.1.1. Employers may consider identifying trends that exist

                  in their workplaces regarding the reasons for

                  termination. This will enable employers to develop

                  appropriate strategies to retain employees,

                  particularly employees from designated groups. These

                  strategies should be directed at removing barriers

                  that cause termination of employment.


          18.1.2. Employers may consider negotiating retrenchment

                  criteria that deviate from the "last in first out"

                  principle, where the implementation of this

                  principle will detrimentally affect the

                  representivity of designated groups in that



          18.1.3. Employers could also implement various incentives to

                  promote retention.




           18.2.1. Induction - An effective induction process should be

                   implemented to integrate employees, particularly

                    those from designated groups, into the workplace.


            18.2.2. Terms and conditions of employment - Equitable and

                    favourable terms and conditions of employment as

                    well as an environment that affirms diversity

                    contribute to long-term employee retention.


            18.2.3. Skills development - Providing equitable training

                    and development opportunities contribute towards

                    employee retention, especially if this is linked to

                    career development.


            18.2.4. Remuneration - fair remuneration contributes to the

                    retention of employees.


            18.2.5. Performance Management and Reward - Recognising and

                    rewarding good performance may contribute to



            18.2.6. Termination - An exit interview may provide

                    information on the reasons for employee turnover.




    19.1. SCOPE


          This section deals with the elimination of harassment in the

          workplace. It provides a framework for facilitating and

          promoting the development and implementation of policies and

          practices that result in workplaces free of harassment where

          employers, employees and associated parties19 put a premium

          on one another's integrity and dignity. This in turn builds a

          workforce that respects one another's privacy and the right

          to equity and equality in the workplace.





          19.2.1. Section 6 of the Act and other related legislation

                  recognize that harassment in the workplace, whether

                  direct or indirect, is a form of unfair

                  discrimination and is prohibited on one or a

                  combination of the following grounds:


                  Race, gender, sex, pregnancy, marital status, family

                  responsibility, ethnic or social origin, colour,

                  sexual orientation, age, disability, religion, HIV

                  status, conscience, belief, political opinion,

                  culture, language and birth.


19 Associated parties may include suppliers and contractors.


          19.2.2. Harassment is unwanted or unsolicited attention based

                  on one or more of the prohibited grounds. It involves

                  conduct that is unwanted by the person to whom it is

                  directed and who experiences the negative

                  consequences of that conduct. The conduct can be

                   physical, verbal or non-verbal. It affects the

                   dignity of the affected person or creates a hostile

                   working environment. It often contains an element of

                   coercion or abuse of power by the harasser.




           19.3.1. Every employer is under obligation in terms of the

                   Act to take steps to prevent workplace harassment.

                   This includes ensuring that a clear rule prohibiting

                   harassment and other forms of unfair discrimination

                   that exits in the workplace, and that all employees

                   understand it. This should be incorporated in a

                   formal written policy like a code of conduct with an

                   appropriate dispute resolution procedure that is

                   communicated throughout the workplace and displayed

                   in prominent places.


           19.3.2. The policy should make it clear that harassment is a

                   form of unfair discrimination, and will be regarded

                   by the employer as a serious form of misconduct,

                   which will be subjected to disciplinary action and

                   may result in dismissal.


           19.3.3. On an incremental scale of "minor", "serious" and

                   "very serious", harassment is a very serious

                   offence. The disciplinary code of an employer should

                   provide for very serious offences like harassment by

                   placing a waiver on all warning procedures, and

                   moving directly to a disciplinary enquiry that could

                   be followed by a hearing.





           19.4.1. Recruitment & Selection - Applicants for a job are

                   normally most vulnerable to harassment in exchange

                   for special favours. Therefore special attention

                   should be placed on behaviour that is likely to be

                   interpreted as harassment.


           19.4.2. Promotion & Transfer - Mechanisms should be put in

                   place to prevent `welcome' or `unwelcome' harassment

                   that could be seen as influencing promotion and

                   transfer decisions.


           19.4.3. Discipline, Grievance & Dispute Resolution –

                   Appropriate policies and procedures, which promote

                   appropriate behaviour and serves as a guard against

                   harassment, should be developed and implemented by






    This section of the Code is based on the principle that employers

    and employees should treat each other with mutual respect. To this

    end, the Code seeks to balance the right of


20 Schedule 8 of the Labour Relations Act, which includes the Code of Good Practice on Dismissal deals with some of the key aspects of dismissals for reasons related to conduct and capacity.  The Code of Good Practice on Dismissal also deals with termination based on operational requirements.


    employees to fair employment practices against the right of

    employers to expect satisfactory conduct and performance by



    20.1. SCOPE


          20.1.1. This section deals with issues employers may consider

                  when managing grievances filed by employees or

                  disciplining employees for transgressing workplace

                  policies and practices.




          20.2.1. The manner in which discipline and grievance are

                  managed can generate conflict in a workplace and may

                  undermine employment equity achievements and

                  policies. Employers should ensure that their

                  disciplinary and grievance policies are consistently

                  and impartially applied.


          20.2.2. This section of the Code is not intended to serve as

                  a substitute for grievance or disciplinary procedures

                  concluded at a workplace. An employer should evaluate

                  whether their existing grievance, discipline and

                  dispute resolution procedures are conducive to

                  dealing with unfair discrimination and harassment.




           The Grievance Process


           20.3.1. Unfair discrimination or allegations of a breach of

                   the Act should be dealt with as quickly and as

                   thoroughly as possible. Conflict is best managed if

                   addressed expeditiously and according to fair and

                   impartial principles.


           20.3.2. Employers should endeavour to protect complainants

                   and ensure that complaints and grievances lodged are

                   dealt with sensitively and discretely.


           20.3.3. Employers should take disciplinary action against

                   any employee who retaliates against a fellow

                   employee for using the grievance procedure to

                   address a concern or grievance concerning an alleged

                   act of harassment, unfair discrimination or a breach

                   of the Act.


            20.3.4. Employers should consider workplace policies that

                    make any act of unfair discrimination or breach of

                    the Act a form of very serious misconduct.


            20.3.5. Employers should ensure that employees are aware of

                    or can reasonably be expected to be aware of

                    workplace policies and practices, particularly in

                    relation to unfair discrimination.


            20.3.6. Employers are responsible for ensuring the

                    consistent application and enforcement of policies

                    to avoid allegations of arbitrary or unfair

                    application of discipline on the basis of one or

                    more of the prohibited grounds. Policies on

                    discipline must apply equally to all employees.


            20.3.7. Disciplinary action should seek to correct an

                    employee's behaviour. Disciplinary measures may

                    include counseling, warnings or creative

                    solutions. The primary aim of discipline should be

                    to encourage a culture of respect for difference

                    and dignity.


            20.3.8. Employers should value and encourage greater

                    awareness of diversity.


            20.3.9. Employers should keep a record of all grievances,

                    disputes and disciplinary actions taken and conduct

                    regular audits to determine the extent to which:


           employees have utilised the procedures.

                              This information should be disaggregated

                              by race, gender and disability;


           the grievances filed by employees where

                              breaches of the Act are alleged; and


           the outcome of processes.


           20.3.10. Employers may use the outcome of this review to

                    assess whether its policies are being utilised and

                    whether they are being used to address

                    grievances and disputes that arise in the workplace

                    in relation to unfair discriminatory practices or

                    any other breaches of the Act.




           20.4.1. Working environment - Conflict is inherent in

                   workplaces.  Employers need to manage the

                   manifestations of conflict in a manner that

                   discourages unfair discrimination.


           20.4.2. Harassment - Employees must be made aware that

                   harassment is serious misconduct, and it will be

                   dealt with effectively and efficiently.







    21.1. SCOPE


          An employer may terminate the employment of an employee by

          agreement or for reasons based on misconduct, incapacity or

          for operational requirements. This section outlines some of

          the key employment equity considerations in ensuring that

          employment is terminated in a fair and consistent manner.




          21.2.1. Terminations should be fairly and lawfully effected

                  and must serve the purposes of the employer without

                  discriminating against any employee.


          21.2.2. In the context of termination for operational

                  requirements, an employer, when consulting with the

                  affected party, should consider the appropriateness

                  of adopting the standard selection criteria of Last

                  In First Out (LIFO) as this may undermine the

                  retention of designated groups. In the context of

                  employment equity, traditional criteria may undermine

                  the progress made to achieve numerical targets and

                  would need to be revisited to ensure that they

                  support the achievement of employment equity





           21.3.1. In order to achieve numerical targets, employers may

                   initiate voluntary exit strategies to make space for

                   designated groups. This strategy should be preceded

                   by consultation in order for it to be accepted as a

                   legitimate affirmative action measure. It should

                   be transparent and effectively communicated to those

                   existing incumbents who may be affected. Employers

                   should be guided by the long-term viability and

                   sustainability of institutional knowledge in making

                   the decisions to use voluntary exits of non-

                   designated groups, as a strategy to achieve

                   numerical targets. An employer should implement this

                   strategy in tandem with skills development, career

                   development and succession planning to ensure that

                   skills that are core to the employer are replaced.


            21.3.2. When terminating the employment of an employee for

                    reasons of incapacity based on disability or

                    chronic illness, employers should refer to

                    the Code of Good Practice on Key Aspects of

                    HIV/AIDS and Employment and the Code of Good

                    Practice on the Employment of People with





             21.4.1. Skills development - An employer should provide

                     skills training to its managers to ensure that

                     they do not act in a discriminatory manner.


             21.4.2. Disputes and grievance resolution - Termination of

                     employment must be conducted according to fair

                     labour practices and in line with the

                     employer's procedures, including its discipline,

                     grievance and dispute resolution procedures.




    22.1. SCOPE


          22.1.1. Exit interviews are conducted by the employer with

                  the employee at the time of voluntary termination,

                  retirement or retrenchment.


          22.1.2. The purpose of an exit interview is to obtain

                  information about the employee’s experience during

                  employment. These exit interviews could provide

                  valuable information about barriers and other factors

                  that could have contributed to the termination.




           An employer should analyse the information it obtains from

           exit interviews and identify trends, which should inform

           barrier removal initiatives.




           22.3.1. To make exit interviews an effective process,

                   employers should consider:


          Conducting a standard exit interview

                             providing a set of guidelines for

                             consistent application;


          Conducting an exit interview that allows

                             the departing employee to comment on any

                             discriminatory practices in the workplace;


          Senior employees, who are skilled at

                             obtaining information, should conduct exit

                             interviews. Alternatively, an employer

                             may consider using an independent person

                             or persons from designated groups to

                             ensure that the departing employee is

                             able to speak as openly and honestly as

                             possible about their experiences; and


          Information disclosed in exit interviews

                             is confidential and can only be used to

                             identify themes or problems in the 


           22.3.2. Employers may consider developing periodic reports

                   reflecting trends that may have emerged during exit

                   interviews, including the identification of

                   barriers experienced by employees from designated



           22.3.3. Senior management should take action to eliminate

                   barriers that are identified during exit interviews.


           22.3.4. Employers may consider comparing their staff

                   turnover rates against similar jobs within the same

                   sector. If turnover is higher than these benchmarks

                   then an employer should consider initiating

                   interventions to address the problems.




           22.4.1. Retention - There are numerous factors that impact

                   on the retention of employees from designated

                   groups. These factors include work climate,

                   competitive remuneration, effective performance

                   management, learning pathways, organisational

                   culture, incentive schemes, challenging work

                   assignments, work-life balance and workplace