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Employment Equity Act, 1998 (Act No. 55 of 1998)

Chapter V : Monitoring, Enforcement and Legal Proceedings

Part A : Enforcement

36. Undertaking to comply

 

(1) A labour inspector may request and obtain a written undertaking from a designated employer to comply with paragraph (a), (b), (c), (f), (h), (i) or (j) within a specified period, if the inspector has reasonable grounds to believe that the employer has failed to—

[Words preceding section 36(1)(a) substituted by section 9(a) of Employment Equity Amendment Act 4 of 2022, Notice No. 3280, GG48418, dated 14 April 2023 - effective 1 January 2025 per Commencement Proclamation 231, GG51684 dated 28 November 2024]

(a) consult with employees as required by section 16;
(b) conduct an analysis as required by section 19;
(c) prepare an employment equity plan as required by section 20;
(d) [Paragraph (d) deleted by section 13 of Act No. 14 of 2013];
(e) [Paragraph (e) deleted by section 13 of Act No. 14 of 2013];
(f) publish its report as required by section 22;
(g) [Paragraph (g) deleted by section 13 of Act No. 14 of 2013];
(h) assign responsibility to one or more senior managers as required by section 24;
(i) inform its employees as required by section 25; or
(j) keep records as required by section 26.

[Section 36(1)(c) inserted by section 9(b) of Employment Equity Amendment Act 4 of 2022, Notice No. 3280, GG48418, dated 14 April 2023 - effective 1 January 2025 per Commencement Proclamation 231, GG51684 dated 28 November 2024]

 

(2) If a designated employer does not comply with a written undertaking within the period stated in the written undertaking, the Labour Court may, on application by the Director-General, make the undertaking, or any part of the undertaking, an order of the Labour Court.

[Subsection (2) inserted by section 13 of Act No. 14 of 2013]