Competitive advantage of a company can be generated from human resources (HR) and company performance is influenced by set of effective HR practices. Under present market forces and strict competition, the Telecom companies are forced to be competitive, Telecom companies must seek ways to become more efficient, productive flexible and innovative under constant pressure to improve results.
As a starting point, a brief summary of the contents reflects that matters addressed are Implementing E.E. ; Commencing Employment ; Job Descriptions ; Job Analysis ; Recruitment & Selection ; Induction procedures ; Probation matters ; Impacts on Employment Equity ; Harassment ; Discipline, Grievances and disputes ; Terminating Employment ; Exit Interviews ; Interviewing and short-listing job applicants ; Medical, Psychological and similar assessments ; Terms and Conditions of Employment ; Remuneration – equal pay for equal work or for work of equal value ; Advertising job vacancies ; Performance management ; Skills development ; Promotions and transfers ; and so the list grows. Based only on those topics mentioned above, employers will realize that this is not a document to be ignored or treated lightly. Code of Good Practice on the Integration of Employment Equity into Human Resource Policies and Practices The Code clearly sets out how employers should integrate the Employment Equity requirements into its human resources policies and procedures. It is very comprehensive in its coverage, and on a number of things extremely specific. A further amendment is the amended Code of Good Practice on Sexual Harassment, which we will also be examining in detail and will cover in a series of weekly article. This amended Code was also published in the above gazette. Coverage includes The Test for Sexual Harassment; Factors to establish sexual harassment; Guiding Principles; Sexual Harassment Policies ; Procedures ; and Disciplinary Sanctions. To establish the legality of the Code, it has been issued in terms of section 54 of the Employment Equity Act.
This Code must also be read in conjunction with:
[a] the Labour Relations Act, (LRA)
[b] The Code of Good Practice on Sexual Harassment (which we will address in future issues of the S.A. Labour Guide weekly newsletter.) [c] The Code of Good Practice on the Preparation, Implementation & Monitoring of Employment Equity Plans, and [d] The Technical Assistance Guidelines on Employment of People with Disabilities and lastly the Code of Good Practice on Key Aspects of HIV/AIDS [e] The Basic Conditions of Employment Act (BCEA)
[f] The Skills Development Act (SDA)
[g] The Promotion of Equality and Prevention of Unfair Discrimination Act. (PEPD) [H] THE Employment Equity Act. (EEA)
So there we have no less than five Codes of Good Practice and four Acts of Parliament each basically dealing (to a greater or lesser degree) with the elimination of unfair discrimination. Sit back, take a deep breath, swallow an aspirin and have a cup of tea..!! The Code applies to all employers who are covered by the Employment Equity Act. Chapter 2 of the EEA (Prohibition of Unfair Discrimination) applies to all employers. The remainder of the Act applies to:
[a] any employer who employees 50 or more employees
[b] any employer who employs less than 50 employees but has a total annual turnover that is equal to or above the applicable annual turnover of a small business in terms of schedule 4 to the Act. Municipalities and some organs of state are included.
It does not state that the guidelines must be incorporated into your EE planes – it states that they should be incorporated……. In other words, that would imply that it is a recommendation – but the final decision is yours.
This Code actually refers to many aspects that are entrenched in the Employment Equity Act, and which will be...