legal requirements for recruitment and selection in south africa

This section proceeds to provide, however, that an employer is NOT deemed to have discriminated unfairly against an employee (including a candidate) where that employer: ? Conducted by a panel, including the hiring manager, this interview helps us to understand your career interests, educational background… The policy defines the objectives to be met in the implementation of Recruitment and Selection which are aimed at attracting competent individuals to fill a position with the most suitable applicant. Distinguishes, excludes or prefers any person based on an inherent requirement of a particular job. to read the full article. It is indirect discrimination when you choose someone based on criteria, which at first glance might seem reasonable, but on closer inspection, it excludes a large portion of people, i.e. Log in • All necessary documentation has been clearly authorised according to the delegated powers. The following model can therefore be used to determine whether unfair discrimination is occurring: ? This contract allows you to access details of the offer and employment conditions. (See, There is no legislation that expressly governs job offers. Access to the International product requires a subscription. Copyright © 2021 LexisNexis Risk Solutions Group, Updates - key employment law developments, Useful contacts - legal service providers, legal services provided by the author of XpertHR International > South Africa, Employers are prohibited from unfairly discriminating, directly or indirectly, against an employee or job applicant, in any employment policy or practice, on any ground or grounds. Don't have a log-in? The person’s application for employment is formally recorded … Menet Hamel of Global Business Solutions [email protected], Transcend Corporate Advisors is a leading BEE consulting and strategy advisory firm that offers a suite of transformation services and solutions to South African corporates and. What documents do I need to register my uFiling account? Use of the service is subject to our terms and conditions. How To Improve Your Focus and Limit Distractions, Invitation to our online workshop: Restoring Your Workplace Effectiveness, World Knowledge Olympiad: Grade 8 to Grade 12 Learners, First Time Homebuyers Can Look Forward To This, Transcend Corporate Advisors and Training, COVID-19 Corona Virus South African Resource Portal. In Section 7 of the EEA medical testing of applicants or employees for any medical condition is prohibited unless such testing is permitted or required by legislation or it is justifiable in view of medical facts, employment conditions, social policy, the fair distribution of employee benefits or the inherent requirements of a job. The materials and information included in the XpertHR service are provided for reference purposes only. Question 1: Is the candidate being treated differently? Original and updating authors: Helen Wilsenach and Pascale Towers, Bowmans, Consultant editor: Bongani Masuku, Cliffe Dekker Hofmeyr. (See Foreign nationals ) Legislation requires "designated employers" to take affirmative action measures to redress the disadvantages in employment … ? In Section 6 of the EEA unfair discrimination is prohibited in recruitment, selection, promotion, transfer and related employment practices and decisions. This is followed by a written contract. When recruiting staff, employers should understand and keep up to date with their legal obligations, making sure their recruitment and selection … (See. To be able to recruit and select in a fair, equitable and transparent manner, they need to apply fundamental principles as prescribed by legisla- tion. 55 of 1998 and the Labour Relations Act, No. RECRUITMENT SELECTION AND APPOINTMENT POLICY CONTENTS: 1. The Selection Panel will consist minimum three gender balanced members who are employees of a grading equal to or higher than the grading of the post to be filled from Public Service or any other suitable persons outside the … SELECTION PRINCIPLES 5. To be eligible for appointment to a role, candidates must meet at least 70% of the requirements of that role, including baseline requirements as identified in the key selection criteria. The recruitment, selection and placement of personnel is done in terms of the legal framework applicable to the Institute, namely: 4.1 Constitution of the Republic of South Africa, 1996; 4.2 Companies Act 71, 2008; 4.3 Employment Equity Act, 1998; 4.4 Skills Development Act, 1998; 4.5 Basic Conditions of Employment Act, 1997; practices of recruitment and selection and could aid the design of similar models at other public institutions. RECRUITMENT PRINCIPLES 4. AN ASSESSMENT OF THE RECRUITMENT, SELECTION AND RETENTION OF TECHNICAL STAFF IN THE LIMPOPO DEPARTMENT OF AGRICULTURE By MOLOKO PHINEAS LETSHOKGOHLA Submitted in accordance with the requirements for the degree of MASTER OF ARTS In the subject PUBLIC ADMINISTRATION at the UNIVERSITY OF SOUTH AFRICA … As such, the process model could serve as a best practice instrument for effective recruitment and selection processes and practices in South African government departments. This means that recruitment procedures, advertising and selection criteria must be fair and based on inherent job requirements that are justifiable and defensible. ? Takes affirmative action measures consistent with the purposes of the EEA ; or (See, Other than certain provisions on the testing of candidates and non-discrimination provisions, there is no specific legislation regulating recruitment and selection practices in the private sector. Key words: Recruitment, selection, recruitment and selection practices, the Department of Public Works in the Free State province, service delivery mandate Legislation clearly stipulates for the principle of public service delivery to all the citizens of the country. Any foreign national wishing to work in South Africa can do so only if a valid visa or permission covering the work has been issued by the Department of Home Affairs. In Section 5 of the EEA all employers are obliged to take positive steps in order to promote equal opportunity in the workplace and must eliminate unfair discrimination in their employment policies or practices. Application Blank. Section 9 of the EEA defines "employee?- for purposes of sections 6, 7 and 8 to includes an applicant for employment. RECRUITMENT AND SELECTION PROCESSES IN THE JOHANNESBURG METROPOLITAN POLICE DEPARTMENT (JMPD) by . Within any organization certain norms and standards apply during the recruitment and selection process. Equality Act and Protected Characteristics. o Selection processes are not seen as a credible by persons with disabilities. If you treat applicants with fairness, dignity and respect during your recruitment process you will have the majority of the legal requirements covered. Module 2: Recruitment Policy. How to pay and renew your vehicle license online? See the legal services provided by the author of XpertHR International > South Africa, including any discounts/offers for subscribers. The policy is an overarching policy that aims to ensure that recruitment and selection processes are in accordance with fair labour practices consistent with the requirements of the Employment Equity Act, No. This policy covers the following issues: Recruitment and Selection Practices. o Adverts do not target persons with disabilities. It can only be fair if it is based on an inherent job requirement or if it is based on the EE plan of the company (Affirmative Action measures). Legal Requirements in Recruitment and Selection . Discover the power of our expert insight, trusted resources, data analysis and practical tools today. Thank you to our colleagues at Effective HRM for these bullet points - please contact them directly for more information.. Candidates are selected for appointment according to their ability, qualifications and competencies required to fulfil the job requirements… The principles of recruitment and selection have been stated as follows: (Recruitment and Selection, 2013). The following policy statements* will be included in your export: *Use of this material is governed by XpertHR’s Terms and Conditions. The key areas of law affecting recruitment and selection include discrimination, the right to work in the UK, criminal records checks and data protection. The Equality … Module 3: Relevant Legislation and unfair discrimination. As you can see there are many legal considerations with regards to recruitment, however many of which in all reality are common sense. Role Specification and Pre-selection Criteria Form. For more information email recruitment and selection and each department is expected to further develop their own policy. Module 6: What is the meaning of the term "suitably qualified". Specifically, the EEA outlaws unfair discrimination, directly or indirectly, in any employment policy or practice, on one or more grounds. It is the task of national and provincial government … In Section 8 of the EEA psychometric testing is also prohibited unless the test being used has been scientifically validated as providing reliable results, can be fairly applied to all employees, and is not biased against any employee or group. This means that recruitment procedures, advertising and selection criteria must be fair and based on inherent job requirements that are justifiable and defensible. Summary. Published in the Republic of South Africa by: THE PUBLIC SERVICE COMMISSION Public Service Commission House Office Park Block B 536 Francis Baard Street Arcadia Private Bag X121 Pretoria, 0001 Tel: +27 12 352-1000 Fax: +27 12 321-3348 Email: info@opsc.gov.za Website: www.psc.gov.za National Anti-Corruption … ? They are not intended either as a substitute for professional advice or judgment or to provide legal or other advice with respect to particular circumstances. By Bradley Workman-Davies, Director and Megan Livingstone, Candidate Attorney. Selection The Executing Authority or any other delegated person shall appoint Selection Panel. 6.2.2 Validation of inherent requirements The inherent requirements of a job must reflect the needs of the Municipality and This is a preview. Job and Skills Exchange Portal and the Recruitment and Selection, Public Service HRWeb page. Master of Public Administration . Question 2: Is the differential treatment based on a prohibited ground (e.g. (See, There are various rules regarding work carried out by young people and children. (See, Legislation requires "designated employers" to take affirmative action measures to redress the disadvantages in employment experienced by "designated groups". RECRUITMENT PROCESS 5.1 Replacement of an existing incumbent who has resigned, been dismissed, retired or passed away. • Job description, job levels, qualification and experience requirements are correctly stated. if you choose to interview or not to interview an applicant or by choosing one candidate over another. • A Recruitment and Selection Policy Human Resources must ensure that: • All relevant documentation has been received. Module 1: Introduction. Submit your CV today! race, gender, belief, etc) it is viewed as discrimination. Discrimination means to act on the basis of difference. Permanent and temporary positions available | Call us on 00 27 87 630 0325 for more information. Jobboard Finder can help you with your recruitment campaign in South Africa as it is the largest search engine and comparison website for job boards. SCOPE AND APPLICATION 3. Legal mandate 2.1 The recruitment, selection and placement of personnel is done in terms of the legal framework applicable to the South African public service, namely the – • Constitution of the Republic of South Africa, 1996; … The first point to identify about recruitment is that it is a process with a number of key This will especially be the case if the employer tries to take irrelevant factors into account in the selection and recruitment ... GoLegal is a leading industry news and information portal for the South African legal sector, catering … Module 7: … Chapter two of the Employment Equity Act (EEA) deals with Unfair Discrimination and has a significant impact on the nature and extent of recruitment and selection from a statutory point of view. only people with their own cars need apply for the sales positions. Question 3: Is this fair discrimination? Nkateko Samson Mashaba . Discrimination can be direct or indirect. as recruitment and selection is concerned. In Section 6 of the EEA unfair discrimination is prohibited in recruitment, selection, promotion, transfer and related employment practices and decisions. race, gender, language, age, etc)? Equality Act 2010 – it is unlawful to discriminate in employment - including recruitment and selection - on the grounds of the following … (See, Any foreign national wishing to work in South Africa can do so only if a valid visa or permission covering the work has been issued by the Department of Home Affairs. (Indirect discrimination). Reports. Section 57 of the EEA states that where a Temporary Employment Service (TES) commits an act of unfair labour practice on the express or implied instruction of a client, both parties are jointly and severally liable. 5. https://www.laboursmart.co.za/document/details/6bba6a72-89ea … The Constitutional and legal mandate for the DPSA necessitates that employees with appropriate sets of professional, general and specialised com-petencies are recruited from the widest pool of talent, reflecting the South Afri-can society at large to ensure excellent service delivery and to spearhead the reality of a better life for all. Please press Ctrl/Command + D to add a bookmark manually. XpertHR is part of the LexisNexis® Risk Solutions Group portfolio of brands. 5.2 Recruitment … UNIVERSITY OF SOUTH AFRICA . Recruitment and selection practices are inadequate and not strategically aligned resulting in it being a constraint due to the following: o Adverts are not accessible to persons with disabilities. 6.2.1 Determining recruitment needs Prior to filling a post, the necessity for filling shall be assessed and motivated electronically or otherwise by the relevant Director to the Municipal Manager or his delegatee. Induction. Following pre-employment screening and offer approval: A verbal offer will be made by the Talent Acquisition representative. The Equality Act 2010. Armstrong Appointments are one of South Africa's top recruitment agencies - With over 10 years of recruiting experience in the Legal industry. of 2015. (See, There is no legislation that specifically regulates job advertisements, except in terms of non-discrimination. This policy, and therefore all recruitment and selection practices, must take the following into account: • The need to meet the requirements of the Constitution of South Africa and the Employment Equity Act; • The need to be consistent with any agreements with the National Education, Health and If yes, it is direct discrimination. In South Africa an employee’s services can be terminated as a result of his/her misconduct or incapacity or as a result of the employer’s operational requirements. With over 1000 job boards from around the world displayed on our site, job seekers and recruiters alike can search and compare all the latest information and prices to find which e-recruitment … For example, it is direct discrimination if you pick someone because he is a male. The answer will generally be yes, i.e. 2. The EEA defines medical testing in particularly wide terms so as to include any test, question, inquiry or other means aimed at establishing the existence of any medical condition. When this differentiation is based on human characteristics (i.e. If we consider that you are a potential candidate for the position, you will be invited to attend face-to-face interviews. SUPERVISOR: Prof. SR … However, if … The Recruitment, Selection and Induction Policy applies to all permanent and non-permanent employees in the AGA Corporate Office. at the . If no, then what was the reason for differentiation? View our privacy policy, cookie policy, supported browsers and access your cookie settings. The EEA requires that this discrimination must be fair and legally justifiable. Module 4: Assessment of the requirements for the specific vacancy or position. Fair Employee Assessment for Selection. OBJECTIVES 2. In the case of the Public Service, these standards are determined by the Minister for Public Service and Administration through the Public Service Regulations and are supplemented by the departmental policies on recruitment and selection. Your browser does not allow automatic adding of bookmarks. Module 5: Compiling the job profile. submitted in accordance with the requirements for the degree of . However, to be able to do this, they need departmental policy as an ena bling tool to guide their strategies and actions.

How To Upload Files To Google Drive, Summer Sanders 2021, Uc Berkeley Structural Engineering, Discord Reaction Ticket Bot Github, Candlelight Service Songs,