Employment Equity Act 2017

The Employment Equity Act aims to eliminate unfair discrimination in the workplace by promoting equal opportunities and fair treatment. The Act applies to all employers, but “designated employers” (who meet the minimum requirements) have additional responsibilities.

Are you a designated employer?

An employer is seen as a “designated employer” when the following is applicable:

  • Employers who employ 50 or more employees, OR
  • Employers who employ less than 50 employees, but have at least an annual turnover as per the respective sectors set out below:
AgricultureR6 million
Mining and QuarryingR22.5 million
ManufacturingR30 million
Electricity, Gas and WaterR30 million
ConstructionR15 million
Retail, Motor trade and Repair servicesR45 million
Wholesale trade, Commercial agents and Allied tradersR75 million
Catering, Accommodation and other TradeR15 million
Transport, Storage and CommunicationsR30 million
Finance and Business servicesR30 million
Community, Special and Personal servicesR15 million

Obligations of a “designated employer”:

  1. Appointing a Senior Employment Equity Manager and establishing a committee – developing implementing and monitoring the plan, hold regular consultations.
  2. Drafting an analysis (EEA12) – what are the challenges and action measures in the workplace.
  3. Drafting an Employment Equity plan (EEA13) – how does the employer propose to establish employment equity in the workplace.
  4. Submitting Employment Equity reports (EEA2 and EEA4) – reporting information on progress made regarding the implementation of the plan

Deadlines? 

The submission dates are as follows:

  • 2 October 2017 for hand submissions at your local Department of Labour
  • 15 January 2018 for electronic submissions

What is the reporting period?

The reporting period for the Employment Equity reports is from 1 October 2016 to 30 September 2017 and must be repeated annually.

Take note:

A designated employer can receive a fine of up to R2.7 million or 10% of their annual turnover (whichever is the greatest), due to noncompliance with these requirements.

The LWO can assist you with:

Consultation as facilitation

During consultation the LWO assists with the drafting of an analysis, an employment equity plan and other applicable documentation, as well as all other aspects to ensure compliance with the Employment Equity Act.

The LWO can also act as facilitator to establish a committee and holding consultations to ensure that you follow the correct procedure.

Drafting Employment Equity reports (EEA2 and EEA4)

The LWO assist with the processing and compiling of information, as well as submitting of reports. We have also prepared documentation to assist you with the process. The LWO can send you this documentation via e-mail or fax, as well as offer assistance to process and compile the information and submit the reports.

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LWO Regsadviseur - LWO Legal Advisor

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