Employment Equity Act

Jan 18, 2015 | Articles

According to the Employment Equity Act, Act 55 of 1998, designated employers (employers who meet the minimum requirements) are under a legal obligation under Section 20 & 21 of this Act, to annually submit reports (EEA2 and EEA4) to the Department of Labour and to have an Employment Equity plan (EEA13) in place.

Are you a designated employer?

Designated employers are obliged to comply with the requirements set by the Employment Equity Act. The amendment to the Employment Equity Act came into effect on 1 August 2014 and mainly affects who is seen as a designated employer, as well as how often reports must be submitted to the Department of Labour.

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:
AgricultureMining and QuarryingManufacturing Electricity, Gas and Water Construction Retail & Motor Trade and Repair Services Wholesale Trade, Commercial Agents and Allied Services Catering, Accommodation and other Trades Transport, Storage and Communication Finance and Business Services Community, Special and Personal Services

R6.0 million R22.5 million R30.0 million   R30.0 million R15.0 million R45.0 million R75.0 million R15.0 million R30.0 million R30.0 million R15.0 million

Reports (EEA2 and EEA4)

The submission dates are as follows:
  • 1 September 2014 to 1 October 2014 for per hand submissions at your local Department of Labour; or
  • 1 September 2014 to Thursday, 15 January 2015, for electronic submissions
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How often must the reports be submitted?

One of the major amendments that came into effect on 1 August 2014, determines that reports must be submitted annually, irrespective of the amount of employees employed. No distinction is made any longer between designated employers who employ more, or less than 150 employees.

What is the reporting period?

The reporting period for the Employment Equity reports is determined as the period from 1 October 2013 to 30 September 2014 and must be repeated annually.

Employment Equity plan (EEA13)

According to Section 20 of the Employment Equity Act, all designated employers must have an Employment Equity plan in place. This plan is valid between 1 to 5 years and must be available on the premises for inspection.

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