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Compliance

Employment Equity

The Employment Equity Act 55 of 1998 is a legislative framework that emphasises equity in the workplace to ensure that all employees receive equal opportunities and are treated fairly by their employer. This law protects employees from any unfair treatment or any form of discrimination.

Who must comply to the EE Act?

All designated employers who employ 55 or more staff and/or who have a total annual turnover per industry sector as stipulated on Schedule 4 of the Act. Employers can also volunteer to become designated employers.

What goes into full compliance?

    • Nominations of representatives
    • Committee Constitution
    • Appointments of elected committee members

  • Designated employers must conduct an Analysis of the employment policies, procedures, practices & working environment to be able to identify employment barriers that have an adverse effect on members of the designated groups (Black, Indian, Coloured, Women and people with disabilities).
  • The analysis must also include the developments of a Workforce Profile to determine to what extend designated groups are under-represented in the workplace.

    • Designated employers must prepare and implement a plan (1 to 5 year) to achieve EE which will be the “driving” factor or Employment Equity within your organisation. This plan must include:
      • Have yearly objectives
      • Include Affirmative Action measures
      • Numerical goals achieving equitable representation
      • Monitoring and evaluation

    • This report specifies the workforce profile numbers along with the staff movements for a 12 month period.
    • Designated employers must submit their report annually on the first working day of October or by 15 January of the following year in the case of electronic reporting.

    • This report specifies the income differential across all occupational levels, race and gender within the organisation.
    • It also indicates the vertical remuneration gap percentage that exists in the organisation.
    • Designated employers must submit their report annually on the first working day of October or by 15 January of the following year in the case of electronic reporting.

No longer a designated employer cant submit reports?

In the event that your organisation can no longer meet the requirements stipulated by the Act to be a designated employer the Director-General must be notified by submitting an EEA14 form stating the reason for the application of deregistration.

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