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Companies would have received the standard “Reminder” letters beginning of September 2022 for the annual Employment Equity Reporting, which is for the period of October 2021 to September 2022.
The Employment Equity (EE) Act of 1998 was amended to empower the Employment and Labour Minister to regulate sector specific EE targets and to regulate compliance criteria to issue EE Compliance Certificate in terms of Section 53 of the EE Act. This Act will come into force on the first of September 2023.
Expected changes for 2023:
- Designated employer turnover threshold to be removed.
- Employers with less than 50 employees will not be ‘designated’ therefore excluded from Chapter III (Affirmative Action) & Equity reporting.
- Section 53: A ‘Certificate of Compliance’ is required for tenders, etc. but ‘non-designated’ employers can tender as long as they comply with Chapter II (Unfair Discrimination) and with the National Minimum wage.
- Sector Targets: discussions to set targets started in June 2019 and will be expected to be completed by the end of September 2022. The sectoral targets will be published “in due course” for public comment (should include changes to EEA2 reports). Previous year’s Equity Plans will not be compatible with the new Sectoral requirements.
The reporting has been amended accordingly, however if you think that the new EEA Bill exempts you from reporting, it does not and you will have to complete the EEA Reports!! It is still a Bill and not signed into law by the President yet!
We are available to assist you to comply. The services offered are as follows:
- EEA2 and EEA4 reporting.
- For 2023 assisting with obtaining “Compliance Certificate” and assist with the changes in the EE reporting and EE Plan with regards to sector targets.
- We can assist non-designated employers in obtaining a Certificate of Compliance.
This article is a general information sheet and should not be used or relied upon as professional advice. No liability can be accepted for any errors or omissions nor for any loss or damage arising from reliance upon any information herein. Always contact your financial adviser for specific and detailed advice. Errors and omissions excepted. (E&OE)
