Explore the latest news on the EE amendments…

Companies are reminded that they have to set their own annual employment equity (EE) targets, and then aim to meet them. This is towards achieving the five-year sector EE targets , and to comply with the law (once the new EE Act comes into force).

The Department of Employment and Labour’s Deputy Director for EE, said employers would be assessed on “own set annual EE targets”. He said: “These are not quotas as there is flexibility for employers to set their own annual EE targets to be measured on.”

The economically active population (EAP) information (published by Statistics South Africa) is the guiding tool that must be used by employers when consulting with employees, conducting an analysis and when preparing and implementing EE plans.

He said the sector EE targets are a benchmark (or a milestone) with built-in flexibility, giving employers some power to self-regulate and consult employees.

The main objectives of the Employment Equity Amendment legislation include the following:

  • To reduce the regulatory burden for small employers (under 50 employees).
  • To empower the Minister to regulate the sector specific numerical EE targets.
  • To promulgate Section 53; (involves any service or supply to government).
  • To strengthen compliance, including the issuing of EE compliance certificates.

DEPT OF LABOUR WORKSHOPS

These smaller employers would still be expected to comply with the provisions of the National Minimum Wage and ensure that they do not have CCMA unfair discrimination Awards against them in the previous 12 months.

It was reiterated that the current status quo in regard to the implementation of Employment Equity Act will remain in place until the proclamation date is signed into law.

The Department and CCMA 2023 Employment Equity is hosting national workshops under the theme: “Real transformation makes business sense”.

The focus of this year’s workshops will be to create awareness on the recently promulgated EE amendments, sector targets and regulations; EE impact in the labour market; demonstration of the online EE system to incorporate the amendments and generate certificates of compliance; presentation of the CCMA’s case law on EE; reporting on EE and the Commission for Employment Equity (CEE) Annual Report launch outcomes.

Check the Dept of Employment and Labour’s website for details on these workshops, that will run until 29 August 2023.

DEPT OF LABOUR WORKSHOPS