Employment Equity deadline, when and what to submit

This is probably one of the most asked questions we get. There is a long and a short answer, this is the short answer, giving you an overview of what is required, for the long answer check out the specific blogs below.

All designated employers must submit the EEA2 and EEA4 form electronically on the Department of Employment and Labour website from the 1 of October until the 15th of January every year.

The designated employer should also have a completed and detailed EEA13 employment equity plan in place and available for inspection by the Department of Labour.

List of tasks to complete to comply with the Employment Equity Act.

To comply with the employment equity act the organisation must;

Appoint a senior executive as the employment equity responsible manager.
Elect, appoint and train a committee and workplace forum.
Consult with all employees on the process and procedures of employment equity.
Analyse, do projections and compile the Employment Reports.
Analyse, do projections and compile the Employment Plan.
Implement the Code of good practice, and policies & procedures required.
Submit all reports to the Department on or before the due date.
Monitor the transformation progress and keep administrational records.

This is by no means the full compliance list but only an abridged list as per the terms of EMPLOYMENT EQUITY ACT 55 of 1998, Section 21, 27. The full employment equity compliance is much more comprehensive.

Find more in-depth information on compliance from my other blogs.

Find more information on how to implement employment equity in my other articles or visit our website to enrol for the next employment equity training course.

Reference.

EMPLOYMENT EQUITY ACT 55 of 1998, Section 21 “Report”

21. (1) A designated employer that employs fewer than 150 employees must-

(a) submit its first report to the Director-General within 12 months after the commencement of this Act or, if later, within 12 months after the date on which that employer became a designated employer; and

(b) thereafter, submit a report to the Director-General once every two years, on the first working day of October.

(2) A designated employer that employs 150 or more employees must-

(a) submit its first report to the Director-General within six months after the commencement of this Act or, if later, within six months after the date on which that employer became a designated employer; and

(b) thereafter, submit a report to the Director-General once every year on the first working day of October.

(3) Despite subsections (I) and (2), a designated employer that submits its first report in the 12-month period preceding the first working day of October, should only submit its second report on the first working day of October in the following year.

(4) The reports referred to in subsections (1) and (2) must contain the prescribed information and must be signed by the chief executive officer of the designated employer.

(5) An employer who becomes a designated employer in terms of this Act must-

(a) report as contemplated in this section for the duration of its current employment equity plan, and

(b) notify the Director-General in writing if it is unable to report as contemplated in this section, and give reasons therefor.

(6) Every report prepared in terms of this section is a public document.

EMPLOYMENT EQUITY ACT 55 of 1998, Section 27 “Income differentials”

27. (1) Every designated employer, when reporting in terms of section 21(1) and (2), must submit a statement, as prescribed, to the Employment Conditions Commission established by section 59 of the Basic Conditions of Employment Act, on the remuneration and benefits received in each occupational category and level of that employer’s workforce.

(2) Where disproportionate income differentials are reflected in the statement contemplated in subsection (1), a designated employer must take measures to progressively reduce such differentials subject to such guidance as may be given by the Minister as contemplated in subsection (4).

(3) The measures referred to in subsection (2) may include-

(a) collective bargaining:

(b) compliance with sectoral determinations made by the Minister in terms of section 51 of the Basic Conditions of Employment Act;

(d) relevant measures contained in skills development legislation;

(e) other measures that are appropriate in the circumstances.

(4) The Employment Conditions Commission must research and investigate norms and benchmarks for proportionate income differentials and advise the Minister on appropriate measures for reducing disproportional differentials,

(5) The Employment Conditions Commission may not disclose any information pertaining to individual employees or employers.

(6) Parties to a collective bargaining process may request the information contained in the statement contemplated in subsection (1) for collective bargaining purposes subject to section 16(4) and (5) of the Labour Relations Act.