How to complete the EEA7 (Department of Labour Employment Equity section43 assessment

How to complete the EEA7 (Department of Labour Employment Equity section43 assessment?

How to complete the EEA7 (Department of Labour Employment Equity section43 assessment

How to complete the EEA7 (Department of Labour Employment Equity section43 assessment?

The Department of Labour will email the notice of assessment EEA7 form to the organisation approximately two weeks prior to an inspection. The EEA7 form with all the relevant proof, reports and records MUST be completed before the deadline date and returned to the Labour Inspector either on the day of the inspection or prior to the inspection.

The form is divided into several sections each dealing with a specific section of compliance in the employment equity act

Section A

The Organization details, employees currently employed by the organisation. This information is contained in the EEA2 form submitted to the Department

Section B

The assigned EE manager (section 24), the organisation must provide proof to the assignment of the senior employment equity manager as well as the person’s mandate and responsibilities this includes the letter of appointment of the person. To appoint the responsible person or employment equity manager read How to: Appoint the Responsible Person or Employment Equity Manager

Section C

Although the section heading is consultation, the actual evidentiary proof revolves around the composition of and the establishment of the employment equity committee. In order to comply the organisation must provide the employment equity committee minutes of all meetings out for the previous 12 months accompanied by the agenda and signed attendance registers. To establish the employment equity committee or workers forum read How to: Appoint the Employment Equity Committee and Workplace forum

Section D

The employment equity analysis, the evidence and proof required for the section are based on assessment and requirements of the EEA12 form. This deals mainly with the assessment and analysis of the organisation before the actual changes made to the organisation in other words what the employment equity committee found during the analysis. It is therefore important to note that all documentation and correspondence be signed off by the employment equity committee before submission to the Department of Labour. To read more about the EEA12 and the requirements of analysis in terms of this form click here EEA12

Section E

The employment equity plan and the EEA13 in particular affirmative action and transformation in the organisation. This section deals with both the current employment equity plan in place as well as the employment equity plan prior to the current plan, thus the Department Employment Labour requires two plans over a period of five years. If the organisation does not have a previous plan on file include a letter from the employment equity committee as well as the employment equity manager why there is only one plan available.

Also, if the organisation has a consolidated or combined plan each one of the individual plans for each operation must be included together with the consolidated or combined plan. The employment equity plan must contain all the requirements of the EEA13 transformation and affirmative action within the organisation. To read more or to create it click here Employment Equity Plan and EEA13

Section F

The EEA4 submitted to the Department of Employment Labour. The Department Employment Labour requires evidentiary proof of the analysis of income and the differentials within the organisation as well as a detailed explanation why the disparities exist specifically between employees on the same level of seniority within the organisation. In certain cases, an additional form is attached for the organisation employment equity committee complete.

To comply with this evidence, attach a copy of the submitted EEA4 as well as the analysis of the income differentials and a breakdown of the disparities between Employees. The document must be signed by the entire employment equity committee as well as the financial officer of the organisation. To read more or to create it click here EEA4

Section G

A declaration by the chief executive officer and the accounting officer of the organisation declaring that the information provided to the Department Employment Labour is true and current.

For Reference.

Employment Equity Act

SECTION 24. Designated employer must assign manager

24. (1) Every designated employer must-

(a) assign one or more senior managers to take responsibility for monitoring and implementing an employment equity plan:

(b) provide the managers with the authority and means to perform their functions; and

(c) take reasonable steps to ensure that the managers perform their functions.

(2) The assignment of responsibility to a manager in terms of subsection (1) does not relieve the designated employer of any duty imposed by this Act or any other law.

SECTION 43. Review by Director-General

43. (I) The Director-General may conduct a review to determine whether an employer is complying with this Act.

(2) In order to conduct the review the Director-General may-

(a) request an employer to submit to the Director-General a copy of its current analysis or employment equity plan;

(b) request an employer to submit to the Director-General any book. record, correspondence, document or information that could reasonably be relevant to the review of the employer’s compliance with this Act;

(c) request a meeting with an employer to discuss its employment equity plan, the implementation of its plan and any matters related to its compliance with this Act; or

(d) request a meeting with any-

(i) employee or trade union consulted in terms of section 16;

(ii) workplace forum; or

(iii) other person who may have information relevant to the review.

SECTION 44. Outcome of Director-General’s review

44. Subsequent to a review in terms of section 43, the Director-General may-

(a) approve a designated employer’s employment equity plan; or

(b) make a recommendation to an employer, in writing, stating-

(i) steps which the employer must take in connection with its employment equity plan or the implementation of that plan, or in relation to its compliance with any other provision of this Act; and

(ii) the period within which those steps must be taken; and

(iii) any other prescribed information.

SECTION 45. Failure to comply with Director-General’s recommendation

45. (1) If an employer fails to comply with a request made by the Director-General in terms of section 43(2) or a recommendation made by the Director-General in terms of section 44(b), the Director-General may apply to the Labour Court—

(a) for an order directing the employer to comply with the request or recommendation; or

(b) if the employer fails to justify the failure to comply with the request or recommendation, to impose a fine in accordance with Schedule 1 on the employer.

(2) If an employer notifies the Director-General in writing within the period specified in a request or recommendation that it does not accept the request or recommendation, the Director-General must institute proceedings in terms of subsection (1) within—

(a) 90 days of receiving the employer’s notification, in the case of a request; or

(b) 180 days of receiving the employer’s notification, in the case of a recommendation.

(3) If the Director-General does not institute proceedings within the relevant period contemplated in subsection (2), the request or recommendation, as the case may be, lapses.

(4) Any challenge to the validity of the Director-General’s request or recommendation may only be made in the proceedings contemplated in subsection (1)

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Stephan du Toit

Stephan du Toit

Senior Advisor Employment Equity. Specialist in emergency Employment Equity and Labour compliance for organisations. Find more information on implementing employment equity in my other articles or visit our website to enroll for the next employment equity training course.

Are you having difficulty with employment equity? Please don't hesitate to contact me.

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