Employment Equity


What is the Employment Equity Act?
The Act was established in 1998 to address unfair discrimination and ensure equality in the work place. Its aim is to promote equal opportunities and fair treatment to all and to implement measures to protect those disadvantaged in the past by unfair discrimination.
All organisations with 50 or more employees need to comply with the Act.  Organisations with fewer than 50 employees might also need to comply with the Act, depending on the annual turnover for the specific industry as tabled below.

 

Subsector
Total annual turnover
 Agriculture
R6.00m
 Mining and quarrying
R22.50m
 Manufacturing
R30.00m
 Electricity, gas and water
R30.00m
 Construction
R15.00m
 Retail and motor trade and repair services
R45.00m
 Wholesale trade, commercial agents and Allied services
R75.00m
 Catering, accommodation and other trade
R15.00m
 Transport, storage and communications
R30.00m
 Finance and business services
R30.00m
 Community, social and personal services
R15.00m
Employment Equity
The EE system is a tool to support the objectives of the Employment Equity Act.
The Act has the following objectives:
Promoting equal opportunity and fair treatment in employment through the elimination of unfair discrimination; and Implementing affirmative action measures to redress the disadvantages in employment experienced by designated groups, to ensure their equitable representation in all occupational levels in the workforce.

Who must report in 2015…
  • All designated employers with 50 or more employees.
  • Employers with fewer than 50 employees who are designated in terms of the turnover threshold applicable to designated employers (Schedule 4 of the Employment Equity Amendment Act No. 47 of 2013).
  • Employers who have become newly designated on or after the first working day of April, but before the first working day of October, must only submit its first report on the first working day of October in the following year.
  • Employers who voluntarily wish to comply in terms of section 14 of the EE Act.
  • All designated employers must report every year

How can Eskilz help you?
We can help you comply with the Employment Equity Act by offering a variety of different services all adaptable to meet your organisations needs. From assisting in the coordination of appointing an Employment Equity Manager to the completion of EEA1 forms, we guarantee that you’ll be able to comply with these regulations with our help.
The time it takes to become compliant is all dependent on your organisation and the scope of work that needs to be completed.
Not complying with the Act could land your organisation with a fine from the Department of Labour who conduct random inspections regularly.
The benefits of you compliance are numerous. Some include:
  • The opportunity to fast track the process towards creating a diversified work force;
  • It will safeguard you from huge fines; and
  • It is a chance to increase your BEE score through the EE element of the score card.
Eskilz has over 13 years of experience helping organisations like yourselves develop through a number of different programs and avenues.Deadline for submission is
A summary of all the Employment Equity (EEA) forms
EE Form Purpose of Document How To Use/Submit Document
EEA1 – Employment Equity Declaration By Employee To assist employers with the analysis of workforce profile. To get information from workers on a voluntary basis. To be filed in the EE file – not to be submitted to DoL
EEA2 – Employment Equity Report Meet the DoL’s reporting requirements in terms of employer details, workforce profile, goals & targets. On-line (preferred)Hand deliveries Post/courier (not- recommended)
EEA3 – Summary of Employment Equity Act, Act 55 of 1998 To inform employees about the provisions of the Act. Display a summary of the EE Act in the workplace, visible to all employees. Copies of the EE Act can also be provided to employees
EEA4 – Income Differential Statement To report on the income differentials/ disparities Submit together with EEA2On-line (preferred)Hand deliveries (accepted)Post/courier (not- recommended)
EEA5 – Undertaking by Employer to comply with Employment Equity Act Undertaking by Employer to comply with the EE Act. Failure to comply with the EEA5 will result in EEA6 being issued. Labour Inspector to issue
EEA6 – Compliance Order To enforce compliance in terms of the Act (Section 36 paragraph a-j) Labour Inspector to issue.Employer must display this document in the workplace.Employer must comply in time or object to the DG within 21 days
EEA7 - Objection against compliance order For an employer to object against the compliance order issued by a Labour Inspector. Submit to the Office of the Provincial Director that issued the compliance order. Provide/display a copy to employees including the Trade Union
EEA8 – Demographic Data Demographical data published by Statistics SA to indicate:

  • Economically active population by province
  • Economically active population by race & gender
  • Occupation by province (according to occupational category)
  • Occupation by race & gender
This information can be made available to the EE Committee/Forum members on request.
EEA9 - Occupational Levels For the Employer to categorize the different positions in the organisation according to a semantic scale or job grading system (e.g. Peromnes, Patterson, Castellion, Hay). This information (classification) will be used when completing the EEA2 and EEA4 documents
EEA10 – Occupational Categories Was used in the past to categorize the different positions in the organisation according to occupational categories (e.g. legislator, clerk, plant & machine operator, etc.) N/a
 EEA11 – Application for EE Report  To request an EE report from Eskilz  Provide by Eskilz
EEA12 – Summary of progress report Every designated employer that is a public company is required to publish a summary of the EE report in the annual financial statement Publish as part of annual financial statement. No guideline given by DoL.