Now that the Skills Development Submission Deadline has passed, let’s work towards the next deadline to avoid penalties from the Department of Employment and Labour (DEL).

DEL is ready to enforce penalties – read more: https://businesstech.co.za/news/business/579302/more-businesses-fined-for-employment-equity-violations-with-big-regulations-changes-coming/

It is extremely important to comply with the Employment Equity Act (EEA) to avoid penalties being imposed by the DEL. Not only should you have an Employment Equity Plan (EEA13), but the employer must show progress in implementing the plan (EEA12).

In terms of the EEA, all employers with 50 employees or more, or a turnover that is over the relevant industry threshold in Schedule 4, must establish an Employment Equity Committee. The committee must meet at least quarterly to monitor the implementation of the EE plan and may need to meet more regularly during the period when a new EE plan is being drafted.

Note: that the Deadline for the DEL is 15 January each year, but DO NOT leave this until the last minute. The EE reports (EEA2 and EEA4) are a declaration to the DEL on the company’s progress on their EE Plan (EEA13) during the previous 12 months.

The EE committee will need to be consulted on the information contained in the report during the 12 months before reporting to ensure that they are in agreement with the information supplied by the company to the DEL and is a true reflection of the progress made.

The committee’s main role is to conduct an analysis of the workplace, prepare and implement an EE Plan, and assist with the drafting of the report by reporting on those trained, promoted, and recruited. Very often the Employment Equity Committee is often also the Skills Development or Training Committee. As you will be able to see by now skills development goes hand in hand with Employment Equity. The Training ensures that the Employment Equity Committee understand their role and function.

The Act does not specifically assign duties and tasks to the Employment Equity manager, and it is the employer who remains responsible for the implementation of the provisions of the Act, the employment equity manager will be entrusted with the following tasks:

• The EE Manager should sign an Appointment letter for his/ her duties and responsibilities. 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.

Download the EE Manager Appointment Letter in our Resource Library:

https://sdfcorp.co.za/resource-library/

We have created a Health Checklist for Designated Employers:

https://sdfcorp.co.za/wp-content/uploads/2021/12/EE-Checklist_2022-Final.pdf

Remember that Employment Equity is not a “paper-pushing” exercise! Compliance is mandatory and helps avoid hefty penalties.

Get in touch with us immediately to avoid penalties when it comes to Employment Equity Act.