Employment Equity

The Employment Equity Act promotes equity in the workplace, ensures that all employees receive equal opportunities and that employees are treated fairly by their employers.

In terms of the Employment Equity Act, a ‘designated employer’
must comply with all the duties contained in the Act.

A ‘designated employer’ employs 50 employees or more; or employs less than 50 employees but has an annual turnover above the relevant industry thresholds in terms of Schedule 4 of the EEA.

Non designated employers who do not meet the above criteria are urged by the Employment Equity Act that they too should also comply with Chapter 2 of the Employment Equity Act.

A designated employers duties are:

  • Appoint a Senior Employment Equity Manager

  • Create and promote awareness with regards to the Employment Equity Act to all employees.

  • Nominate and Elect an Employment Equity Committee

  • Do a full analysis of their workplace

  • Compile and submit their Employment Equity Plan to the Department of Labour by the 15th of January annually.

Should you not comply with the Employment Equity Act in terms of a Designated employer, your company, maximum fines imposed will be from R500 000 for a first offender and up to R1 500 000 or 10% of the turnover for multiple offenders.

In instances, where an organisation has reported an EE plan, but do not communicate it or apply it, there will be possible imprisonment.