On Apr. 14, RSA GVT issued act to promote diversity, equality at work.
RSA GVT published the Employment equity amendment act 4 of 2022, amending the Employment equity act 55 of 1998, to promote diversity and equality in the workplace.
Definitions
The definition of designated employer is amended to exclude employers who employ fewer than 50 employees, irrespective of their annual turnover.
Definition of people with disabilities substituted to include people who have a long-term or recurring physical, mental, intellectual or sensory impairment which may substantially limit their prospects of entry into, or advancement in, employment.
Equity Numerical Targets
Section 15A introduces sectoral numerical targets, empowers Minister of Labour and Employment to identify/set employment equity numerical targets for economic sectors.
Section 20 is amended so that a designated employer will be required to set numerical targets in line with the applicable sectoral targets set by the Minister.
An amendment to S. 42 aligns the assessment of compliance with employment equity with the new requirements relating to sectoral numerical targets.
An amendment to S. 53 (state contracts) provides that the Minister may only issue a compliance certificate if the employer has complied with the specified sectoral numerical targets, or has demonstrated a reasonable ground for non-compliance.
Other Amendments
Amendment to S. 21, dealing with employment equity reports and annual submission of reports by a designated employer, removes a specific date for annual submissions.
Amendment to S. 16 clarifies the consultation process between a designated employer and its employees; where there is a representative trade union, the designated employer must only consult with that trade union, and not with employees.
The amendment empowers the Minister to make regulations with regard to the requirements of employers in submitting their employment equity reports.
Section 36 provides that labor inspectors must inspect workplaces, issue compliance orders to ensure employers are complying with employment equity objectives.
An amendment to S. 37 empowers the Minister to make regulations regarding the manner of service of compliance orders on designated employers.
Effectiveness
The effective date is yet to be proclaimed by the President.
In May 2023, RSA GVT consulted on draft employment sector targets, see #172883.
May 2023 Editorial Update
On May 18, 2023, Reg-Track updated rule type on this rule from proposed to final.
In Jul. 2023, RSA LAB advised of Employment Equity Act amendments, see #179465.
Nov. 2024 Commencement
On Nov. 28, 2024, RSA GVT issued proclamation notice 231/2024 on commencement of the Employment equity amendment act 2022 bringing into force sections 1, 8, 14, 15A, 16, 20, 21, 27, 36, 37, 42, 53, 64A and Sch 4 of the 2022 Act on Jan. 1, 2025.
Dec. 2024 RSA LAB Announcement
On Dec. 5, 2024, RSA LAB announced Employment Equity Amendment Act will apply from Jan. 1, 2025 and help reduce regulatory burden for small employers, etc.
President signed proclamation notice giving effect to start date of implementation of Employment Equity (EE) Amendment Act, on Dec. 5, 2024.
In terms of notice gazetted on Nov. 28, small businesses with less 50 employees no longer bound to comply with Chapter III Employment Equity Act 1998 (EEA) e.g. in relation to submission of their EE reports starting from 2025 EE Reporting period.
In terms of 2024 EE report submission, which closes on Jan. 15, 2025, employers must use current legislation (EEA) to comply with reporting requirements as per S21 of EEA.
Latest EE amendments draw their genesis in 2019 when Department and Commission for Employment Equity (CEE) initiated sector engagements with intention of setting of sector EE targets to give workplace transformation impetus; more details provided.
Document dated Dec. 5 received from RSA LAB Dec. 10, summarized on Dec. 13.
Regulators
RSA GVT; RSA LAB
Entity Types
Corp
Reference
PR 12/5/2024; Ntc 231/2024, 11/28/2024; OG 48418, Act 4 of 2022, 4/14/2023; ESG
Functions
Compliance; Financial; HR; Legal; Reporting; Social
