The Department of Employment and Labour (DOEL) previously announced the expected implementation of the employment equity amendments to take effect on 01 September 2023. However, recent roadshows held by the DOEL have revealed that the specific effective date has not yet been officially communicated. The DOEL has confirmed compliance measures and reporting for 2023 will be based on the current legislation.
The amendments would have prevented companies with fewer than 50 employees from complying with the employment equity Act. However, with the lack of an effective date, these companies must continue to adhere to the existing regulations and the employment equity Act, even beyond 01 September 2023. All designated employers will still be required to report for 2023 by submitting their annual EEA2 and EEA4 reports to the DOEL before the closing date of 15 January 2024.
As LabourNet, we will continue to brief you on the developments of the employment equity amendments as they unfold and ensure your compliance with employment equity for the foreseeable future. Non-compliance with the current legislation in anticipation of the amendments could result in sizeable fines; it is imperative for all designated employers to continue with the implementation of their employment equity compliance measures.
Please see below Schedule 4 of the current employment equity Act: For employers with less than 50 employees, the below table reflects the turnover thresholds for each sector. An employer with less than 50 employees is considered a designated employer, based on their annual turnover being equal to or above that of their industry threshold below.
