Employment Equity - EE - Helping you and the Economy Grow

10Nov, 2023

Unlocking the Dynamics of Employment Equity

Unlocking the Dynamics of Employment Equity: Join Our Workshop with Dr. Muriel Mushariwa

We are thrilled to announce an exciting opportunity for all individuals and organizations passionate about fostering equality and inclusion in the workplace. Join us for our upcoming Employment Equity Workshop, “Unlocking the Dynamics of Employment Equity,” taking place on November 30th, 2023. Led by the distinguished Dr. Muriel Mushariwa, this workshop promises to be an eye-opening exploration of the Employment Equity Act and its imminent amendments, offering invaluable insights and strategies for success.

Why Attend Our Employment Equity Workshop? At the heart of this event is our dedicated instructor, Dr. Muriel Mushariwa, whose illustrious career as a Senior Lecturer of Law is marked by a profound commitment to advancing Employment Equity. Dr. Mushariwa’s expertise extends across a spectrum of skills, from lecturing and public speaking to legal writing, analytical prowess, and policy analysis. With an LLB and LLM from the University of Kwazulu-Natal, Pietermaritzburg and a PhD from the University of Witwatersrand, her academic accomplishments underscore her dedication to legal excellence.

Dr. Mushariwa is not just an academic; she’s a consultant specializing in Employment Equity, Skills Development, and Broad-Based Black Economic Empowerment. This unique blend of academic knowledge and real-world experience equips her to offer participants practical guidance on navigating the complexities of Employment Equity.

What to Expect: Workshop Highlights During this workshop, participants can look forward to an engaging and enlightening journey through the following key topics:

Overview of the Employment Equity Act: Gain a solid understanding of the foundational principles and historical context of the act.
Impact of the Proposed Employment Equity Amendment Act: Explore the proposed amendments and their implications for organizations.
Implementation of the Employment Equity Act: Receive practical strategies for successful implementation and compliance.
Linking Employment Equity to Broad-Based Black Economic Empowerment (B-BBEE) Strategy: Discover the interplay between Employment Equity and broader economic empowerment goals.

Unlock the Power of Knowledge This workshop is not just a learning opportunity; it’s a chance to gain knowledge that empowers you to be a change-maker in your organization. Dr. Muriel Mushariwa’s expert insights, eloquent communication, and extensive knowledge will equip you to navigate the evolving landscape of Employment Equity with confidence and success. Whether you’re an HR professional, a business owner, or someone passionate about equality, this workshop is designed to provide you with actionable takeaways.

Reserve Your Spot Don’t miss this unique opportunity to learn from a true expert in the field. Reserve your spot today and take the first step toward becoming a genuine advocate for Employment Equity. Join us on November 30th, 2023, and embark on a transformative journey towards creating a more equitable workplace.

Stay connected with us for more updates, resources, and insights to prepare you for the workshop. We look forward to your participation and to collectively driving positive change in the world of Employment Equity.

21Sep, 2023

Crucial Update for EE Submissions

If you are an employer in South Africa, here is an important heads-up! The 2023 Employment Equity (EE) reporting period has arrived, and there is a crucial update you need to be aware of.

As communicated by the Department of Labour, the EE Amendment Act, No. 4 of 2022 has not yet come into effect, which means that all designated employers, regardless of size (yes, even those with 1-49 employees), need to submit their 2023 EE Reports (EEA2 and EEA4 forms) using the current Employment Equity Act, 1998 (EEA).

Key Dates to Mark:

Submission period opens on 1 September 2023, offering both manual and online options.
Manual EE submissions must be in by 2 October 2023.
For online submissions, the deadline is 15 January 2024 (midnight).

Just so you know, missing the 15 January 2024 (midnight) deadline could lead to enforcement actions under the EEA. Your organisation might also be left out of the Employment Equity Public Register for 2023.

We are here to make it easy for you, choose EconoBEE for a stress-free EE submission process!

Our expertise and commitment to staying updated on regulations ensure you meet your compliance needs effortlessly. Let us make your EE submission a breeze.

Reach out to EconoBEE on 011 483 1190 and talk to a consultant at your convenience.

6Jun, 2023

Employment Equity: More on Sectoral Targets

We recently announced the changes that have been brought about by the Employment Equity Amendment Act 4 of 2022 in April 2023.

The proposed Sectoral targets have since been announced for public comment. This means that once finalized designated employers will need to amend their Employment Equity plans to be aligned with the new Sectoral targets.

There have been several criticisms leveled at the new Sectoral targets, one of which are that it may results in quotas and is not reflective of the current state of representivity in certain industries.

It is important to note that these sectoral targets are likely to be fine tuned after the public comment, but it is important for designated employer to look at how their employment equity planning will be impacted by the sector targets.

We will continue to keep you informed about the effective date of these amendments once it is proclaimed by the President. Should you require more detailed explanations and information about these key amendments, please contact our Business Development Team on 011 483 1190

13Apr, 2023

Employment Equity Bill Signed into Law on 12 April 2023!

Hot off the press: President Cyril Ramaphosa has signed the Employment Equity Bill into law on Wednesday (12 April)!

This is big news for companies with fewer than 50 employees. They will no longer be designated employers (regardless of turnover) and therefore won’t need to meet EE compliance criteria or submit annually.

These amendments have been introduced with the aim of giving the Employment and Labour Minister the ability to regulate sector-specific EE targets and compliance criteria to issue EE Compliance Certificates (which are necessary for companies wanting to do business with the State).

All companies with more than 50 employees will need to submit employment equity plans addressing the targets (amongst other criteria) and annually submit reports to the Department of Employment and Labour. Designated Employers wishing to do business with the State will be required to produce a certificate of compliance from the Labour department.

The Department is also in the process of increasing the number of labour and health inspectors in order to monitor and enforce compliance as the law now obliges inspection of workplaces and issuing of compliance orders to ensure the envisioned changes actually happen.

Companies must also keep themselves updated with changes to the National Minimum Wage Act (and amendments), as the compliance certificate mentioned above not only deals with compliance to the EE Act and its objectives, but also confirms that these companies do pay their employees equal to or more than the national minimum wage.

All in all, these changes will help ensure that suitably qualified people from designated groups have equal employment opportunities and are represented at all occupational levels in the workplace. So, get ready to embrace the new regulations – they’re coming your way!

Do you need help in navigating these new changes?

Contact EconoBEE today on 011 483 1190!

30Aug, 2022

Employment Equity Submissions

Can you believe that it is Employment Equity Submission time again?!!

The submission window opens on 01 September 2022

Employment Equity Submissions is an annual requirement of all designated employers as per the Employment Equity (EE) Act.

The EE Act came into being in 1998 and its purpose is to promote equal opportunity and fair treatment in employment through the elimination of unfair discrimination, implementing affirmative action measures to redress the disadvantages in employment experienced by designated groups and to ensure their equitable representation in all occupational levels in the workforce.

The Employment Equity Amendment Bill is expected to be released in September 2022, as this is when the current workforce equity plans, set by employers themselves, will elapse and it is envisaged that the labour minister would then set new five-year targets in terms of the new law as well as introduce additional changes.

All designated employers must ensure that online submissions are done before the deadline, and the scope of the submissions must comply with any potential changes resulting from the amendments.

Unsure if you are a designated employer or what is expected from your company in terms of the submissions or the amendments? Contact us on 011 483 1190 or email us info@econoservices.co.za to help you navigate these changes!

We will also be hosting online workshops regarding Employment Equity Submissions, please contact us for more information and to book your seat.

7Jun, 2022

Penalties for Employment Equity Contraventions!

Penalties for Employment Equity Contraventions!South African companies are currently facing penalties for failing to meet the targets set in their Employment Equity (EE) plans. We are now seeing the Department of Labour ramping up its auditing and has stated that the majority of companies with March 2022 year-end, have missed the mark in terms of complying with EE legislation.

One of the reasons for companies being fined and penalised is that their EE plans are not conforming with the goals and numerical targets set by the designated employers and therefore not projecting rational progress towards transformation. It is therefore prudent that companies avoid setting targets in their EE plans that are not attainable.

EconoBEE specialises in Employment Equity Services and is therefore well-equipped to assist companies accurately when it comes to compliance in terms of EE plans.

EconoBEE also hosts and runs workshops on Employment Equity in which we advise companies and their relevant staff members on how they can comply with EE legislation

For more information on our EE assistance and training and workshop offerings, please contact us on 011 483 1190 or email info@econobee.co.za

27Oct, 2021

Sector-Specific EE Targets: Are You Ready?

The Commission of Employment Equity is currently in consultation with industry stakeholders to finalise the highly-anticipated Employment Equity Draft Amendment Bill. One of the key features of the bill will be introducing tailored Economically Active Population (EAP) targets. For employment equity compliance, this will be a simple exercise that may affect designated employers’ quantitative analysis and numerical targets for each occupational level.

Due to the inter-relatedness of B-BBEE legislation and employment equity regulations, there may also be changes in management control (Statement 200) and skills development (Statement 300), as these elements include EAP targets to allocate the points you may earn. As your consultants, we have deliberated on these amendments and have strategic ideas on how best you can manage these coming changes. Give us a call at 011 483 1190 or email: info@econobee.co.za to find out how we can prepare you in advance!

14Sep, 2021

Employment Equity Compliance vs Government Business

A new amendment to the Employment Equity Act will have serious implications for companies who plan to do business with government going forward. In terms of section 53 of the Amendment Act, measured entities will be issued with a compliance certificate for Employment Equity which is valid for a period of twelve months from the date of issue. The EE compliance certificate will be a prerequisite for access to contracts with the State and any of its organs; it will therefore be impossible for companies to do business with the government going forward without this certificate. In terms of proposed Employment Equity amendments, the criterion for non-designated employers is to comply with the national minimum wage or prove that they have been granted exemption and have no CCMA unfair discrimination awards against them. The criteria for designated employers will be to submit annual Employment Equity Reports, comply with the national minimum wage or prove that they have been granted exemption not to pay the national minimum wage, comply with their own annual Employment Equity targets and work towards the five-year sector specific Employment Equity targets. Please feel free to reach out to us on 011 483 1190 or info@econobee.co.za if you would like to hear more.

31Aug, 2021

Are you a Designated Employer and have to submit your Employment Equity Forms?

Are you uncertain as to whether you are required, by law, to submit your employment equity forms? The submission window to submit your employment equity forms opens up on the 1^st of September 2021. What is the current definition of a designated employer?

An employer who employs 50 or more employees,
Or an employer who employs fewer than 50 employees, but has a total annual turnover as reflected in Schedule 4 of the Employment Equity Amendment Act No. 47 of 2013.
Municipalities and organs of State
Employers can also volunteer to become designated employers in terms of section 14 of the EE Act.

TURNOVER THRESHOLD APPLICABLE TO DESIGNATED EMPLOYERS

Sector or subsectors in accordance with the Standard Industrial Classification	Total Annual Turnover
Agriculture	R6,00 million
Mining and Quarrying	R22,50 million
Manufacturing	R30,00 million
Electricity, Gas and Water	R30.00 million
Construction	R15,00 million
Retail and Motor Trade and Repair Services	R45,00 million
Wholesale Trade, Commercial Agents and Allied Services	R75,00 million
Catering, Accommodation and other Trade	R15,00 million
Transport, Storage and Communications	R30,00 million
Finance and Business Services	R30,00 million
Community, Special and Personal Services	R15,00 million

All designated employers must submit their employment equity reports every year. If you qualify as a Designated Employer and either: Supply incorrect information, do not comply with the Employment Equity Act requirements, or do not submit the documents on time, then the following could occur:

You may be fined heavily by the DoL – up to 10% of turnover depending on the severity of contravention.
The DoL may visit you and do a full audit on your company.

If you need help in preparing and submitting your employment equity reports or ensuring that your employment equity committee and documents are in order, please feel free to contact us at EconoBEE to assist.

19Jul, 2021

Have you read: The 21st CEE Report?

The 21^st Commission of Employment Equity Report has been issued and it shed light on some Employment Equity developments. These are also in line with the Draft Amendment Bill that is still being reviewed in parliament. As expected, the report has updated EAP targets which are useful in the quantitative analysis of each management level. These have changed slightly from last year:

The commission has consulted most of the business sectors to set sectorial targets. The finance and business sector has finalised the discussions. Based on these developments, all designated employers should be proactive and review their EEA12 and EEA13 to be prepared. More changes are yet to come; give us a call to find out how best you can stay compliant with Employment regulations. Did you Know?

You don’t have to sell your company shares in order for you to earn points on the ownership scorecard. The B-BBEE codes allow for various means in which to earn points on ownership.
There are tax benefits that you can claim through specific forms of skills development. Let us show you how.
Long term strategies for enterprise and supplier development ensure you will earn points over several years regardless of unexpected changes to your NPAT.
The Amendment to the Employment Equity Act, which was recently released, has far stricter penalties for employers who don’t take EE seriously. Employers that don’t comply can expect strict enforcement and harsher penalties – fines of up to R2. 7mil or 10% of annual turnover.
You can maximize on the skills development scorecard without having to meet the target spend.
For absorption points you do not have to absorb all the learners trained to claim your skills development. Let us show you how this can be achieved.

POPIA Compliance We take both your privacy and the POPI Act seriously, and would like to inform you that EconoServices will continue to ensure that all measures are taken to safeguard your personal information. We have put in place measures to ensure compliance with the requirements of the POPI act to prevent and stop the following:

No unauthorized access to personal information
No damage, accidental loss, misuse or destruction of any personal information on our records

This will allow us in turn to continuously improve our systems in use and ensure we operationally continue within the legal framework of the act. Should you however, feel you would like to change your consent or information on record please feel free to contact our information officer Dr Muriel Mushariwa. You have the right to the following options in terms of your personal information:

Provide any updates such as address changes or contact details
To delete or remove your information
To inform us to stop contacting you

Should we not hear from you by 23 July 2021, we will take it that permission has been given to us to continue to retain the information and to continue to communicate with you. Regarding our mailing list: No action is required if you are happy to stay on our mailing list and it will be accepted that you have consented to staying on. If you change your mind at any time in the future, you will always have the option to unsubscribe. Best wishes and keep safe. The EconoServ Team

17Jun, 2021

What to Expect from an Employment Equity Inspection

As we all know, the Department of Labour is constantly conducting inspections throughout the year with designated employers. These inspections are to ensure that the information submitted in the annual Employment Equity Submissions is correct and in line with the Employment Equity Act as well as the EEA Plan of companies. These inspections are done at random, with little to no time to prepare. As a result, we at EconoBEE recommend compiling the Employment Equity file throughout the year, and having it ready for inspection at any point. This will make the inspection process less painful. Here are some of the documents that will need to be in that Employment Equity File:

Letter of Assignment – this is to prove that the EE responsibility has been assigned to one or more senior manager(s), as required by Section 24
Proof of Consultation with Employees, as required by Sections 16 and 17
Proof of Analysis conducted, as required by Section 19
EEA 13 – this is your Employment Equity Plan, as required by Section 20
Proof of Record Keeping, as required by Section 26
If your organization is listed as a Public Company then you will also need to provide Proof of the Publication of your Annual Reports, as required by Section 22.

While the compiling of an Employment Equity File can be a very administrative and time consuming exercise, EconoBEE is happy to assist with this process. Please feel free to contact us directly for more details, our consultants are ready and willing to assist.

2Feb, 2021

Are your skills development goals aligned to your employment equity targets?

Recently the Parliament’s Portfolio Committee on Employment and Labour has called for public comment on the Employment Equity Amendment Bill. The bill has been described by President Cyril Ramaphosa as a ‘game changer’ for Black Economic Empowerment in South Africa. The Minister of Labour, after consulting with various sectors including the Commission for Employment Equity, will be empowered through the Bill to set numerical employment equity targets for any sector or part of a sector by notice in a gazette. The Labour department has clarified that the notice may set different numerical targets for different occupational levels, sub-sectors or regions. Some of the factors which the Minister will consider when setting sector targets include:

The qualification, skills and experience required to be employed in a particular occupational level;
The rate of turn-over and natural attrition in a sector;
Recruitment and promotional trends within a sector.

The Employment Equity Act is clear that “suitably qualified” candidates should be appointed. It is therefore important that designated employers align their skills development goals to their employment equity targets so that, should there be a specific qualification or skill required for a particular occupational level, there is proper alignment. Avoid the pitfalls of non-alignment and let us help you with your skills development planning. Why not give us, at EconoBEE, a call on 011 483 1190 or email us and let us help simplify and expedite your transformation journey! Online Workshops To peruse our 2021 Online Workshop List, please click here

10Nov, 2020

B-BBEE Fronting Indicators: Are you committing fraud?

Fronting is a form of fraudulent misrepresentation in an attempt to circumvent the BEE codes. There are various forms of fronting indicators listed in legislation. In consulting, we have come across some glaring examples which we would like to point out:

1. The black people identified by an enterprise as its shareholders, executives or management are unaware or uncertain of their role within the enterprise.

One such example is the reported case where the BEE commission issued a final finding of fronting after it received a grievance from the companies’ former employee. It transpired that she was formerly employed as a receptionist but that she left the company after discovering that she had been listed as a 33% shareholder, without her approval or knowledge, and without receiving any dividend in respect of her shareholding. Such fronting is usually uncovered during verification of the measured entity when verification agencies interview the identified “owners” in the business. However, in instances where the measured entity is an EME or QSE and such entities are usually not audited, this becomes problematic.

1. 1. The black people identified by an enterprise as its shareholders, executives or management have roles of responsibility that differ significantly from those of their non-black peers.

One such example is a QSE company creating another company which will solely be owned by employees. This company then “buys a stake” in the QSE company to the value of 51% making it an automatic level 2 without an audit.

1. 1. The black people who serve in executive or management positions in an enterprise are paid significantly lower than the market norm, unless all executives or management of this enterprise are paid at a similar level.

One such example was where a white director was earning more than the black director with a ratio of 1:20. This was genuinely concerning to the verification analyst as the black director had been in the same position for over two years, with the same salary, and was also a shareholder. The analyst concluded that this disparity in salary did not make the black shareholder a director, as it went against the principle of equal pay for work of equal value. Let EconoBEE assist you in ensuring that you are not fronting in your pursuit to be BEE compliant. Employment Equity Submissions The year is fast coming to an end and the Employment Equity deadline is looming! Have you completed your Employment Equity submission? Now is the time to do it! Why don’t you call EconoBEE on 011 483 1190 and let us help you with all your Employment Equity, as well as your Skills Development and B-BBEE needs! Online Workshops EconoBEE is hosting online workshops for both our existing clients and for anyone interested in attending. For our BEE Managed Services clients, all BEE half-day workshops are free and our full-day workshops are half-priced! Please see our website for more information on our workshops. To book, or to tailor-make a workshop for your company, please email info@econobee.co.za or call 011 483 1190.

12Oct, 2020

ALIGNMENT OF WORKPLACE POLICIES WITH EMPLOYMENT EQUITY ACT

ALIGNMENT OF WORKPLACE POLICIES WITH EMPLOYMENT EQUITY ACT

On the 20^th of August 2020, the Minister of Employment and Labour published the Draft Code of Good Practice on the Prevention and Elimination of Violence and Harassment in the World of Work (Draft Code) for public comment. The deadline for public comment is the 20th of October 2020.The Draft Code is intended to address the prevention, elimination and management of violence and harassment that pervades the world of work, and provides for:

Treatment, care and support
Programmes, training and awareness
Procedures in managing violence and harassment
Monitoring and evaluation

The objectives of the Draft Code are to:

Provide a framework and clarity on the interpretation and implementation of the Employment Equity Act 55 of 1998, as amended, pertaining to the prevention and elimination of violence and harassment including gender-based violence and harassment
Provide guidelines to employers, workers, employer organisations and unions on the prevention and elimination of violence and harassment, including gender-based violence and harassment as a form of unfair discrimination.
Guide human resource policies and practices related to violence and harassment, including gender-based violence and harassment that are based on equity, dignity, health and safety and non-discrimination.

This legislation is likely to become law and it is important for designated and non-designated employers to align their workplace policies to the Employment Equity Act. Should the draft become law, it is imperative that all issues outlined are managed proactively rather than reactively.

Are you unsure about the validity of your Employment Equity Plan, considering the new Draft Amendments? Why not give us, at EconoBEE, a call on 011 483 1190 and let us handle all your Employment Equity needs and ensure that you are inspection ready all year round!

Online Workshops

EconoBEE is hosting online workshops for both our existing clients, and for anyone interested in attending. For our BEE Managed Services clients, all BEE half-day workshops are free and our full-day workshops are half-priced! Please see our website for more information on our workshops.

To book, or to tailor-make a workshop for your company, please email info@econobee.co.za or call 011 483 1190.

25Nov, 2019

Better safe than sorry!

Are you ready for an inspection by the Labour Department in terms of your Employment Equity compliance? The 19^th report of the Commission on Employment Equity entitled: “Transformation makes business sense” reflects the increase in employment equity reporting especially in the private sector. Part of the increase in number is attributed to the increase in Labour department inspections regarding implementation of affirmative action through an employment equity plan. The Labour Department has a target of at least 200 000 inspections per year to ensure compliance with the Employment Equity Act. The notice of inspection usually starts with a courtesy call followed by a letter detailing the name of the inspector, the date and time of the inspection. The designated employer will be requested to ensure the following information is available for inspection:

Proof that the responsibility for EE is assigned to one or more senior manager(s) as required by section 24 of the Employment Equity Act through a Letter of assignment
Proof of consultation with employees as required by section 16 read with section 17 of the Employment Equity Act, this is proved by providing Copies of minutes of the last Three EE Consultative forum Meetings; copies of the agenda of minutes; signed attendance registers.
Proof of analysis conducted as required by section 19 of the Employment Equity Act
Copy of Employment Equity Plan as required by section 20 of the Employment Equity
Proof of the publication of your reports as required by section 22 (applicable to public companies)
Proof of keeping of records as required by section 26 of the Employment Equity Act.
Attendance of stakeholders such as your Trade Union/ Shop Stewards, EE Committee Members as well as the CEO (if possible) at the inspection, if possible.

We are experts within the transformation industry and are eager to support your company with Employment Equity reporting, consulting and submissions. Contact us now on 011 483 1190 or via email: info@econobee.co.za

29Oct, 2019

Employment Equity Submissions Reminder!!!

A few weeks ago, we sent out a newsletter to inform all the designated employers that the Employment Equity submissions to the Department of Labour window period has officially opened. We at EconoBEE thought we should take a moment to remind you to get those submissions in and to inform you that there has been a change that you will need to take into consideration when preparing for the submission. On the 8th of August 2019 the Department of Labour announced a change in the EEA form. It is important for designated employers to fill in the new form as part of the 2019 submission season. What are the changes that have been introduced and how may they impact your EE reporting? With the year almost at an end, and the submission window period approaching it’s deadline, we at EconoBEE will provide you with an answer to the question above and assist you in identifying if you are a designated employer in your specific sector. Join us for the following upcoming workshops: Title: Full Day Employment Equity Workshop Date: 29 October 2019 (JHB) Duration: 09h00 to 16H30 Price: R3 913.04 Excl VAT (50% discount for our Managed Service Clients) Venue: Johannesburg – 435 Rugby Avenue, Ferndale, Randburg Title: 2-hour overview – Y.E.S Date: 06 November 2019 (JHB) Duration: 09h00 to 11H00 Price: R850 Excl VAT Venue: Johannesburg – 435 Rugby Avenue, Ferndale, Randburg Title: 2-hour overview – Enterprise and Supplier Development Date: 13 November 2019 (JHB) Duration: 09h00 to 11H00 Price: R850 Excl VAT Venue: Johannesburg – 435 Rugby Avenue, Ferndale, Randburg Title: Full Day BEE Workshop Date: 13 November 2019 (DBN) Duration: 09h00 to 16H30 Price: R3 913.04 Excl VAT (50% discount for our Managed Service Clients) Venue: Durban – The Circle, Douglas Drive, Ballito Title: 2-hour overview – Procurement Date: 21 November 2019 (JHB) Duration: 09h00 to 11H00 Price: R850 Excl VAT Venue: Johannesburg – 435 Rugby Avenue, Ferndale, Randburg Title: 2-hour overview – Socio – economic Development Date: 27 November 2019 (JHB) Duration: 09h00 to 11H00 Price: R850 Excl VAT Venue: Johannesburg – 435 Rugby Avenue, Ferndale, Randburg Please contact us on 011 483 1190 or email us to book.

27Aug, 2019

Employment Equity submission window period opens 1 September 2019 to 15 January 2020

In our previous newsletter we touched on the disconnect between Management Control and Employment Equity. In this newsletter, though, we are reminding you that the Employment Equity report submission window period to the DoL runs from the 1^st of September 2019 to 15 January 2020. Designated employers (companies, government departments) are obliged to submit every year to the DoL, as per the Employment Equity Act. This includes their employment equity reports in relation to demographic profiles, gender representation and employment equity plans on how to address discrimination and inequity in the workplace. If you qualify as a Designated Employer and either: Supply incorrect information, do not comply with the Employment Equity Act requirements, or do not submit the documents on time, then the following could occur:

You may be fined heavily by the DoL – up to 10% of turnover depending on the severity of contravention.
The DoL may visit you and do a full audit on your company.

Of interest in EE related news, is the Black Management Forum (BMF) establishing a litigation fund with the aim of taking legal action against “gross violations derailing transformation in South Africa”. BMF also says that the fund will “serve as a tool to enforce transformation in an effort to achieve justice, fairness and equity”. See the full article here. As mentioned in our previous newsletter, we have a series of upcoming workshops that will help you gain a better understanding of the Employment Equity Act and the importance of the Employment Equity report submission to the DoL. Our team of highly qualified consultants at EconoBEE are ready to assist with the submissions to the DoL during this submission period. Join us for our upcoming Employment Equity workshops in Johannesburg and Durban: Title: Half Day Employment Equity Workshop Date: 19 September (JHB), 26 September (DBN) Duration: 09h00 to 13h00 Price: R1 700 Excl VAT (Free of charge for our Managed Service Clients) Venue: Johannesburg – 435 Rugby Avenue, Ferndale, Randburg, Durban – The Circle, Douglas Drive, Ballito Title: Half Day BEE Workshop Date: 27 August (JHB), Duration: 09h00 to 17h00 Price: R1 700.00 Excl VAT (Free of charge for our Managed Service Clients) Venue: Johannesburg – 435 Rugby Avenue, Ferndale, Randburg, Durban – The Circle, Douglas Drive, Ballito Title: Full Day BEE Workshop including the Proposed Amendments to B-BBEE Codes Date: 27 August (DBN), 08 October (JHB) Duration: 09h00 to 17h00 Price: R3 913.04 Excl VAT (50% discount for BEE Managed Service Clients) Venue: Johannesburg – 435 Rugby Avenue, Ferndale, Randburg, Durban – The Circle, Douglas Drive, Ballito We will also be hosting a free session on EE for our existing clients. For more information on our training, please click here / contact us on 011 483 1190 or email pheliswa@econobee.co.za

13Aug, 2019

The Disconnect between Management Control and Employment Equity

A designated employer is required in terms of the Employment Equity Act to create a representative workforce at each occupational category/level. An employer is held to be designated if they employ 50 or more employees. Should an employer have fewer than 50 employees, but have a total annual turnover as reflected in terms Schedule 4 of the Employment Equity Amendment Act 47 of 2013, they will be required to submit an employment equity report with the Department of Labour. Municipalities and Organs of State are also held to be designated employers. In terms of section 14, an employer can volunteer to become a designated employer. In terms of the Employment Equity Act, the designated group includes:

Africans, Indians, Coloureds and Chinese
women and
persons with disabilities.

It is clear that these constitute three distinct groups, but that it is also possible for an individual to belong to more than one of these collectives. For example, black women fall within two designated groups on the basis of race and gender. This definition also means that white women, by virtue of gender, are held to be members of the designated group to benefit from affirmative action. In terms of the Broad-Based Black Economic Empowerment Act, the designated group is limited to Africans, Coloureds, Chinese and Indians. White females are therefore not recognized within BBBEE. Employers will not earn points in terms of BBBEE for white females under the elements of ownership, management control, skills development and procurement. This is indicative of the aim of the BBBEE Act which is to empower Black people. Employers therefore have an important balancing act to ensure representativity of white women to comply with the Employment Equity Act, and not have an over-representation of white women that negatively impacts their score under BBBEE due to non-recognition. With EconoBEE being one of the oldest consulting firms in South Africa that specialize in BEE, Employment Equity and Skills Development, we have a team of highly qualified consultants to help you and your business manage the gap and maintain the balance between your entity’s BEE and Employment Equity. We help you understand the link between the two through the various training courses and consultation services that we offer. To help you further understand the above, we have the following upcoming workshops on Employment Equity and BEE: Title: Half Day Employment Equity Workshop Date: 15 August (JHB), 28 August (DBN), 17 September (CT) Duration: 09h00 to 13h00 Price: R1 700 Excl VAT (Free of charge for our Managed Service Clients) Venue: Johannesburg – 435 Rugby Avenue, Ferndale, Randburg, Durban – The Circle, Douglas Drive, Ballito Title: Half Day BEE Workshop Date: 27 August (JHB), Duration: 09h00 to 17h00 Price: R1 700.00 Excl VAT (Free of charge for our Managed Service Clients) Venue: Johannesburg – 435 Rugby Avenue, Ferndale, Randburg, Durban – The Circle, Douglas Drive, Ballito Title: Full Day BEE Workshop including the Proposed Amendments to B-BBEE Codes Date: 27 August (DBN), 08 October (JHB) Duration: 09h00 to 17h00 Price: R3 913.04 Excl VAT (50% discount for BEE Managed Service Clients) Venue: Johannesburg – 435 Rugby Avenue, Ferndale, Randburg, Durban – The Circle, Douglas Drive, Ballito For more information on our training, please click here / contact us on 011 483 1190 or email pheliswa@econobee.co.za

Category Archives: Employment Equity – EE