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

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