• Search for:

    Tag Archives: Employment Equity File

    1. Home  - 
    2. Posts tagged "Employment Equity File"
    1Oct, 2025
    Employment Equity for Non-Designated Employers

    We know that with the recent changes to the Employment Equity Act, many businesses with fewer than 50 employees are wondering where they stand. Some believe they are completely exempt, but that is not quite the case.

    Under Chapter II of the EE Act, non designated employers still have important responsibilities:

    • You need to formally declare your status as a non designated employer with the Department of Employment and Labour (DoEL).
    • You must be able to show that your workplace complies with the Act by promoting equal opportunity and eliminating unfair discrimination.
    • If you plan on working with government, whether through contracts, tenders or licenses, you will need to apply for an EE Certificate of Compliance.

    It is also important to note that when applying for an EE Certificate, companies must show that firstly, they are fully compliant with the National Minimum Wage Act. Failure to meet minimum wage requirements can prevent you from obtaining the certificate, which means losing out on government opportunities. Secondly, the non-designated employer must not have any award  against them by the CCMA for unfair discrimination.

    The good news is that this does not need to feel overwhelming. At EconoBEE, we are here to guide you through the process. We will:

    • Set up and manage your declaration on the DoEL EE Online Portal.
    • Help you prepare the necessary documents to confirm compliance with Chapter II.
    • Apply for and secure your EE Certificate of Compliance where it is required.
    • Confirm that your company meets minimum wage compliance so that your certificate application is not at risk.

    Whether you fall into the designated or non designated category, you still need to demonstrate compliance. We will make sure you do so smoothly, on time and without unnecessary stress.

    Let us simplify your compliance journey together. Contact us today to confirm your status and take the next steps with confidence.

    8May, 2025
    Pivotal Shifts in the Transformation Landscape

    Greetings to all our loyal readers, and welcome to our latest edition of the EconoBEE newsletter.

    As with most months in 2025, April brought with it a whirlwind of regulatory developments within the B-BBEE and transformation space. Several updates and draft frameworks have sparked renewed discussion around the future of economic inclusion in South Africa. This month, we’ve spotlighted the most impactful developments beginning with the eagerly anticipated Transformation Fund Concept released by the Department of Trade, Industry and Competition (the DTIC), followed by key insights on the Employment Equity Act repeal, which continues to create waves among designated employers.

     

    Transformation Fund Concept – A Game-Changer for Real Economic Inclusion

    In mid-April, the DTIC released a draft concept document proposing the establishment of a Transformation Fund – a bold R100 billion initiative to be implemented over five years. The aim? To support majority black-owned businesses and SMMEs, with a focus on inclusive growth, township and rural upliftment, and the empowerment of historically disadvantaged South Africans, particularly black women, youth, and people with disabilities.

    The Transformation Fund differs significantly from traditional ESD approaches. It introduces a mix of grant, equity, and debt funding, alongside non-financial interventions such as access to markets, technical support, mentorship, and accreditation for high-skill industries. The fund will be governed through a Special Purpose Vehicle (SPV) with strong public-private oversight, and contributors can expect immediate B-BBEE recognition for their funding input, as well as tax deductibility under section 18A.

    This draft concept is open for public commentary until 28 May 2025. (Has been extended) Stakeholders are encouraged to share feedback at: transformationfund@thedtic.gov.za.

     

    Employment Equity Act Repeal: Where Do Employers Stand Now?

    In a parallel development, the government has moved forward with the partial repeal of sections of the Employment Equity Act, particularly those related to Section 53 — the controversial procurement compliance clause requiring a certificate of compliance for companies seeking to do business with the state.

    This repeal, which comes after significant lobbying from the private sector, removes the blanket requirement for a compliance certificate, though designated employers are still expected to submit EE Reports and implement Employment Equity Plans. The rationale behind this adjustment, according to the Department of Employment and Labour, is to reduce red tape while still holding employers accountable for transformation progress.

    Designated employers must take note: compliance obligations remain. Reporting deadlines, demographic targets, and transformation strategies are still part of the regulatory framework. What has changed is the mechanism for state procurement eligibility — shifting from a compliance certificate model to more targeted procurement regulations.

    This development is both a relief and a warning. While the administrative burden is reduced, the spotlight on equitable workplace practices is growing and public scrutiny is intensifying.

     

    A Call for Purposeful Action

    These updates serve as a timely reminder that transformation in South Africa is a living, evolving process; not a checklist. Whether it’s through structured funds like the Transformation Fund or internal practices aligned to Employment Equity, businesses must remain intentional and responsive.

    EconoBEE continues to support our clients in staying ahead of these shifts. If you’re uncertain about how these changes affect your business or would like to align your strategy with the new transformation roadmap — reach out to our team. Let’s build compliance with impact.

    5Sep, 2024
    Are You Ready for the Employment Equity Reporting Season?

    Spring is upon us! As the season of renewal and growth begins, it’s the perfect time for businesses to refresh and align their strategies with South Africa’s transformative goals. Just as nature blossoms and adapts, now is the moment for your organization to spring into action and ensure compliance with the Employment Equity (EE) Act.

    Why is Employment Equity Reporting Important?
    Well, the upcoming Employment Equity reporting deadline is a reminder to all designated employers to prioritize EE compliance, especially now that there has been some confusion recently about which version of the Employment Equity Act is currently in effect. Our sources within the Labour Department have clarified that the Employment Equity Amendment Act No. 47 of 2013 is indeed the current legislation in force. According to this Act, “designated employers” are defined as those with 50 or more employees or those with fewer than 50 employees who meet the turnover threshold specified in Schedule 4 of the Act.

    Additionally, employers with fewer than 50 employees may also be considered designated employers if they meet the turnover thresholds outlined in Schedule 4 of the Act. Additionally, employers who do not meet these criteria can still choose to voluntarily do their EE reporting as stipulated in Section 14 of the EE Act. Beyond avoiding fines that can reach up to R1.5 million or 2% of annual turnover (rising to R2.7 million or 10% for repeat violations), embracing Employment Equity is about fostering a workplace that is as diverse and inclusive as our vibrant country. It’s about reflecting the rich tapestry of South Africa in your business and taking steps toward a more equitable economy.

    B-BBEE and Spring Growth
    Just like the new growth we see in spring, Broad-Based Black Economic Empowerment (B-BBEE) and Employment Equity present opportunities for growth, innovation, and a thriving business environment. By aligning your business with these principles, you not only comply with regulations but also position your company as a leader in transformation and inclusivity.

    Let Us Help You Bloom!
    Our experts are here to help you tackle the challenges of EE and B-BBEE compliance. Whether it’s EE planning plan, completing your reports, or increasing your B-BBEE score, we’ve got you covered. Don’t miss this chance to renew and refresh your commitment to transformation—just in time for spring!

    Don’t Miss the Deadline!
    Reach out to us today on 011 483 1190 or email us . Let’s work together to grow a more inclusive and prosperous future.

    Best Regards,
    The EconoBEE Team
    www.econobee.co.za

    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.

    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

     

    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 1st 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 ClassificationTotal Annual Turnover
    AgricultureR6,00 million
    Mining and QuarryingR22,50 million
    ManufacturingR30,00 million
    Electricity, Gas and WaterR30.00 million
    ConstructionR15,00 million
    Retail and Motor Trade and Repair ServicesR45,00 million
    Wholesale Trade, Commercial Agents and Allied ServicesR75,00 million
    Catering, Accommodation and other TradeR15,00 million
    Transport, Storage and CommunicationsR30,00 million
    Finance and Business ServicesR30,00 million
    Community, Special and Personal ServicesR15,00 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.
    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.