employment equity

The Department of Employment and Labour (DEL) has confirmed that the Employment Equity Act Amendments (Act 4 of 2022) are not yet implemented. 

Consequently, the small employers who are currently designated employers in terms of the existing Employment Equity Act (1-49 employees and included by turnover under Schedule 4) are still required to submit their annual reports. That is: they are required to complete and submit the EEA2 and EA4 forms.

The following submission dates will apply: (Click title for full report)

Although Employment Equity (EE) and Broad-based Black Empowerment (B-BBEE) are covered by separate laws and have different objectives, there are similarities. 

Both strategies have transformation, economic inclusion, and advancement of those people previously disadvantaged as their overall goal. 

Both implementation strategies require reporting and scoring mechanisms related to people at work, in employment, and both focus on the positions of people who were excluded from full economic activity, and previously therefore - disadvantaged by apartheid laws.

This FAQ was inspired by media reports that confuse EE and BBBEE.

Employment Equity (EE) and Broad-based Black Economic Empowerment (B-BBEE) are two entirely different concepts, based on two different statutes, and with different intentions. 

The Employment Equity Act (55 of 1998) has the overall objective of removing discrimination in the workplace. In addition, the act promotes the development to senior and executive positions of people who were previously excluded under the apartheid legislation. 

The Employment Equity Act (EEA) reports use the Paterson job grade levels to compare the recruitment and advancement of the employees, who are part of the population groups disadvantaged by the apartheid legislation. 

The job grade levels are classified from junior to senior as A to F, with each level further divided into Upper and Lower, with 2 sub-divisions of upper, and 3 sub-divisions of lower. Only to lowest grade F - unskilled - is not subdivided.

F = Top Management - Executives

E = Senior Management (click on title for remaining levels)

Designated employers are required to report annually to the Department of Employment and Labour. Reporting starts on the 1 September. The closing date for manual reports is the end of October. The closing date for online reports is the 15 January of the following year.  

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