Article supplied by: Dept of Employment and Labour
It is once again that time of the year when all designated employers need to submit their annual 2022 employment equity (EE) reports.
The deadline for employers to submit their annual 2022 employment equity (EE) reports is 15 January 2023 at midnight. The Employment Equity reporting season for both manual and online opened on 1 September. For manual reporting, the closing date was 01 October 2022.
The relevant forms to submit are obtainable from the department website at www.labour.gov.za
The submission of annual equity plans is prescribed according to the Employment Equity Act of 1998.
Employers are expected to submit their EE report in terms of the Employment Equity Act. The Employment Equity Act aims to promote equal opportunity and fair treatment in employment by eliminating unfair discrimination, implementing affirmative action measures to redress the disadvantages in employment experienced by designated groups and ensuring their equitable representation in all occupational levels in the workforce.
The report must contain the prescribed information and be signed by the Chief Executive Officer of the designated employer.
In terms of the EE legislation, a labour inspector has the powers to enforce the implementation of the EE Act.
Failure to abide by the EE Act’s provisions may result in fines imposition. This year’s submission of EE report plans coincides with the year in which the amended EE legislation is expected to take effect once the amended EE Bill has been signed into law.
The Employment Equity Amendment Bill, 2020 was passed by Parliament (National Assembly and National Council of Provinces) on 17 May 2022 and is awaiting for assent and signing into law by President Cyril Ramaphosa.
The main objectives of the amendments are to empower the Employment and Labour Minister to regulate sector-specific EE targets and to regulate compliance criteria to issue EE Compliance Certificates in terms of Section 53 of the EE Act. This means that organisations, especially those that do business with the State, will have to be in good standing regarding compliance with EE.
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