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Need Help With Employment Equity Reporting?

Need Help With Employment Equity Reporting?

AF Consulting

Need Help With Employment Equity Reporting?

The Employment Equity (“EE”) Reporting period has started. The annual reporting period begins on 1 September and closes on 15 January each year. In terms of the Employment Equity Act, each employer employing 50 or more employees, or who has an annual turnover above the turnover threshold as per Schedule 4 is deemed to be a Designated Employer. A Designated Employer needs to have an Employment Equity Plan in place and needs to comply with the provisions set out in the Act. Failure to comply may lead to harsh penalties as per Schedule 1 of the EE Act.

SCHEDULE 1: MAXIMUM PERMISSIBLE FINES THAT MAY BE IMPOSED FOR CONTRAVENING THIS ACT

Previous contravention

Violation of any provision of sections 16 (read with 17), 19, 22, 24, 25, 26 and 43(2)

Violation of any provision of sections 20, 21, 23 and 44(b)

No previous contravention

R1,500,000

The greater of R1,500,000 or 2% of the employer’s turnover

A previous contravention in respect of the same provision

R1,800,000

The greater of R1,800,000 or 4% of the employer’s turnover

A previous contravention within the last 12 months or two (2) previous contraventions in respect of the same provision within three (3) years

R2,100,000

The greater of R2,100,000 or 6% of the employer’s turnover

Three (3) previous contraventions in respect of the same provision within three (3) years

R2,400,000

The greater of R2,400,000 or 8% of the employer’s turnover

Four (4) previous contraventions in respect of the same provision within three (3) years

R2,700,000

The greater of R2,700,000 or 10% of the employer’s turnover

SCHEDULE 4: TURNOVER THRESHOLDS APPLICABLE TO DESIGNATED EMPLOYERS

Sector/sub-sectors per the Standard Industrial Classification

Total annual turnover

Agriculture

R6 million

Mining and quarrying

R22.5 million

Manufacturing

R30 million

Electricity, gas and water

R30 million

Construction

R15 million

Retail and motor trade and repair services

R45 million

Wholesale trade, commercial agents and allied services

R75 million

Catering, accommodation and other trades

R15 million

Transport, storage and communications

R30 million

Finance and business services

R30 million

Community, special and personal services

R15 million

The benefits of complying with the Employment Equity Act:

  • Create a more transparent and inclusive workforce;
  • Eliminate discrimination in the workplace;
  • Create a platform for employees to talk about unfair practices and discrimination;
  • Designated Employers who report annually, is placed on a public register at the Department of Labour and will be able to tender for government contracts;
  • Compliance with the EE Act eliminates the fear of penalties imposed by the Department of Labour.

Please note that annual reporting to the Department of Labour without having a proper Employment Equity Plan and Policies in place may also lead to penalties.

Need Help With Employment Equity Reporting?

AF Consulting

AF Consulting in Hermanus specialises in human resources, recruitment, labour relations and training in the workplace. Human Resources Consultant, Arina Fyfer, is available to personally assist you in a focused recruitment process when hiring employees. AF Consulting’s HR service packages are tail...

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