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Employment Equity

Update on the EE compliance requirements and EE reporting 2023

The Employment Equity Amendment Act (EEAA), 2022, which introduces significant amendments to the existing Employment Equity Act (EEA), was signed into law by President Ramaphosa on 6 April 2023. However, the provisions of the EEAA did not immediately come into force and are set to take effect on a date determined by the President by proclamation in the Government Gazette. Based on previous media statements by the Department of Employment and Labour (DEL), it was anticipated that the amendments would come into force with effect from 1 September 2023. However, this did not transpire.

The DEL issued a formal notice which confirms that the reporting period will open on the 1st of September 2023 and that all designated employers are required to submit their annual Employment Equity reports in terms of the current provisions of the existing EE Act, as the provisions of the EE Amendment Act are not yet in effect.

Currently there is  no indication as to when the proclamation notice will be published. It is anticipated that, upon proclamation of the effective date, the Employment Equity regulations and final sector targets will be published for implementation.

In these circumstances, designated employers, including employers who employ fewer than 50 employees and meet the (current) applicable turnover thresholds, are still required to submit their annual reports for the 2023 reporting period as usual by the 15th of January 2024.

We urge clients to finalise their company’s reporting as soon as possible as DEL’s EE portal becomes congested nearing the deadline of 15 January 2024. Our recommendation is to have reporting finalised before the 15th of December 2023.

Our team is ready to assist you in ensuring that you fully comply with the Employment Equity Act. Our relevant services include:

  • Training the Employment Equity Committee members on the requirements of the Employ­ment Equity Act and their role as committee members;
  • Coordination of the process necessary to establish an Employment Equity Committee and an Employment Equity Manager;
  • Consultations / meetings with the Employment Equity Committee;
  • Development of a comprehensive Employment Equity Policy;
  • Conducting a workplace analysis (EEA12);
  • Development of an Employment Equity Plan (EEA13);
  • Annual reporting of the Employment Equity documents (EEA 2 & EEA4) to the DEL;
  • Presenting a workshop / awareness training to employees regarding “Embracing diversity in the workplace”; and
  • Presenting a workshop / awareness training regarding the “Prevention and elimination of harassment in the workplace”.

If you wish to make use of Joubert & Associates for your EE compliance / reporting process, kindly let us know as soon as possible: / 021 863 0966

Article written by Phyline Duncan


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