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Annual Employment Equity Reports Due

Megan Veldman

The time has come for the statutory Annual Employment Equity Reports to be prepared and submitted to the Department of Labour.

Please note that the employers who are designated employers are required to submit an Employment Equity Report (EEA2 and EEA4 Forms) to the Department of Labour annually. Designated employers are defined as those who employ 50 or more people or are above the threshold for turnover, as per the schedule.

If your organisation is a designated employer you are also required to meet the following requirements of the Employment Equity Act, as the Act requires employers to report on the completion of these activities/documents in its annual Employment Equity Report (EEA2 and EEA4 Forms).

  • Conduct an analysis of the organisation's employment policies, procedures and practices to identify barriers to employment equity in the workplace (complete the EEA 12 Form).
  • Prepare an Employment Equity Plan (for the organisation of between 1 – 5 years (complete the EEA 13 Form)).
  • Appoint an Employment Equity Manager from the ranks of Senior Management (Employment Equity Manager Letter of Appointment).
  • Establish an Employment Equity Committee (The committee must meet quarterly).
  • Meet with the Employment Equity Committee and consult with it on the Employment Equity Analysis (EEA 12) and the Employment Equity Plan (EEA 13).
  • Prepare an Employment Equity Statutory Report (EEA2 and EEA4) annually and submit to the Department of Labour.
  • Consult with the Employment Equity Committee on the annual Employment Equity Statutory Report (EEA2 and EEA4) before submission.

Please note that non-compliance with these requirements, especially the preparation of an Employment Equity Plan (2 above) and the Employment Equity Reports (6 above), can result in an employer being prosecuted:

  • In the Labour Court for non-compliance with the Employment Equity Act and fined R1.5 million as well as
  • Being prosecuted for fraud in the Magistrates Court and fined a further R1.5 million.

If your organisation has not as a minimum:

  • Conducted an analysis as per section 1 above and
  • Prepared an Employment Equity Plan as per section 2 above and
  • Consulted with an established Employment Equity Committee and provided us with proof of these activities i.e. in the form of a copy of your organisation’s EEA12 and the signed EEA13 and minutes of the Employment Equity Committee

…then Moore Stephens will unfortunately not be able to assist you with the completion of your annual statutory Employment Equity Report this year. We stand liable for fraud if we state that your organisation has conducted these activities, when in fact it hasn’t.

However, if you do need any help with this process, we are more than happy to assist you.

Contact your local Moore Stephens firm today.