Africa-Press – South-Africa. Experts from Bowmans have broken down what the new Employment Equity (EE) Regulations mean for employers in South Africa, with deadlines fast approaching across the country.
Earlier this month, the Department of Employment and Labour gazetted the Employment Equity Regulations, which set out the regulations for specific racial and gender-based numerical targets.
The regulations set out the specific racial and gender-based numerical targets for businesses across 18 industries in South Africa to achieve by 2030.
It forms part of the South African government’s Affirmative Action goals, where it wants South Africans to reflect the racial and gender demographics of the country.
The Department said that the targets have been implemented to ensure “equitable representation of suitably qualified people from designated groups at all occupational levels in the workforce.”
These targets will apply to ‘designated employers’, which employ more than 50 people.
Talita Laubscher, Melissa Cogger, and Chloë Loubse from Bowmans said that the key steps for designated employers are what they do next.
The legal experts broke down the timeline and steps designated employers should take to ensure compliance with their affirmative action obligations under the EE regulations.
Conduct workplace analysis ASAP
Designated employers are required to collect information relating to their employment policies, practices, procedures, and working environment to identify potential barriers that adversely affect designated groups.
The analysis must include a workplace profile to determine the underrepresentation of people from designated groups across various occupational levels in the workplace.
Although employers may have previously undertaken the analysis, all designated employers will now need to implement a new plan using the updated prescribed forms in the General Administrative EE Regulations.
Designated employers must pick a date as soon as the cut-off date, which will take a snapshot of their workforce for its profile.
The experts said the date should be determined by working back from 1 September 2025, factoring in sufficient time to consult and prepare the EE Plan.
Prepare a new EE Plan before 1 September 2025
Using the analysis results, a designated employer will then prepare a draft EE Plan in accordance with section 20 of the EEA.
It will also need to consult with representatives of its workforce regarding the analysis and draft of the EE Plan.
As per the General Administrative EE Regulations, the EE plan must be five years long, starting on 1 September 2025 and ending on 31 August 2030.
If the employer becomes a designated employer after 1 April 2025, it will need to prepare an EE plan for the remainder of the period until 31 August 2030.
The plan must also state the numerical goals to achieve the equitable representation of suitably qualified people from designated groups within each occupational level of the workforce.
These must be determined by examining the employer’s workforce profile, sector targets, and applicable EAP.
The EE Plan will not be filed at the Department of Employment and Labour, but it may have to be produced should the Director-General request it as part of a review.
Consult on the analysis and the EE Plan
A designated employer must consult with representatives of its workforce on the conduct of the analysis and the EE Plan as per sections 16 and 17 of the EEA.
These representatives should account for the interests of employees across all occupational levels, people from designated groups, and people who are not from designated groups.
If there is a representative trade union for members at the workplace, it must be consulted, too.
Submit a report
A designated employer must submit a report to the Department’s Director-General, as per section 21 of the EEA.
The EE report can be submitted manually or electronically using the online reporting system.
Electronic submissions of the EE Report may be made between 1 September 2025 and 15 January 2026.
Should a designated employer seek to submit the EE Report manually, it will need to deliver the report by hand to the Head Office of the Department between 1 September 2025 and 1 October 2025.
A department representative will then help the designated employer immediately capture the information on the online system.
“An employer that becomes a designated employer after the first working day of April must only submit its EE Report in the following reporting cycle,” said the experts.
Submit an Income Differential Statement
In addition to the EE Report, a designated employer must submit an Income Differential Statement (EEA4 Form) to the National Minimum Wage Commission.
The EEA4 Form can be submitted electronically using the same online reporting system as the EE report between 1 September 2025 and 15 January 2026.
If submitted manually, the employer must do this between 1 September 2025 and 1 October 2025.
Like the EE report, an employer that becomes a designated employer after the first working day of April will only submit its EEA4 Form in the following reporting cycle.
Request a compliance certificate
Department of Employment and Labour Minister Nomakhosazana Meth
If the employer wishes to work with the state, it will also be required to produce a compliance certificate under section 53 of the EEA.
The certificate will be conclusive proof that the employer complies with the relevant chapters of the EEA.
A compliance certificate may only be issued to a designated employer if the Minister is satisfied that:
The designated employer has complied with any applicable sector numerical target, or has raised a reasonable ground to justify its non-compliance;
The designated employer has submitted its EE Report.
There have been no findings by the Commission for Conciliation, Mediation and Arbitration (CCMA) or a court in the last 12 months that the employer breached the unfair discrimination provisions of the EEA; and
The CCMA has not issued an award against the employer in the previous 12 months for failing to pay the national minimum wage.
Designated employers can request their compliance certificates online after they have submitted their EE reports. These certificates are valid for 12 months from the date of issue.
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