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The Employment Equity amendment bill was introduced in 2018 and one of the proposed changes is to empower the Employment and Labour minister to regulate sector-specific Employment Equity numerical targets. Employment Equity numerical targets will be used as a benchmark by employers to analyse the workforce profile to determine under-representation and over-represented. The other purpose of the targets is to ensure that there is equal representation in all occupational levels.

The bill states that the minister must first identify economic sectors, and this has already been implemented eighteen sectors have been identified. Finance and business sector has been concluded on and consultation is still going on for the remaining seventeen sectors.

The minister will consult the National Minimum Wage Commission on the set numerical target for the purpose of ensuring the equitable representation of suitably qualified people from designated groups at all occupational levels in the workforce.

A gazette will be published for the public to comment on the proposed targets for each sector. This will only be affected if the Employment Equity bill is passed into law currently it is in the hands of the president waiting to be accented into law.

Other proposed changes to the act are:

Employers who employ fewer than 50 employees (regardless of their turnover) will no longer fall within the definition of "designated employer”. This is done in order to reduce the regulatory burden on companies with less than 50 employees.

Promulgation of section 53 of the Employment Equity Act for the issuing of the Employment Equity compliance certificate. Section 53 of the EE Act deals with issuing of compliance certificates to employers who intend or do business with government.

If you need assistance with Employment Equity and next steps to take if the above changes, come into effect, please do not hesitate to contact us.

Article By:

Rumbi Vashoma: EE & SDF Consultant - Compliance Hub


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