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It is that time of year again when employers are required to submit their Employment Equity reports to the Department of Labor - Electronic submissions must be submitted on or before 15 January 2021.

The purpose of the Employment Equity Act, No. 55 of 1998 is to achieve reasonable progress towards employment equity in the workplace. “Known as ‘indirect empowerment’, EE provides equal opportunities and ensures an inclusive and wholly represented workforce. It forms a critical part of your B-BBEE scorecard as it places focus on previously disadvantaged citizens and eradicates discrimination at all levels” Nthabi explains.

EE forms part of Management Control on the B-BBEE scorecard which accounts for 17% (or 19 points) of the scorecard. “Government has been clear on its mandate for transformation and the implementation of an EE strategy is a long-term commitment by the private sector to transformation,”

This mandatory submission is relevant to all companies with a headcount of 50 employees or more and to those with an annual turnover above the required threshold (industry dependent).

By law an employer must:

Consult with staff

  • Have an employment equity committee that is representative of all occupational levels and demographic groups within the company

  • Committee members are to be trained so that they are aware of what their duties and/or responsibilities and what needs to be discussed at the meetings

  • Agendas and minutes are to be kept of all meetings

Conduct a gap analysis

  • Numerical goals and targets must be put in place

  • HR policies / procedures / practices must be reviewed and audited to ensure that no barriers exist, if any barriers are identified they need to be amended accordingly

  • All employees are to be educated on all subjects that are EE related: sexual harassment / HIV / AIDS / cultural sensitivity and just a general awareness around a zero tolerance for discrimination of any kind

Employment Equity plan

  • The plan must include yearly objectives and affirmative action measures. Specific timelines are to be allocated so that the goals and targets can be tracked

  • The plan is to be signed by the CEO

Reports (EEA2 & EEA4)

  • The final reports are to be signed and then submitted to the DOL

Article By:

Tiffany Reed: HR Consultant - Compliance Hub

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