duty

Employers duty to report Employment Equity Report – 2014 Amended

Employers duty to report Employment Equity Report

1. A Designated employer must submit a report in terms of section 21 of the Act annually on the first working day of October or on such other date as may be prescribed suing the EEA2 form to the Director General and the report must be addressed to the Employment Equity Registry, Department of Labour, Private Bag X117, Pretoria, 0001.
2. A designated employer may also submit an employment equity report electronically using the online reporting system available on the department website, www.labour.gov.za by the prescribed date.
3. An employer, who becomes designated on or after the first working day of April, but before the first working day of October must only submit its first report on the first working day of October in the following year or on such other date as may be prescribed.
4. A designated employer that is a holding company with more than one registered entity may choose to submit a consolidated report.
5. A designated employer who chooses to submit a consolidated report contemplated in sub regulation 3(4) must have a consolidated plan which is supported by individual employment equity plans for each registered entity included in the consolidated report.
6. The method of reporting for the duration of the plan should remain consistent from year-to-year and from reporting period to reporting period.
7. An employer must inform the Department in writing immediately of any changes to their trade name, designation status, contact details or any other major changes, including mergers, acquisitions and insolvencies.
8. A designated employer who is unable to report by the first working day of October must notify and provide reason in writing to seek the approval of the Director-General by completing and submitting he EEA14 form before the last working day of August in the same year of reporting.
9. A designated employer must retain a copy of the report for a period of five years after it has been submitted to the Direct-General.
10. In terms of Section 22, every designated employer that is a public company must publish a summary of a report required by Section 21 reflecting progress in their annual financial report by using the EEA10 annexure for guidance. Furthermore when a designated employer within any organ of state has produced a report in terms of Section21, the minister responsible for that employer must table that report in Parliament.
11. Any employment equity report (EEA2), except for the income Differential Statement reflected in the EEA4 form, submitted to the Department of Labour is a public document. A request for a copy of such are report may be made by the public by completing and submitting theEA11 form.

Duty to prepare and implement and employment equity plan – 2014 Amended

Duty to prepare and implement and employment equity plan

1. A designated employer must refer to the relevant Codes of Good Practice issued in terms of section 54 of the Act when preparing an employment equity plan contemplated in section 20 of the Act.
2. The employment equity plan must contact, at a minimum, all the elements contained in the EEA13 template of these regulations.
3. A designated employer must retain their employment equity plan for a period of five years after the expire of the plan.
4. A designated employer must refer to the EEA9 in the regulations for guidance on how to differentiate between the various occupational levels.