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Here's how the DoL will assess your compliance with the EEA

by , 26 September 2014
We're certain you're aware that the amended Employment Equity Act (EEA) came into effect on 1 August 2014.

Now there's something we want to bring to your attention regarding the amended Act: How the DoL will assess your compliance.

Read on to find out how exactly the Director General (DG) of the Department of Labour (DoL) will assess your compliance with the EEA so you'll comply with the Act and avoid penalties that run into millions of rand.


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The DoL will follow this process in assessing your compliance with the EEA


According to Lauren Salt, an associate in the employment practice at Cliffe Dekker Hofmeyr, Section 42 of the amended Employment Equity Act, No 55 of 1998, (EEA), as amended by the Employment Equity Amendment Act, No 47 of 2013, deals with how a designated employer will be assessed in terms of their compliance with employment equity in accordance with the EEA. 

Salt goes on to say, in assessing your compliance as a designated employer, the DG of the DoL may, for example, take the following into account:
 
  • The extent to which suitably qualified people from and among the different designated groups are fairly represented within each occupational level in your workforce in relation to the demographic profile of the national and regional economically active population;
 
  • The reasonable steps you've taken to train suitably qualified people from designated groups and steps to implement your Employment Equity Plan;
 
  • The extent to which you've made progress in eliminating employment barriers that adversely affect people from designated groups; and
 
  • The reasonable steps you've taken to appoint and promote suitably qualified people from designated groups.
 
Overall, according to Salt, the significance of this amendment (how the DoL will assess your compliance with the EEA) is that as a designated employer, you must show that you're taking positive and concrete steps to comply with the EEA. Making an 'effort' will no longer cut it.

So make sure you comply with the EEA and avoid penalties now that you know how the DoL will assess your compliance with the Act.

Find out how to implement the new EE Act changes here.


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