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How to submit your employment equity forms and avoid penalties of up to R2.7 million or 10% of your turnover

by , 20 April 2015
Due to all the changes to the Employment Equity Act, you have to use the right forms and submit the right information to the Department of Labour by 1 October every year. Note that you'll have to do this if you're a designated employer.

In other words, if you're a designated employer, you must report on your Employment Equity efforts by 1 October every year. See Extract of Schedule 4 of the Employment Equity Act for more information on designated employer.

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If you don't, the DoL will reject your forms and it will be as if you didn't report at all! And you could land up with a fine of up to R2.7 million or 10% of your annual turnover.

EEA1 – Declaration by your employee


Give this form to your employees to complete. It will  help you work out which employees are from designated groups
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Don't let the new Employment Equity amendments be the reason the DoL comes after you

There are still many employers who don't know exactly what the new 26 amendments are or even how to apply them.

If you employ more than 50 people or if your turnover is over the Employment Equity Act threshold for your industry, you need to comply with each and every one of them.

Click here to find out what you need to do to comply and avoid penalties from the DoL
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Definition: Designated groups

These are the beneficiaries of affirmative action.

It's limited to black people, women and people with disabilities who:
-  are citizens of the Republic of South Africa by birth or descent; or
-  became citizens of the Republic of South Africa by naturalisation:
(i) before 27 April 1994; or  
(ii)  after 26 April 1994, who would have been  entitled to acquire citizenship by naturalisation prior to that date but were precluded by Apartheid policies.

Make sure the information on the EEA1 form stays confidential. Your employees have the right to disclose their disability or not.

EEA2 – EE Report

Use the form EEA2 to submit your EE Report to the EE Registry.

Who must use this form?

If you're a large or small company, you must use the same form.

When must you submit it?

Submit the report by the first working day of October. This is in the year you become a designated employer. The Director General doesn't asses reasons why you  didn't submit the report (Section 21 of the Employment  Equity Act). Let the Department of Labour (DoL) know immediately if there are any changes to your trade names. And, if you're no longer a designated employer.

The way you report must be the same from year to year.  And it mustn't change for the period of the plan. Send your report to:

The Employment Equity Registry
Department of Labour
Private Bag X117
Pretoria
0001
Or report online at
www.labour.gov.za.

Warning:
If you can't submit your EE report on time, you need to apply for an extension by August in the year you're reporting on. You have to have a proper motivation to get this. Just keep in mind the EE Directorate doesn't give extensions easily, so you really do need to have good reasons.
 


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