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If you won't be able to submit your EE report on time, here's what you must do

by , 12 September 2014
The deadline to submit your Employment Equity (EE) report to the Department of Labour (DoL) is approaching. But due to circumstances beyond your control, you may not be able to meet the deadline.

If you're panicking because you know failing to comply with the Employment Equity Act (EE Act) will result in penalties that range from R1.5 million to R2.7 million, take a deep breath.

There's no need to panic.

In terms of the recent amendments to the EE Act, you must do the following if you think you won't be able to submit your EE report on time...


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Special Report: What you need to know about the 26 new Employment Equity amendments

Find out:

The 26 Amendments to the EE Act defined so you know exactly what they are
 
6 Steps to assess your current EE situation. Discover what changes you need to make in your company to comply with the new Employment Equity Act
 
6 practical ideas and methods to incorporate the new EE requirements so you can comply with the changes as easily and quickly as possible
 
EE Amendments Implementation Checklist: Find out if you've applied all the necessary EE changes to your business
 
Download your copy of this special report now

 
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There's no need to fret if you think you won't be able to submit your EE report on time


If you anticipate that you won't be able to submit your EE report on time, the amendment to the EE Act requires you to notify the director-general at the DoL, in writing, of this anticipated failure, say the legal experts at the law firm, Cliffe Dekker Hofmeyr.

But be warned: You needed to submit this notification before the last working day of August and you must have provided sound reasons as to why you think you won't meet the deadline set out in the EE Act.

If you don't submit your EE report or don't notify the DoL of your failure to do so, you'll face these consequences


According to the legal experts, if you fail to follow the EE Act in accordance with any of the requirements, the director-general will approach the Labour Court for an order to fine you.

You could get a fine for:
 
  • Failing to submit a report,
  • Failing to notify the director-general of late submissions, and/or
  • Providing false or invalid reasons.
 
Remember that non-compliance fines range from R1.5 million to R2.7 million. So if you think you won't be able to submit your next EE report on time, don't sit and keep quiet about it, notify the director-general at the DoL and make sure your reasons are valid.

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


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