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The DoL took 1400 companies to court for not complying with employment equity law...

by , 04 April 2016
Last year, the DoL took 1 400 of South Africa's medium and large companies to Labour Court for not complying with the Employment Equity (EE) Act.

The first issue of non-compliance was that these companies didn't submit their EE reports. And as we all know, this is one of the legal requirements you need to meet as a designated employer. So the DoL decided to make an example of them and set a precedent with this never seen before court action.

If you're not implementing EE in your company, the labour chief director, Thembinkosi Mkalipi has promised, and I quote... 'Implement employment equity; if not, we will come for you!'

But EE implementation is easier said than done!

That's why I'm writing to you today. Read on and find out what EE forms to submit to the DoL, when reporting for your company, and make sure they don't take you to court next.

***Recommended for you***
Are you responsible for EE in your company? Read this now!
In the new amendments to the Employment Equity Act, the DoL says you must:
·         Get rid of all unfair discrimination – or face a R30 000 fine;
·         Draw up a legally compliant EE plan every year – and use the new method to submit;
·         Pay employees who do the same work equally – or risk being taken to court;
·         Set up an EE forum that is a correct representation of the nation – be careful, SAPS got this wrong;
·         Report on how you're achieving your EE goals – but what if you're not…?
·         And loads more
But do you even know where to start?
Get all the information you need to get to grips with the EE Act requirements at the EE Summit 2016. Plus with 9 case studies from HR Professionals in SA, you'll walk away with practical tips and tools you can use to comply with the EE Act.
Click here for more information…

The EE forms you need to submit

If you're a designated employer, you have to complete these forms when reporting on EE in your company:
  • EEA1 – Declaration by employee;
  • EEA2 – Employment Equity Report. Send this to the Employment Equity Registry; and
  • EEA4 - Income differentials statement. Send this to the Employment Equity Registry.
          Use these forms to compile your Employment Equity (EE) Report:
  • EEA8 – Use this to consult with your employees, and prepare your EE plan; and
  • EEA9 – Helps you assess the different occupational levels for you to complete the EEA4. It also gives you the template to assess 'equal work, equal pay' differentials.
  • EEA10 – Complete in-house for you Annual Report.
  • EEA12 – Provides a template to document you barriers analysis in line with Section 19
  • EEA13 – Use this as a template for your EE Plan.

Now that you know what forms to submit, make sure you submit them on time. Read on for details of when you must submit your report by.

But first, here's something I came across, that can help you with your EE compliance...

When must you submit your EE report?

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

Or report online at www.labour.gov.za

P.S At the EE Summit 2016 we're going to discuss all your obligations as a designated employer at the Masterclasses. Make sure you book your seat now so you can comply and avoid penalties of up to R2.7 million or 10% of your turnover!

P.P.S Book 5 seats at the EE Summit 2016 and get a free seat! Find out more by emailing seminars@fsp.co.za

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