The DoL took 1400 companies to court for not complying with employment equity law...
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.
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.
When must you submit your EE report?
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...
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