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Warning: The procedure for submitting an EEA2 and EEA4 report to the Director General has changed

by , 13 March 2014
There's a lot of confusion regarding changes to the employment Equity Act (EE Act). One of the issues cropping up is the procedure for submitting an EEA2 and EEA4 to the Director General. Read on to find out what the Act says about this so you know what to do.

Do you understand the new procedure for submitting an EEA2 and EEA4 report to the Director General?

Amendments made by the Department of Labour (DoL) to the EE Act have 'changed the game.'

Labour Net explains that Section 21, which deals with the designated employer's duty to submit an EEA2and EEA4 report (Employment Equity Report) to the Director General, has changed significantly.

In the past, there was a distinction made between reporting periods of large employers (150+ employees) and small employers (0 – 149 employees). But that's now changed!

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The EE Act now requires all employers to submit an EEA2 and EEA4 report every year

Before, small companies only had to report their EE plans every second year. Now, you must submit this report by the first working day of October or on such other date which may be prescribed, says Labour Net.

That's not all.

The site explains that according to the new rules, an employer, who becomes designated on or after the first working day of April, but before the first working day of October, must submit its first report by the first working day of October the following year, or on such other date that may be prescribed.

Sounds confusing?

Labour Net says if, for example, you become designated on 18 June 2014, you must submit your report by the first working day of October 2015, or on such other date that may be prescribed.

If you become designated on 15 March 2014, you must submit your report by the first working day of October 2014, or on such other date that may be prescribed.

If you're not sure of what should be in your EEA2 and EEA4 report, check out this article. In the article, we explain what you need to do to submit your Employment Equity Report to the DoL.

Don't forget: There are serious consequences if you fail to submit an EEA2 and EEA4 report to the Director General

If you're unable to report by the first working day of October, to notify the Director General in writing by the last working day of August in the same year and give reasons for your failure to report by the deadline, says Labour Net.

If you fail to do this or have notified the Director General of failure to submit, but the reasons are false or invalid, you'll get a hefty fine. The Director General is now empowered to apply to the Labour Court to impose penalties.

So make sure you comply with the procedure for submitting an EEA2 and EEA4 report to the Director General now that you know about the change.



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