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EMPLOYMENT EQUITY
Overview
The Employment Equity Act is a piece of legislation enacted in South Africa to promote equal opportunities and fair treatment in employment through the elimination of unfair discrimination and the implementation of affirmative action measures to redress past discrimination. The Act applies to all designated employers, except for members of the National Defence Force, National Intelligence Agency, and the South African Secret Service.
Summary
The Employment Equity Act (EEA) of South Africa has undergone several changes and amendments since its enactment in 1998. These amendments reflect ongoing efforts to strengthen and refine the Employment Equity Act in order to promote equal opportunities, fair treatment, and representivity in the South African labor market, as well as to address emerging challenges and promote compliance with the law.
ACT & AMENDMENTS
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Designated Employer
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A designated employer is defined as an entity that employs 50 or more employees, or has a total annual turnover that meets or exceeds the threshold set by the Minister of Employment and Labour.
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Certain entities, such as organs of state, municipalities, and employers identified in sectoral determinations, are automatically designated regardless of their size or turnover.
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Reporting Dates
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Designated employers are required to submit their Employment Equity reports annually to the Department of Employment and Labour.
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The reporting deadline is the 15th of January each year.
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Fines and Penalties for Non-Compliance
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Failure to comply with the Employment Equity Act can result in significant fines and penalties.
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Non-compliance may lead to fines of up to 2% of the employer's annual turnover or fines determined by the DOL, which ever one is greater.
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Persistent non-compliance or failure to implement corrective measures may also result in imprisonment for up to 12 months.
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It's essential for employers to stay informed about any updates or amendments to the Employment Equity Act to ensure ongoing compliance.