Employers expected to comply with own set annual EE targets towards the five-year sector EE targets when new legislation comes into force - Department Employment and Labour
Organisation and companies will have to meet own set annual employment equity (EE) targets towards achieving the five-year sector EE targets to comply with the law - once the new EE Act comes into force.
Department of Employment and Labour's Deputy Director for EE, Masilo Lefika told stakeholders that employers would be assessed on "own set annual EE targets". He said: "These are not quotas as there is flexibility for employers to set their own annual EE targets to be measured on.
He reminded stakeholders that the economically active population (EAP) information as published by Statistics South Africa is the guiding tool that must be used by employers when consulting with employees, conducting an analysis and when preparing and implementing EE plans.
Lefika was today addressing stakeholders in Polokwane, Limpopo Province during a joint Department and Commission for Conciliation Mediation and Arbitration (CCMA) workshop on the recent amendments to the EE Act and setting of EE targets. A similar workshop was also held at Kimberley. He said the sector EE targets are a benchmark or a milestone characterized by built-in flexibility.
"Designated employers still maintain power to consult employees and self-regulate their annual EE targets toward achieving the five-year sector EE target," Lefika said.
The EE Amendment Act was given an official stamp of approval by President Cyril Ramaphosa in April 2023. This was followed in May 2023 by the release of draft Employment Equity Regulations by Employment and Labour Minister T.W Nxesi - setting out the proposed numerical targets for identified economic sectors.
The main objectives of the Employment Equity Amendment legislation include the following:
To reduce the regulatory burden for small employers - that is, those employers that employ between 1 to 49 employees will be excluded from complying with the provisions of Chapter III of the EE Act;
To empower the Minister to regulate the sector specific numerical EE targets;
To promulgate Section 53; and
To strengthen compliance, including the issuing of EE compliance certificates.
Lefika cautioned though that while the amendments exclude the small employers from submitting EE reports those employers would still be expected to comply with the provisions of the National Minimum Wage and ensure that they do not have CCMA unfair discrimination Award against them in the previous 12 months.
He reiterated that the current status quo in regard to the implementation of Employment Equity Act will remain in place until the proclamation date is signed into law to effect the amendments.
The Department and CCMA 2023 Employment Equity national workshops are held under the theme: "Real transformation makes business sense".
The focus of this year's workshops will be to create awareness on the recently promulgated EE amendments, sector targets and regulations; EE impact in labour market; demonstration of online EE system to incorporate the amendments and generate certificates of compliance; presentation of the CCMA's case law on EE; reporting on EE and the Commission for Employment Equity (CEE) Annual Report launch outcomes.
The national series workshops/roadshows started yesterday (Tuesday) in Thohoyandou and will end on 29 August 2023.
The remaining July's programme of workshops is as follows:
North West
Lichtenburg (25 July 2023) - (Scotts Manor Guest House - 21 Bree Street, Retiefs Park)
Rustenburg (26 July 2023) - (Orion Hotel - 115 Hagia Sophia Drive, Kloof)
KwaZulu-Natal
Pietermaritzburg (25 July 2023) - Ascot Wedding & Conference Venue, 210 Woodhouse Road, Scottsville)
The rest of the EE workshops with venues to-be-confirmed will be held as follows:
Gauteng
Pretoria (01 August 2023) - Diep en Die Berg (Pretoria East)
Johannesburg (02 August 2023)
Mpumalanga
Witbank (Emalahleni) - (15 August 2023)
Nelspruit (Mbombela) - (16 August 2023)
Western Cape
George (15 August 2023)
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Cape Town (16 August 2023)
Eastern Cape
Gqeberha (22 August 2023)
East London (23 August 2023)
Mthatha (24 August 2023)
Free State
Welkom (22 August 2023)
Bloemfontein (23 August 2023)
KwaZulu-Natal
Durban (29 August 2023)
The EE workshops are targeted at Employers or Heads of organisations, Academics, Assigned Senior Managers, Consultative forum members, Human Resource Practitioners, Trade Unions, employees and other interested stakeholders.
The national workshops will be held from 10:00am to 14:00pm covering all provinces and members of the media are invited.
More information on EE workshops will be available on various Department of Employment and Labour's social media platforms and the Department's website www.labour.gov.za - which will also provide updates on schedules and venues.
