Contact Nicky Hardwick for assistance with your Employment Equity requirements and ensure compliance to avoid fines!
Please be advised that Department of Labour are actively conducting audits on Employment Equity Compliance. In the last two weeks, six of our clients have been audited and they are being asked for the following documentation:
1. Letter of Appointment of Senior Manager
2. Minutes of Equity Meeting and details of people who are on the forum
3. Employment Equity Plan
4. EEA2 and EEA4
5. Acknowledgment of Submission
Please be reminded that fines for non-compliance are as follows:
| Previous Contravention | Contravention of any provision of section 16 (read with 17), 19, 22, 24, 25, 26 and 43 (2) | Contravention of any provision of section 20, 21, 23, and 44 (b) |
| No previous contravention | R1 500 000 | The greater of R1 500 000 or 2% of employer’s turnover |
| A previous contravention in respect of the same provision | R1 800 000 | The greater of R1 800 000 or 4% of employer’s turnover |
| A previous contravention within the previous 12 months or two previous contraventions in respect of the same provision | R2 100 000 | The greater of R2 100 000 or 6% of employer’s turnover |
| Three previous contraventions in respect of the same provision within three years | R2 400 000 | The greater of R2 400 000 or 8% of employer’s turnover |
| Four previous contraventions in respect of the same provision within three years | R2 700 000 | The greater of R2 700 000 or 10% of employer’s turnover |
| Section 16 – Consultation with employees Section 17 – Matters for consultation Section 19 – Analysis Section 22 – Publication of Report Section 24 – Assigning of a Senior Manager Section 25 – Duty to inform Section 26 – Duty to keep records Section 43 (2) – Review by DG |
Section 20 – Employment Equity Plan Section 21 – Report Section 23 – Successive EE Plans Section 44 (b) – Recommendation by DG following review |