Having trouble with employment equity?

We see many South African businesses either trying to complete the Employment Equity requirements themselves or ignoring the legislation completely until they are audited and suddenly find themselves in difficulty. They then turn to experts like HRTorQue Outsourcing to try and get them out of trouble. Too late! For a low monthly cost you can sleep easily knowing your employment equity obligations are taken care of.

If you need help with any of your employment equity requirements, whether it is setting up an employment equity committee or submitting returns, please contact us. We can also help set up your analysis templates and provide critical employment equity checklists.

If you would like to do it yourself, but would benefit from a pack  of documents to help you (incl. checklists, draft staff communications, nomination and ballot forms…) then please contact us.

Follow these links for copies of key reports:

• Employment Equity compliance checklist
• EEA2 – Employment Equity Report
• EEA1 – Employee Declaration
• EEA4 – Income Differential Report
• EEA12 – Employment Equity Analysis
• EEA13 – Employment Equity Plan

What are your obligations under the Employment Equity Act?

All employers are required to follow the Employment Equity Act and specifically make sure their employees receive equal pay for equal work. Only designated employers however are required to perform an analysis of their workforce and submit annual submissions to the Department of Labour. Read the summary of the Act for further information.

What is a Designated Employer?

A designated employer means an employer who employs 50 or more employees, or has a total annual turnover as reflected in Schedule 4 of the Act, municipalities and organs of state. Employers can also volunteer to become designated employers.

What are the obligations of a Designated Employer?

1. A designated employer must implement affirmative action measures for designated groups to achieve employment equity.
2. In order to implement affirmative action measures, a designated employer must:
   • consult with employees;
   • conduct an analysis;
   • prepare an employment equity plan; and
   • report to the Director-General on progress made in the implementation of the plan.

What are designated groups?

A designated group means black people, women, or people with disabilities.

What is affirmative action?

1. Affirmative action measures are measures intended to ensure that suitably qualified employees from designated groups have equal employment opportunity and are equitably represented in all occupational categories and levels of the workforce.
2. Such measures must include:
   • identification and elimination of barriers with an adverse impact on designated groups;
   • measures which promote diversity;
   • making reasonable accommodation for people from designated groups;
   • retention, development and training of designated groups (including skills development); and
   • preferential treatment and numerical goals to ensure equitable representation. This excludes quotas.

Designated employers are not required to take any decision regarding an employment policy or practice that would establish an absolute barrier to prospective or continued employment or advancement of people not from designated groups.

Why worry about employment equity?

Increasingly we see companies being audited with strict fines of a minimum of R1.5 million for non compliance with employment equity reporting requirements. This is a bitter pill for a process which is easy to implement with the right help.

Our consultants have many years of experience with legislative requirements. Our consultants provide businesses with expertise and assistance, from the setting up of committees to the submission of reports and plans and Skills Development requirements.

Contact us for a free initial consultation.

Our Services Include

We can help you with individual returns, setting agendas for meetings, training or (depending on requirements) our comprehensive employment equity service which includes:

• Assistance and advice on setting up a committee and other employment equity structures and processes
• Compiling the annual analysis
• Compiling and submitting the Employment Equity Report and Income
• Differential Statement to the Department of Labour online
• Recommending numerical targets and goals in line with demographics
• Advising on Department of Labour Employment Equity queries
• Completing and/or reviewing the Employment Equity Plan to ensure alignment with reports and progress and continuity with previous plans
• Submitting the annual review based on the previous year’s progress and recommendations
• Attending meetings with your Employment Equity committee to conduct monitoring and evaluations