Employment Equity Statutory Requirements

According to the Employment Equity Act, all Designated Employers that employ 50 or more people or who have a total annual turnover that is equal and above the applicable annual turnover of a business (view table below), must prepare and implement a one/three/five-year EE Plan and Report to the Department of Labour, annually. Businesses that fail to comply could face fines of up to R2.7 million or 10% of annual turnover.

Designated Employer Classification
Agriculture R 6 Mil
Mining and Quarrying R 22,5 Mil
Manufacturing R 30 Mil
Electricity, Gas and Water R 30 Mil
Construction R 15 Mil
Retail and Motor Trade and Repair Services R 45 Mil
Wholesale Trade, Commercial Agents and Allied Services R 75 Mil
Catering, Accommodation and other Trade R 15 Mil
Transport, Storage and Communications R 30 Mil
Finance and Business Services R 30 Mil
Community, Special and Personal Services R 15 Mil

 

The Employment Equity Act creates various criminal offences and stipulates that no points may be awarded under the Employment Equity element for BEE purposes if an Employment Equity Report was not submitted.

Our consultants at Gestalt Consulting assist and guide the setting up of the relevant EE Committee and Meetings as per EE legislative requirement for all Designated Employers in the following ways:

  1. Assisting with facilitating the nomination and selection process of the Employment Equity Committee & Employment Equity Manager,
  2. Assisting with setting up or guidance of meeting preparation with regards to EE Committee (where applicable),
  3. Facilitating or assisting the Employment Equity meetings.
  4. Communication with the client and EE forum to establish barriers and solutions
  5. Gathering information for capturing, processing and reporting purposes

We also assist with Drafting of Employment Equity plans, and submission by:

  1. Identifying barriers as per EE consultative form and in consultation with management to be addressed in drafting of EE plan
  2. Assisting with aligning job titles to occupation levels
  3. Assisting with compiling the proposed EE plan,
  4. Finalising the Drafting the Employment Equity plan in consultation of management ensuring sigh-off by all relevant parties
  5. Identify plan of action by means of timelines for gaps and barriers to be achieved as addressed in the EE plan
  6. Assisting with setting up of EE Committee and meetings.
  7. Assisting with preparation of EE plan.
  8. Annual Reporting Online to DoL.
  9. Regular visits to client (one on one) to ensure smooth running of process
  10. Advising on gaps and corrective action.
  11. Assisting with EE timetable plan to achieve goals set out in EE plan going forward

Once the above is finalised, Gestalt consultants help you with thw EE Submission (EEA2 & EEA4) by:

  1. Gathering all relevant information in order to populate relevant reports
  2. Submitting online relevant reports to the Department of Labour as per the reporting window period.

Additional Services offered include:

  1. Assisting with drawing up of policies where gaps are identified,
  2. EE Workshops to assist with legislative requirement
    • EE Awareness Sessions
    • EE Workshop (more detailed)
    • Reasonable Accommodation (focused on disability in the workplace)
    • Diversity ManagementThe retainer option includes all of the above-mentioned EE services and replace the Once-off fees. The main benefit of the retainer option is that in addition thereto that all of the above EE related services are included, we provide an ongoing strategy and support role. This includes the following: