Section 13 of the Employment Equity Act nr 55 of 1998 stipulates that a Designated Employer must implement affirmative action measures for Designated Groups to achieve employment equity by consulting with employees, conduct an Economically Active Population (EAP) analysis and prepare an Employment Equity Succession Plan.

Section 15 of the Employment Equity Act nr 55 of 1998 stipulates that a Designated Employer must implement affirmative action measures intended to ensure that suitably qualified employees from Designated Groups have equal opportunity and are equitably represented in all occupational categories and levels of the workforce.

A new section, 15A, is inserted allowing the Minister to –

• Identify national economic sectors for the purposes of the administration of the Employment Equity Act.
• Set numerical targets for these sectors (after consulting the relevant sectors and with the advice of the Commission).
• The sectoral targets set may differentiate between occupational levels, sub-sectors, regions or other relevant factors.

For Designated Employers with a representative Trade Union:

Section 16 and 17 of the Employment Equity Act, as amended, stipulates that a Designated Employer must take reasonable steps to consult with a representative Trade Union representing members at the workplace.

For Designated Employers without a representative Trade Union:

Section 16 and 17 of the Employment Equity Act, as amended, stipulates that a Designated Employer must take reasonable steps to consult with employees or representatives nominated by them, representing members at the workplace (if no representative Trade Union).

Employees or Representatives nominated by them, must reflect the interests of:

• Employees from all occupational levels and
• Employees from designated groups (including the disabled) and
• Employees from non-designated groups.

Section 18 of the Employment Equity Act nr 55 of 1998 stipulates that a Designated Employer must disclose relevant information to the consulting parties (CEO, Employment Equity Manager, Employment Equity Forum and Employees).

Section 19 of the Employment Equity Act nr 55 of 1998 stipulates that a Designated Employer must conduct an analysis of employment policies, practices, procedures and working environment so as to identify employment barriers that adversely affect members from Designated Groups. The analysis must also include the development of a workforce profile to determine to what extend Designated Groups are under-represented in the workplace.

Section 20 of the EE Act stipulates that a Designated Employer must prepare and implement an Employment
Equity Plan which will achieve reasonable progress towards employment equity in that Employer’s workforce.

• Designated Employers will need to draft, implement and monitor a 5-year EE Plan, starting 1 September 2025 ending 31 August 2030, after which the Sectoral numerical targets must have been achieved in terms of Section 15A applicable to the Employer.
• EE Plan to be aligned to achieve the sectoral numerical targets.

* Awaiting the Regulations to confirm.

Section 21 of the Employment Equity Act nr 55 of 1998 stipulates that a Designated Employer must submit its first report to the Director General (Department of Labour) within 12 months after the commencement of the Act (1999), and thereafter every year.

Section 22 of the Employment Equity Act nr 55 of 1998 stipulates that every Designated Employer that is a Public Entity must publish a summary of a report required by Section 21 in that Employers annual financial report.

Section 23 of the Employment Equity Act nr 55 of 1998 stipulates that a Designated Employer must, before the end of the term of its current Employment Equity Plan, prepare a subsequent Employment Equity Plan.

Section 24 of the Employment Equity Act nr 55 of 1998 stipulates that a Designated Employer must assign one or more Senior Manager(s) to ensure implementation and monitoring of the Employment Equity Plan and MUST make available the necessary resources for this purpose.

Section 25 of the Employment Equity Act nr 55 of 1998 stipulates that an Employer must display at its workplace (where it can be read by employees) a notice in the prescribed form, informing them about the provisions of the Act.

An Employer must establish, and for the prescribed period, maintain records in respect of its workforce, its Employment Equity Plan and any other records relevant to its compliance with the Act.

Section 27 of the EE Act, as amended stipulates that every Designated Employer, when reporting Section 21(1) referring to remuneration and benefits, must submit a statement, as prescribed, to the National Minimum Wage Commission, on the remuneration and benefits received (each occupational level) of that Employer’s workforce.

* Awaiting the Regulations to confirm.

Review and outcome of the Director General’s review

A new Section 53 was gazetted to clarify that the Minister of Employment and Labour may only issue a certificate to a Designated Employer if the employer–

• has achieved any applicable sectoral targets or has raised a reasonable ground for noncompliance.
• has submitted its most recent employment equity reports.
• has not been found within the previous twelve months to have breached the prohibition on unfair discrimination or to have paid wages below the level of the national minimum wage and
• has not failed a DG review.