Employment Equity

What is EE about?
Employment Equity is about equal opportunities to all in the workplace, eliminating unfair treatment and implementing Affirmative Action measures.  Please refer to the Employment Equity Act, no. 55 of 1998 for more information in this regard.  You can download the Act from the internet (search it on Google) or visit the Employment Equity section on the Department of Labour’s website (www.labour.gov.za).

Does our organisation need to comply with the EE Act?

In simple terms, you still need to comply with the Act if you have less than 50 employees, but your turnover (for the last financial year – VAT INCLUDED) is equal or more than the amounts stipulated in the table below.

Under which sector does our organisation fall?
You need to classify the organisation under the sector which best describes your organisation.  These are the only sectors provided by the Department of Labour and you need to classify the organisation accordingly.    If none of the sectors seem to be applicable – choose “finance and business services” with an annual turnover of R10m.

What do we need to do if the organisation does not need to comply with the EE Act?
Ignore our correspondence.  Just keep in mind that EE might be applicable to your organisation in future.  You might also want to do EE voluntarily to increase your BEE scorecard.  There is no need to submit a letter or place on record that you don’t need to comply with the Act.  You only submit the relevant EE documents if you are regarded as a Designated Employer (thus need to comply with the Act because you have 50 or more employees or a turnover or equal or more than the amount for your sector specified in the table).

What does it involve if we need to comply with the EE Act?
You need to submit the EEA2 and EEA4 documents (known as the EE reports) to the Department of Labour (not to Cofesa).  In addition, you need to do everything stated by the EE Act, such as:

Where can I get the EEA2 and EEA4 documents?
You can download the forms from www.labour.gov.za – under the Employment Equity section.

How do I submit the EEA2 and EEA4 documents to the Department of Labour?
Documents can be submitted manually (in hardcopy) before 1st October.  The deadline for submissions has been extended by the Department of Labour until 15 January 2010.  Only on-line submissions were accepted until 15 January 2010.

How often do we need to submit our EE documents?
Organisations with 150 or more employees submit EE document every year by the 1st of October (manually) or by the 15th January of the next year (on-line).
Organisations with less than 150 employees submit every 2nd year on the year that ends on an even number, thus 2010, 2012, 2014 etc.
If you have 150 or more employees and you have just submitted your EE documents (that was for the 2009 submission), you need to submit again before 1st October 2010.

If you have less than 150 employees, and you have just submitted your EE document, you need to submit again by before 1st October 2010 to get you “in sinc” with the 2 year submission that needs to be on the year that ends on an even number.  Thereafter you will only submit every second year (2012, 2014 etc.)
What do we do if we have missed the deadline of 15 January 2010 for EE submissions?
Submit your documents (EEA2 and EEA4) to the Department of Labour before 1st October 2010.  Get this in place a.s.a.p. 

For further enquiries, please e-mail info@cofesa.co.za; or equity@beyondconsulting.co.za