Employment Equity Compliance


Sharp Solutions is able to assist with the entire Employment Equity Compliance Process:

 

  • Conduct a workforce analysis
  • Develop an Employment Equity Plan
  • Constitute an Employment Equity Committee
  • Submit mandatory reports to Department of Labour. (DOL)

 

Note:
It is a statutory requirement that designated employers must submit reports to DOL annually.
Reports are due from 1st September each year. Designated Employers are legally bound to comply with Legislation.

 

 

A “designated” Employer according to the EE Act:

 

  • an employer who employs 50 or more employees;
  • an employer who employs fewer than 50 employees, but has a total annual turnover that is equal to or above the applicable annual turnover of a small business in terms of schedule four to this Act (see turnover threshold table below)
  • a municipality, as referred to in chapter 7 of the Constitution; an organ of state as defined in section 239 of the Constitution, but excluding local spheres of government, the National Defence Force, the National Intelligence Agency and the South African Secret Service;
  • an employer bound by a collective agreement in terms of section 23 or 31 of the Labour Relations Act, which appoints it as a designated employer in terms of this Act, to the extent provided for in the agreement.”

 

Sector

Turnover Thresholds

Agriculture

R6 million

Mining and Quarrying

R22.5 million

Manufacturing

R30 million

Electricity, Gas and Water

R30 million

Construction

R15 million

Retail and Motor Trade and Repair Services

R45 million

Wholesale Trade, Commercial Agents and Allied Services

R75 million

Catering, Accommodation and other Trade

R15 million

Transport, Storage and Communications

R30 million

Finance and Business Services

R30 million

Community, Special and Personal Services

R15 million


Contravention of the Act

Previous Contravention

Contraventions of any provisions of sections 16, 17, 19, 22, 24, 25, 26 and 43(2)

Contraventions of any of the provisions of sections 20, 21, 23 and 44(b)

No previous contravention

R1 500 000

[500 000]

The greater of R1 500 000 or 2% of the employer’s turnover

A previous contravention in respect of the same provision

R1 800 000

[600 000]

The greater of R1 800 000 or 4% of the employer’s turnover

A previous contravention within the previous 12 months or two previous contraventions in respect of the same provision within three years

R2 100 000

[700 000]

The greater of R2 100 000 or 6% of the employer’s turnover

Three previous contraventions in respect of the same provision within three years

R 2 400 000

[800 000]

The greater of R2 400 000 or 8% of the employer’s turnover

Four contraventions in respect of the same provisions within three years

R2 700 000

[900 000]

The greater of R2 700 000 or 10% of the employer’s turnover

 

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Feel free to contact us if you have any questions.