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Employment equity compliance certificate valid for 12 months in terms of EE Amendment Bill & Regulations - Department of Labour

by lloyd last modified 2018-10-11 12:47

11 October 2018

Employers that comply and implement employment equity (EE) will be issued with a certificate of compliance valid for 12 months subject to fulfilling a number of conditions.

Department of Labour Employment Equity Directorate, Deputy Director Masilo Lefika cautioned that the certificate will be issued subject to fulfilment of specified conditions. 

The compliance certificate for big employers/designated employers will be issued in terms of Section 53 if they:
•    have met any sectoral targets in terms of section 15A that applies to it, or has provided reasonable grounds in terms of legislation justifying its failure to comply;
•    have not been found by the CCMA or a court within the previous twelve months to have – breached the prohibition on unfair discrimination; or failed to pay the national minimum wage in terms of the law;
•    have submitted a report in terms of Section 21, and 
•    comply with Chapter II on the prohibition of unfair discrimination.
The compliance certificates for small/non-designated employers will be issued in terms of Section 53 if they comply with: 
•    Chapter II on the prohibition of unfair discrimination; and
•    National Minimum Wage Act, 2017.

He was speaking yesterday (October 10) during the Department of Labour roadshow on the national public hearings on the EE Amendment Bill & Regulations held at the Olive Convention Centre in Durban. Lefika said as part of monitoring mechanisms, the Department would link its systems with the CCMA, the Department of Trade and Industry and the National Treasury to enforce compliance.

The Department of Labour recently published the Employment Equity Amendment Bill and the Draft Employment Equity Regulations in the Government Gazette in response to the slow pace of transformation in the workplaces. The Department is using the public hearings to gather comments to the amendments.

The public hearings are held under the theme: “Real transformation makes business sense”. The public hearings are also focusing on EE reporting advocacy.

The key objectives of the EE amendments are:
•    Introduction of provisions and regulatory requirements for the promulgation of Section 53 to ensure employers financially benefiting from State contracts comply with the EE Act.
•    To bring alignment between definitions, policy provisions and the administration systems and enhancing on the collection of data for the National Minimum Wage Commission,
•    Introduction of provisions in the EE Amendment Bill and regulations for the consultation and setting of numerically based sector targets across various occupational levels to ensure an equitably represented workforce,
•    To make reporting requirements easier for designated employers who are small employers

Lefika said the Employment Equity Act has walked a long journey since it was enacted in 1998. He said when the Commission for Employment Equity paused and reviewed progress it found out that the implementation of transformation was moving at a snail pace.

“It is clear that there is no transformation in the workplaces. We do acknowledge however, that there are pockets of excellence demonstrated by other employers when it comes to implementing transformation in the labour market,” he said.
Lefika said another amendment in the EE Bill was that the psychological testing and other similar assessments have been repealed.

Another set of public hearings on EE amendments & Regulations will be held on Friday (October 12) at Horseshoe Inn 101 Memorial Road in Kimberley, Northern Cape and at Orion Hotel – Donkerhoek Street in Rustenburg, North West Province.

The public hearings on Employment Equity amendments & Regulations started on 02 October in East London. Since then public hearings have been held in East London, Port Elizabeth, Cape Town and Pietermaritzburg. 

The public hearings are open to employers or heads of organisations, academics, assigned senior managers, consultative EE forum members, human resource practitioners, trade unions representatives and employees.

The EE public hearings are held from 08:30 to 14:00. The public hearings end on 26 October 2018 in Johannesburg, Gauteng Province. Comments to the amendments will be accepted until November 20.

NB: The EE 2018 Online reporting season is now open. The online EE reporting closes on 15 January 2019.

Issued by:

Mokgadi Pela
Acting Departmental Spokesperson
082 808 2168

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