Employment Law in South Africa

Employment Law in South Africa Regarding Employment Equity Reporting

The employment law in South Africa is complex and it is essential that managers, supervisors, and business owners become familiar with the various aspects of employment law in the country. The Employment Equity Act is one of the important laws in South Africa and it is imperative that business owners gain a better understanding of the requirements of the act.


What Is the Purpose of the Act?

The act, as part of employment law in South Africa, aims to ensure equity in the workplace. This is done by promoting fair treatment with regards to the employment relationship and by ensuring equal opportunities. It is also achieved through the elimination of actions that can be regarded as unfair discrimination. It is furthermore achieved through the implementation of affirmative action steps, in order to address and correct the disadvantages in employment that specific groups experienced in the past. The act also aims at ensuring that equal representation of the disadvantaged groups is achieved in the various occupational categories and at all levels of employment.


Reporting Requirements

Designated employers must submit their employment equity reports every year to ensure compliance with the employment law in South Africa. The reporting deadline for this year was the 1st of October 2018. If you use the online reporting platform, your firm has until the 15th of January 2019 for submitting the employment equity report for the 2018 period of reporting.


The Role of the Employment Equity Plan

The law regarding employment equity in South Africa stipulates that the designated employers must draw up a plan to achieve employment equity. This plan shows the intended steps towards achieving such over a specific period. Part of doing so entails the analysis of the firm’s workforce profile, and the policies and practices of the employer. The drafting of the equity plan must be done in consultation with the relevant unions and employees.


What Must Be Included?

The law in South Africa regarding employment equity requires that the plan must include the objectives for each year that form part of the plan, in addition to the affirmative action measures that the firm intends to implement. It must also show where people from the previously disadvantaged groups, disabled people, and women are not represented, and what the numerical goals are for representation, in addition to timetables and strategies in order to reach the set goals. The duration of the plan must also be shown. The plan cannot be for more than five years or for fewer than 12 months. It must stipulate the planned procedures for monitoring and evaluating the implementation and methods that will be used to solve disputes related to the plan. Finally, the plan must show who in the firm is responsible for ensuring the implementation.


Relevancy of Particular Law to Your Firm

If your firm employs 50 or more workers or your firm has a higher turnover than the threshold stipulated in Schedule 4 of the Employment Equity Act, you must adhere to the requirements stipulated regarding affirmative action.


Where to Get Help

Ensure compliance with the employment laws in South Africa regarding employment equity by making use of our legal consultation and training services.

Call 011 234 2125 for legal assistance regarding employment law matters in South Africa. We look forward to being of assistance.


Disclaimer: This article is for information purposes only and does not constitute legal advice. Call on our attorneys for legal advice, rather than relying on the information herein to make any decisions. The information is relevant to the date of publishing – November 2018.

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