By Michelle Naidoo / Partner / Mooney Ford Attorneys
Top 10 Highlights of the new regulations, effective 15 April 2025, are the following:
- Final sectoral targets for 18 national economic sectors are in force. The mandatory targets are to be achieved by 2030.
- Designated employers (employing more than 50 employees) must set annual numerical targets to be achieved for each year from 2025 to 2030 aligned to the mandatory 2030 sectoral targets.
- An employer must take steps to eliminate unfair discrimination over differences in terms and conditions of employment, including remuneration of employees who perform work of equal value, if those differences are based on a listed or arbitrary ground prohibited in terms of the EEA.
- New statutory forms for conducting analysis, reporting annually and for employment equity plans.
- All designated employers must prepare and implement an EE Plan for the same period being, 1 September 2025 until 31 August 2030.
- The strict “no regression bar” which appeared in the previous drafts, is not included in the final version, however, designated employers are cautioned to avoid perpetuating over-representation of any group against the EAP.
- If targets are achieved, then designated employers must not halt progress, they must continue to set targets towards achieving equitable representation based on the EAP.
- Information contained in EE reports must be verified and authorised by the CEO.
- Compliance certificates may be applied for electronically and will be issued if qualifying criteria are met.
- Compliance certificates may be withdrawn on grounds of misrepresentation or inaccurate information being furnished.
Designed employers are duty obliged to:
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- request employees to complete employee declarations concerning race, gender and disabilities
- to consult with employee representatives and to implement an Employment Equity Plan containing all prescribed elements of the template provided in the new regulations
- submit annual reports before the statutory deadline
- inform, create awareness and provide training on the provisions of the Employment Equity Act and Codes of Good Practices
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