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Employment Equity Amendment Bill - 2024

The landscape of Employment Equity is changing. Transformation has not progressed as envisaged and consequently amendments were proposed which would speed up the transformation process.


It is important to note that these changes have not been passed into law yet and that the expectation is that it would be business as usual during the reporting season of 2024. Designated Employers are still Employers with 50 or more staff members or who have reached a certain turnover threshold (dependent on the industry). 


Proposed changes include doing away with the aforementioned threshold target, which would exempt smaller organizations from designation and all the requirements that go with designation. 


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These include:

  • Duty to report to the department yearly 

  • Duty to analyze the workforce in terms of transformation status

  • Duty to inform staff

  • Duty to consult with staff and keeping record of consultation 

  • Planning for transformation in the form of an Employment Equity plan

The Employment Equity Amendment Bill proposes:

  • Employers who employ less than 50 staff members will not be considered designated

  • Broader inspecting and enforcement of the Act

  • Employment Equity plans of 5-years

  • Economically Active population targets will be replaced with the following proposed targets:



The minister has the power under the Amendment Bill to determine targets per sector. This is the salient potential amendment to the Act.


Employers will note that the targets do not distinguish between African, Colored and Indian. Targets have not been set for semi-skilled and unskilled staff.


 
 
 

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