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EMPLOYMENT EQUITY REPORTING FOR OCTOBER 2005

When to report?

The designated employers are required to report by the legislative reporting deadline, which is the first working day of October.

Who are designated employers?

Designated employers include:

  • Employers who employ 50 or more employees.
  • Employers who employ 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 4 of the Employment Equity Act
  • An employer bound by a collective agreement, appointed as a designated employer in terms of the employment equity Act
  • Municipalities
  • Organs of state

Who must report?

For this reporting period the Department of Labour would like to remind:

  • Employers that employ 150 and or more employees.
  • Employers who have become newly designated employers that is, either reaching the 50 employees mark or meeting the requirements of the income threshold during or between October 2004 and up to now.

What if employee numbers vary from time to time and only occasionally reach the 150 mark?

Employers who are designated and have been reporting, or should report, must continue to submit their reports and will be advised otherwise by the Department.

Should employers avoid reporting requirements by manipulating employee numbers around these dates, they may be subject to a Director-General’s review.

NB: small employers, with fewer than 150 employees must not submit their EE reports as they submitted in 2004.

Which forms to use?

Bigger (150/ and or more) employers who report must complete and submit the Employment Equity Report on:

Form EEA 2 – all sections

Form EEA 4 – all sections

The newly designated employers must complete and submit the Employment Equity Report on:

Form EEA2A-all sections

Form EEA4A-all sections

Copies of all the forms can be accessed in our website www.labour,gov.za and at the Department’s Provincial Offices and Labour Centres.

NB. Do not submit EE Plans, but EE Reports.

WHERE TO SUBMIT REPORTS?

Reports should be posted, faxed or e-mailed to:

Employment Equity Registry

Department of Labour

Private Bag X 117

Pretoria

0001

Tel. No. 012 309 4043/4330/4423/4898/4738

Facsimile: 012 309 4737/4188/4739

E-mail: ee@labour.gov.za

Alternatively reports should be handed in at the Department’s provincial office or labour centre in an envelope clearly marked "Employment Equity Registry".

You are also required to display a copy of your most recent report in all workplaces

FREQUENTLY ASKED QUESTIONS

Do foreign nationals qualify as members of designated groups?

The foreign nationals do not qualify as members of designated groups. Although foreign nationals may be included in the various reports submitted by employers, it would be unacceptable to use these employees as members of designated groups or as the basis of setting numerical goals.

What about employees from temporary employment services?

Temporary employees of an employer who have worked for three continuous months or more must be included in all reports to the Department of Labour even where they have been procured through an employment agency.

Temporary employment services who employ 50 or more employees or whose turnover exceeds the threshold specified in Schedule 4 of the Act are required to report to the Department of Labour, therefore must submit.

What should public companies publish?

A summary of their report (form EEA 2) to the Department of Labour, excluding the income differentials statement. It is recommended that companies include at least section B of form EEA2 in the summary.

Organs of state and other related entities

Any state organ and related entities, statutory bodies and/or any other constitutional entities, must also submit, annually, their employment equity reports on the first working day of October.

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