Reminder: Notice to all non-designated employers regarding the Employment Equity Amendment Act, 2022
21 July 2023
The Department of Employment and Labour (DoEL) has issued a notice that, in terms of the amendments to section 1 of the Employment Equity Act as amended, the small employers are no longer considered designated if they meet or exceed the turnover threshold (i.e. schedule 4 has been repealed). This pertains to employers with fewer than 50 employees (Non-Designated employers) who are not an organ of state and not bound by a collective agreement would be regarded as non-designated employers.
Please note that Non-Designated employers (those that employ between 1-49 employees) will no longer be required to comply with Chapter III of the EEA in relation to the submission of the EE Reports (i.e. EEA2 and EEA4 forms) to the Director-General of the DoEL.
The Department therefore discourages Non-Designated employers, who envisage or are currently conducting business with any organs of the state, to deregister their EE profile through the EEA14 form.
In light of the above, kindly note that Non-Designated employers will still be required to access their EE profile when requesting the EE certificate of compliance in order to do business with any organs of the state in terms of section 53 of the EEA. The Department urges you not to request deregistration through the EEA14 process.
Any Member that wishes to make an inquiry in this subject regard, can contact the RMI’s Transformation Director, Ms. Nonhlanhla Tshabalala on Noni.Tshabalala@rmi.org.za or telephonically on 083 208 7161.
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