The Department of Employment and Labour confirms that key sections of the Employment Equity Amendment Act 04 of 2022 will come into full force and effect on 1 January 2025.
IMPORTANT NOTE: This implementation date does not affect current Employment Equity Reporting obligations. All designated employers under the current Employment Equity Act must continue to submit their Employment Equity Reports as required by law.
Key Amendments Taking Effect:
1. Definition Changes (Section 1):
Removes paragraph (b) from "designated employer" definition
Adds definition of "National Minimum Wage Commission"
Updates definition of "people with disabilities"
Adds definition of "sector"
2. Changes to Employment Conditions Commission (Section 8):
Transfers powers to the National Minimum Wage Commission
3. Repeal of Section 14:
Removes voluntary compliance provisions
4. Introduction of Sectoral Targets (Section 15A):
Empowers Minister to set numerical targets for sectors
Establishes consultation requirements for target-setting
Allows different targets for various occupational levels
5. Consultation Process Changes (Section 16):
Modifies requirements for consultation with trade unions
6. Employment Equity Plans (Section 20):
Requires alignment with sectoral targets
7. Reporting Changes (Section 21):
Revises annual reporting requirements
Modifies deadline notification procedures
8. Income Differentials (Section 27):
Transfers functions to the National Minimum Wage Commission
Updates measures for addressing disproportionate income differentials
9. Labour Inspector Powers (Sections 36 & 37):
Expands compliance order scope
Modifies service requirements
10. Assessment Criteria (Section 42):
Adds sectoral target compliance as an assessment criterion
11. State Contracts (Section 53):
Establishes new criteria for certificate issuance
12. Technical Changes:
Repeals Section 64A and Schedule 4
Removes certain footnotes
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5th & 11th December (10:00 - 12:00)
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