The Employment Equity Amendment Act 4 of 2022 has been signed into law by President Cyril Ramaphosa. This law changes the Employment Equity Act of 1998 (Act 55 of 1998) by adding new rules to encourage fairness and equality in the workplace. The new law has not been implemented yet, but it is expected soon.
The Employment Equity Act applies to everyone who works or hires people in South Africa, except for some government agencies. Some parts of the law only apply to certain employers. The changes to the law will make it so that fewer employers have to follow those parts, which will make things easier for smaller businesses.
One of the big changes is that the Minister of Labour and Employment will be able to set goals for how many people from different backgrounds should work in different types of jobs. This is to make sure that people who have been unfairly treated in the past get a fair chance to work in different kinds of jobs.
Other fundamental changes include amendments to the meaning of designated employer read with a turnover threshold. As a result of the turnover threshold, smaller employers will not be required to comply with the obligations of a designated employer relating to affirmative action, including the development and implementation of employment equity plans and reporting to and submission of employment equity reports to the Department of Employment and Labour. This will significantly relieve the administrative burden on these employers.
The effective date is yet to be proclaimed by the President.
Read about the amendments in the alert issued by Cliffe Dekker Hoffmeyr here.
