The Employment Equity Amendment Act, 2022 is set to come into effect in September 2023.

The amendments empower the Minister of Employment and Labour to determine sectoral (industry or service) and/ or regional numerical targets for the purpose of ensuring the equitable representation of suitably qualified people from designated groups (blacks, women and persons with disabilities) at all occupational levels in the workplace, and to issue compliance certificates accordingly.

Addressing the pace of Transformation in the workplace:

Employers with less than 50 employees have been removed from the ‘designated employers’ list and a turnover threshold no longer applies.

Only designated employers have the obligation to submit their certificates of compliance with these quotas as part of their government tenders.

Designated employers will also have to include, as part of their reporting, information on remuneration and benefits paid in each occupation level of the workplace.

All employers must still adhere to the general provisions of the Employment Equity Act, 1998.

Labour Inspectors will be serving compliance orders and non-compliance could attract disqualification from government tenders, hefty fines and litigation.

The definition of ‘persons with disabilities’ has been expanded to include psychological and sensory disabilities – bringing it in line with the UN Convention on the Rights of Persons with Disabilities, 2007.

Proposed targets have not been published yet, but a number of interest groups have indicated that they plan to challenge the legislation in Court.