According to a recent media statement released by the South Africa Department of Employment and Labor (DoEL), the long-anticipated amendments to the Employment Equity Act 1998 (EEA) will come into operation from Sept. 1, 2023.
The Employment Equity Amendment Bill (the Bill) was originally introduced in Parliament in July 2020. It was subsequently passed by the National Assembly in November 2021 and, more recently, by the National Council of Provinces on May 17. It is currently awaiting the president's signature. The DoEL's statement indicates that such signing may be imminent, and that President Cyril Ramaphosa will affix his signature between now and the beginning of 2023.
Amendments
The most notable amendments to be introduced by the Bill include the following.
Deletion of part of the current definition of "designated employer." This will mean that, with effect from Sept. 1, 2023, an employer (other than a municipality, organ of state or an employer appointed as a designated employer in terms of a collective agreement) will only be considered a designated employer for purposes of the affirmative action provisions of the EEA if it employs 50 or more employees. There will no longer be any consideration given to an employer's total annual turnover.
Ability of the minister of employment and labor to identify national economic sectors and set numerical targets. In this regard, the DoEL has indicated that engagements with relevant stakeholders on the setting of...
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