Employment Equity: Annual targets must be set by employers
26 July 2023
Accounting
South African Accounting Academy
Stakeholders were reminded that employers would be assessed on their own set annual EE targets, and that these are not quotas as there is flexibility for employers to set their own annual EE targets to be measured on.
The economically active population (EAP) information as published by Statistics South Africa is the guiding tool that must be used by employers when consulting with employees, conducting an analysis and when preparing and implementing EE plans.
While the amendments exclude the small employers from submitting EE reports, those employers would still be expected to comply with the provisions of the National Minimum Wage and ensure that they do not have CCMA unfair discrimination Award against them in the previous 12 months.
It must be reiterated that the current status quo in regard to the implementation of Employment Equity Act will remain in place until the proclamation date is signed into law to effect the amendments.
Relevance to Auditors, Independent Reviewers & Accountants:
The Employment Equity Act is yet another piece of legislation that your clients must comply with, and which you must assess compliance with. If they don’t comply with the relevant laws and regulations, you have certain reporting obligations in terms of NOCLAR (NOn-Compliance with Laws And Regulations) – this could include reporting to management, qualifying your audit opinion, reporting a Reportable Irregularity, etc.
As an auditor, independent reviewer and accountant, you should be aware of amendments to Employment Equity Act, so that you can assess the impact thereof on your clients and when the changes will take effect.
If you meet the definition as a “designated employer”, you also need to comply with the Employment Equity Act in your workplace.
Relevance to Your clients:
A designated employer (whether a company or close corporation) has a duty to comply with the Employment Equity Act, otherwise they could be held liable.
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