Effect Of Employment Equity Act Amendments On The Reporting Deadline Of 15 January 2025 - Danie Pretorius

Employers have received reminders from the Department of Employment and Labour that the deadline to submit their 2024 Employment Equity Reports is Wednesday, 15 January 2025 at midnight.

The Employment Equity Amendment Act, 4 of 2022, indicates that employers must still comply with the employment equity legislation predating the amendments for the 2024 period.

As such, even if an employer employs less than 50 employees and given that its turnover has now become irrelevant, and as a result it does not qualify to be a designated employer anymore, does not detract from the obligation of such employer to still report retrospectively for 2024 because the aforesaid amendment which renders such an employer not a designated employer anymore only operates prospectively (being from 1 January 2025 onwards), and not retrospectively.

Employers should take care to comply with the aforesaid deadline regardless of the fact that they would no longer be considered a designated employer for purposes of their employment equity obligations. They would not have to report at the end of 2025 for the 2025 period. That does not detract from their obligations in respect of 2024.