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DOL Clarifies EE Certificate of Compliance

October 12, 2018

Department of Labour

Employers that comply with and implement employment equity (EE) will be issued with a certificate of compliance valid for 12 months subject to meeting a number of conditions.

The labour department confirmed this in a statement on the ongoing public hearings on the Draft Employment Equity Amendment Bill and Draft Employment Equity Regulations published for comment in September 2018.

The bill seeks to amend the Employment Equity Act of 1998 so as to:

• insert new provisions to allow the Minister of Labour to establish sectoral numerical targets for the purpose of ensuring the equitable representation of suitably qualified people from designated groups (blacks, women and persons with a disability) at all occupational levels in the workforce; and
• enhance the administration of the Act, including the implementation of section 53 concerning state contracts.
According to the department, some of the conditions for the issuing of the compliance certificate to designated employers include the meeting of sectoral targets, no findings against the employer regarding unfair discrimination or a failure to pay the national minimum wage and the submission of a section 21 report.

The department also plans to link its systems with the trade and industry department and national treasury in order to enforce compliance.

Hearings end in Johannesburg on 26 October 2018.

Meanwhile, in another statement, the department announced that it plans to, via its entities in a partnership with the Public Investment Corporation, invest R800-million in labour-intensive investments in the agriculture and related business and projects in 2019.

Poultry and abattoir projects in various provinces are to be the likely recipients of the investment.

The department wants the investments to benefit and support workers and local communities.