On 15 April 2025, the Minister of Employment and Labour, by notice in the Government Gazette, identified the national economic sectors and determined the sectoral numerical targets, effective from such date (Gazette 1).
In the workshop, we will specifically deal with the following issues relevant to Gazette 1:
- An analysis of the 5-year sectoral numerical targets
- The manner in which designated employers must take the said targets into account in applying affirmative action measures
- An assessment of compliance with affirmative action, inclusive of whether or not reasonable grounds for non-compliance with such targets currently exist, or could exist
- Relevant provisions of the Code of Good Practice: preparation, implementation and monitoring of employment equity plans
- Relevant provisions of the Code of Good Practice on the integration of employment equity into HR policies and practices
On the same day, namely, 15 April 2025, the Minister also repealed the 2014 regulations and introduced the so-called
General Administrative Regulations in a second Gazette (Gazette 2).
In the workshop, we will, amongst other things, deal with the following issues relevant to Gazette 2:
- The correct usage of economically active population data
- The correct analysis of occupational levels
- The correct reporting format when reflecting actual, as compared to target, numbers for each designated group, spread over the various occupational levels
the specific duties of a designated employer in respect of equal pay for work of equal value, inclusive of the following:
- Formulating an approach to be adopted, so justifiable within the legislative framework, but applicable to your specific workplace
- The correct approach to be adopted in classifying all jobs
- The appropriate approach to be adopted when mapping employees into jobs
- How to undertake an analysis of representation of race, gender and disability across earnings percentiles
- How to identify potential trends, based on race, gender and disability
- The identification of factors justifying differentiation in terms and conditions of employment
- The specific aspects that a remedial action plan must address (with reference to, inter alia, section 27 of the EEA and Form EEA4
Item 3 of Gazette 1 clearly indicates that a designated employer will not incur penalties or any form of disadvantage if there are reasonable grounds for non-compliance with employment equity affirmative action targets – during the work-
shop, we specifically analyse your workplace in order to determine whether or not there may indeed be such justifiable reasonable grounds for not complying with the said targets.
When it comes to assessing compliance with employment equity targets, during the workshop we will guide you to ensure that the targets you set for the baseline year of 2025, as well as your duty to make reasonable progress, are justifiable and fair. Similarly, during the workshop, we will provide the required input and guidance to ensure that the targets you set and your duty to make reasonable progress are furthermore spread across measurement years 1 to 4 (namely, 2026 to 2029).
By following the above approach, you should be able to evaluate, with more confidence, your obligations as a designated employer when the compulsory sectoral targets have to be complied with in measurement year 5 (the end of 2030).
Specific employment equity materials to be provided to the SALLR facilitator before the workshop and to be considered during the workshop
The following material needs to be provided:
- The basis upon which a specific economic sector has been selected as the one within which the designated employer operates
- If the designated employer operates in more than one sector, then the number of employees in respect of each sector is to be provided
- Documentation indicating the manner in which the designated employer, in applying affirmative action measures, complies with the EEA, the aforementioned General Administrative Regulations and the various relevant Codes of Good Practice
- The workforce analysis undertaken by the designated employer to determine under-representation, as measured against the relevant economically active population (EAP)
- Your compiled employment equity plans, so as to achieve equitable representation of designated groups, per occupational levels
- Minutes of the last five years’ consultations with the relevant employment equity committee
- Relevant employment policies, practices and procedures which may contain employment barriers which adversely affect people from in the case where the designated employer operates in more than one province, the following detail must be provided designated groups
- The nature of the operations in each province
- The basis upon which the designated employer made the following selection: utilise the national EAP or the provincial EAP for each province in which it operates
- In the case where the designated employer operates in more than one province, an identification of the province where it employs the majority of its employees
- A document containing the classification of all jobs that are the same, substantially the same or of equal value and indicating the identity of the employees falling within the aforesaid three categories, with reference to their race, gender and disability, across all earnings percentiles.
Approach to be adopted during the workshop
The workshop will commence with an analysis of the current approach adopted at your workplace, followed by an audit to determine the level of your non-compliance with the new requirements. Thereafter, a joint action plan will be developed to give effect to the issues identified in the audit – lastly, and most importantly, at the end of the workshop you must be in a position to initiate what is required of you to implement the action plan to ensure the required compliance levels.
