What are some of the more important duties of a designated employer, in terms of s19 of the Employment Equity Act (EEA), read together with Regulations 8 and 9 of the General Administrative Regulations (contained in Government Gazette 52515 of 15 April 2025)?
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The duties of a designated employer include an analysis in terms of s19 of the EEA
- In terms of s19(1) of the EEA, a designated employer must collect information and conduct an analysis of the following: employment policies, practices and procedures and the working environment, to identify employment barriers which adversely affect people from designated groups.
- In terms of s19(2) of the EEA, an analysis must include a profile of the designated employer’s workforce in each occupational level (i e unskilled, semi-skilled, skilled, middle management, senior management and top management) in order to determine the degree of underrepresentation of people from designated groups in the various occupational levels in the workforce.
General Administrative Regulations
- Regulation 8(5)(a): when a designated employer conducts an analysis in terms of s19 of the EEA, the employer must refer to EEA8 (Guide on applicable National and Regional EAP).
- Regulation 8(5)(b): when conducting such analysis in terms of s19 of the EEA, the employer must also refer to EEA9 (the description of occupational levels).
- In terms of Regulation 9(7), a designated employer must:
- comply with the numerical targets ito s15A(3) for the economic sector in which it operates
- refer to the Ministerial Notice issued ito s15A and EEA17 to the Regulations to determine the sector in which it operates
- if the designated employer operates in more than one sector, it must apply the numerical targets for the sector in which the majority of its employees are engaged
