It’s that time of the year (or two years) again.  All employers employing more than fifty people must submit an EE report to the Department of Labour EE Commission by 1^st October 2010 or face an investigation by the Department of Labour.  The report must be completed according to a set of documents produced by the Department of Labour , referred to as the EEA2 and EEA4 Reports.  Companies that are registered for online submission have until 14^th January 2011.

The EE Act requires employers to compile an EE Plan.  The Act compels the employer to put in writing exactly what the employer will do to make the gender and racial profile of the work place reflective of the South Africa population. The employer is required to “consult” with employees on/or representatives.

The consultation must be on the following:

(i.)            An analysis of the racial and gender profile of the employees;

(ii.)            The drafting of an EE plan;

(iii.)            The completion of the EE Report;

We have noted increased activity from the Department of Labour as inspectors have paid visits to numerous companies over the past few months.  Those not fully complying with the legislation have been given compliance orders.

Your EE Plan is a public document that may be viewed by customers, employees and even Union Officials.  Public companies must publish a summary of their EE Plan in their Annual Statements.

If you require assistance in completing your EE Reports or in compiling an EE Plan we can assist.  Remember the Minister of Labour has the power to fine you if you do not apply his Act.  The fines range from R500 00.00 to R900 000.00.