Draft Employment Equity Regulations, 2018

By Jacques van Wyk, Director and Yusha Davidson, Candidate Attorney

The Minister of Labour has published the Draft Employment Equity Regulations, 2018 (“Draft Regulations”). The Draft Regulations introduce regulations to give effect to the provisions of the Employment Equity Amendment Bill, 2018 (“Bill”) and provides for new forms in connection therewith.

The Draft Regulations introduce regulation 7A, which provides for the relevant criteria to be taken into account when the Minister sets numerical targets for any sector or part thereof for purposes of ensuring the equitable representation of suitably qualified people from designated groups at all occupational levels in the workforce.

Regulation 10 of the Draft Regulations reformulates the requirements for a designated employer to submit its employment equity report and provides for additional forms to streamline the submission process.

Regulation 12 of the Employment Equity Regulations, 2014 is amended by the Draft Regulations to transfer the submission of an employer’s income differential statement from the Employment Conditions Commission to the National Minimum Wage Commission.

In terms of section 53 of the Employment Equity Act 55 of 198 (“EEA”) and the amendments proposed by the Bill, an employer may request a certificate from the Minister confirming its compliance with the EEA.