The new Employment Equity Amendment Bill is out for comment!

In 2023, the Department of Labour and Employment attempted to pass an Employment Equity Act Amendment Bill that outlined various discrepancies and was duly challenged within the courts in terms of fairness and transparency.

In relation to the settlement agreement between the Department and Solidarity, the Employment Equity Amendment Bill has been adjusted and can be seen as a major step in the right direction.

This bill is open for comment (90 days) and the notable changes or inclusions are as follow:

• Targets for racial groups such as African, Coloured, Indian and White has been removed and it introduces a combined target for designated groups for genders as per EAPs;
• Targets are still to be set and met within a plan which is more clearly outlined and discussed for the designated occupational levels (top 4);
• Population group targets for semi-skilled and unskilled categories will remain unchanged;
• There is no longer provincial targets - only national targets;
• Representation at top levels are adjusted in terms of:- Top Management from 51.3% to 46%- Senior Management from 57% to 48%- Professionally Qualified and Middle Management from 70% to 64%

Employers with Foreign personnel will be required to adhere and comply with the awaited National Labour Migration Policy (draft) which is expected to provide guidelines which states the percentage of allowed foreign employment against workforce numbers. The quotas will provide for insights and inclusion to the Employment Equity Targets.