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Employment Equity Act, 1998 (Act No. 55 of 1998)

Chapter III : Affirmative Action

21. Reports

 

(1) A designated employer must submit a report to the Director-General once every year, on the first working day of October or on such other date as may be prescribed.

[Subsection (1) amended by section 11(a) of Act No. 47 of 2013]

 

(2) [Subsection (2) deleted by section 11(b) of Act No. 47 of 2013]

 

(3) Despite subsection (1), an employer that becomes a designated employer on or after the first working day of April but before the first working day of October, must only submit its first report on the first working day of October in the following year or on such other date contemplated in subsection (1).

[Subsection (3) amended by section 11(c) of Act No. 47 of 2013]

 

(4) The report referred to in subsection (1) must contain the prescribed information and must be signed by the chief executive officer of the designated employer.

[Subsection (4) amended by section 11(c) of Act No. 47 of 2013]

 

(4A) An employer that is not able to submit a report to the Director-General by the first working day of October in terms of subsection (1) must notify the Director-General in writing before the last working day of August in the same year giving reasons for its inability to do so.

[Subsection (4A) inserted by section 11(d) of Act No. 47 of 2013]

 

(4B) The Director-General may apply to the Labour Court to impose a fine in accordance with Schedule 1, if an employer—
(a) fails to submit a report in terms of this section;
(b) fails to notify and give reasons to the Director-General in terms of subsection (4A); or
(c) has notified the Director-General in terms of subsection (4A) but the reasons are false or invalid.

[Subsection (4B) inserted by section 11(d) of Act No. 47 of 2013]

 

(5) [Subsection (5) deleted by section 11(e) of Act No. 47 of 2013]

 

(6) Every report prepared in terms of this section is a public document.