Administration of Estates Act, 1965
R 385
Employment Equity Act, 1998 (Act No. 55 of 1998)RegulationsEmployment Equity Regulations, 2025Enforcement Mechanisms16. EE Compliance Certificate in terms of section 53 |
| (1) | An employer must request a certificate in terms of section 53 of the Act online by means of the Department’s website: www.labour.gov.za. |
| (2) | A designated employer may request a certificate in terms of sub-regulation (1) after submitting its annual report in terms of section 21 of the Act. |
| (3) | An employer, that is not a designated employer, requesting a certificate in terms of section 53 of the Act must specify that it complies with Chapter II of the Act and that it complies with the National Minimum Wage Act, 2018 using the EEA15 form. |
| (4) | A designated employer must specify in its application on the EEA15 form any grounds that it seeks to rely upon to justify its failure to comply with— |
| (a) | any requirement for the issuing of a certificate as contemplated by section 42(4) of the Act; or |
| (b) | in the case of non-compliance with a sectoral target, any grounds contemplated by section 53(6)(b). |
| (5) | Justifiable reasonable grounds for not complying with the targets are— |
| (a) | insufficient recruitment opportunities; |
| (b) | insufficient promotion opportunities; |
| (c) | insufficient target individuals from designated groups with relevant formal qualifications, prior learning, relevant experience or capacity to acquire, within a reasonable time, the ability to do the job, as contemplated by sections 20(3) to (5) of the Act; |
| (d) | the impact of a CCMA award or court order; |
| (e) | a transfer of a business; |
| (f) | mergers or acquisitions; and |
| (g) | the impact of economic conditions on the business. |
| (6) | An EE Compliance Certificate in terms of section 53 of the Act must be issued to— |
| (a) | a designated employer in the form of EEA16A; or |
| (b) | an employer, that is not a designated employer, in the form of EEA16B. |
| (7) | A certificate issued in terms of section 53 of the Act is valid for twelve months from the date on which it is issued. |
