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


Employment Equity Regulations, 2014

Duties of a Designated Employer

10. Duty to report


(1) A designated employer must submit a report to the Director-General in terms of section 21 of the Act annually on the first working day of October or by 15 January of the following year  only in the case of electronic reporting using the EEA2 form.


(2) Employment equity reports must be addressed to the Employment Equity Registry, Department of Labour, Private Bag X117, Pretoria, 0001 or submitted electronically using the online reporting system available on the departmental website,


(3) An employer who becomes designated 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 of the following year.


(4) A designated employer that is a holding company with more than one registered entity may choose to submit a consolidated report.


(5) A designated employer who chooses to submit a consolidated report contemplated in subregulation 10(4) must have a consolidated Employment Equity Plan which is supported by individual Employment Equity Plans for each of the registered entities included in the consolidated report.


(6) The method of reporting contemplated in subregulation 10(4) should remain consistent for the duration of the plan.


(7) An employer must inform the Department in writing immediately of any changes to their trade name, designation status, contact details or any other major changes, including mergers, acquisitions and insolvencies.


(8) A designated employer who is unable to report 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 using the EEA14 form.


(9) A designated employer must retain a copy of the report for a period of five years after it has been submitted to the Director-General.


(10) In terms of Section 22, every designated employer must publish a summary of a report required by Section 21 reflecting progress in their annual financial report by using the EEA10 annexure for guidance.


(11) An employment equity report (EEA2), except for the Income Differential Statement reflected in the EEA4 form, submitted to the Department of Labour is a public document and a copy may be requested by the public by completing and submitting the EEA11 form to the Department of Labour, Employment Equity Registry.