Employment Equity Act, 1998 (Act No. 55 of 1998)RegulationsEmployment Equity Regulations, 2025Duties of a Designated Employer10. Duty to report |
| (1) | A designated employer must submit a report to the Director-General in terms of section 21 of the Act annually— |
| (a) | by hand delivery of a completed EEA2 form as specified in regulation 10(2) together with the EEA4 form in terms of regulation 12; or |
| (b) | electronically by using the online reporting system available on the Department’s website: www.labour.gov.za. |
| (2) | A designated employer that submits its report by hand must do so by delivering a completed EEA2 form and EEA4 form, which are signed by the Chief Executive Officer/ Accounting Officer of the employer— |
| (a) | to the Head Office of the Department for assistance to immediately capture the report into the system and receive feedback; and |
| (b) | in the period from 1 September until the first working day of October. |
| (3) | A designated employer may submit a report electronically using the online reporting EE System from 1 September until 15 January of the following year. |
| (4) | An employer that becomes a designated employer on or after the first working day of April is only required to submit its first report in the following reporting cycle. |
| (5) | A designated employer will not be assessed for compliance with its annual targets in the first report submitted after becoming a designated employer. |
| (6) | A designated employer may not be issued with a certificate in terms of section 53(2) of the Act unless it has submitted a compliant report in the preceding year. |
| (7) | A designated employer that is a holding company controlling more than one registered entity may choose to submit a consolidated report. |
| (8) | A designated employer that chooses to submit a consolidated report contemplated in sub-regulation 10(7) must— |
| (a) | 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; and |
| (b) | adopt a method of reporting that remains consistent for the duration of the plan. |
| (9) | The information contained in a report must be verified and authorised by— |
| (a) | the chief executive officer; or |
| (b) | in the case of an employer falling under the Public Finance Management Act, 1999 (Act No.1 of 1999) or the Municipal Finance Management Act, 2003 (Act No. 56 of 2003), the accounting officer. |
| (10) | A designated employer must inform the Director-General in writing immediately of any changes to— |
| (a) | their trade name; or |
| (b) | details of their chief executive officer or accounting officer and the managers who have been assigned responsibility in terms of section 24 of the Act. |
| (11) | A designated employer that is unable to report in terms of this regulation must notify the Director-General in writing by the last working day of August in the same year giving reasons and providing evidence for its inability to do so using the EEA14 form. |
| (12) | The Department must provide an employer that has submitted a report with one of the following— |
| (a) | a letter rejecting the report because it does not comply with the requirements of the Act and these regulations; |
| (b) | a letter advising the employer that there are errors in the report and requesting the employer to rectify those errors within a specified period; or |
| (c) | an electronic acknowledgement letter stating that the report is complete and has been submitted into the Department’s EE system. |
| (13) | A designated employer that receives a letter advising that there are errors in the report in terms of sub-regulation (12)(b) must submit information correcting those errors within the period specified in the letter. |
| (14) | A designated employer must retain a copy of the report for five years after it has been submitted to the Director-General in terms of section 21 of the Act. |
| (15) | Public companies that are designated employers must publish a summary of their EEA report in terms of section 21 of the Act in their annual financial report in terms of section 22 of the Act, including the information specified in the EEA10 form. |
| (16) | An EE report submitted in terms of section 21 of the Act is a public document and a copy may be requested by completing and submitting the EEA11 form online using the Department’s website: www.labour.gov.za. |
| (17) | The relevant provisions of the Electronic Communications and Transactions Act No 25 of 2002 are applicable in respect of any issue concerning the electronic submission of a report or receipt of a document or e-mail. |