Legal updates and opinions
News / News
Draft Employment Equity Regulations, 2018
By Jacques van Wyk, Director and Yusha Davidson, Candidate Attorney
The Minister of Labour has published the Draft Employment Equity Regulations, 2018 (“Draft Regulations”). The Draft Regulations introduce regulations to give effect to the provisions of the Employment Equity Amendment Bill, 2018 (“Bill”) and provides for new forms in connection therewith.
The Draft Regulations introduce regulation 7A, which provides for the relevant criteria to be taken into account when the Minister sets numerical targets for any sector or part thereof for purposes of ensuring the equitable representation of suitably qualified people from designated groups at all occupational levels in the workforce.
Regulation 10 of the Draft Regulations reformulates the requirements for a designated employer to submit its employment equity report and provides for additional forms to streamline the submission process.
Regulation 12 of the Employment Equity Regulations, 2014 is amended by the Draft Regulations to transfer the submission of an employer’s income differential statement from the Employment Conditions Commission to the National Minimum Wage Commission.
In terms of section 53 of the Employment Equity Act 55 of 198 (“EEA”) and the amendments proposed by the Bill, an employer may request a certificate from the Minister confirming its compliance with the EEA.
Latest News
Professional hunting courses may continue but charter fishing is prohibited – finding a rational balance
Updates on The Department of Environment, Forestry and Fisheries COVID-19 Directions for Fisheries, Forestry and Biodiversity Sector by Justin Truter, [...]
Non-payment of salaries leads to business rescue
by Bradley Workman-Davies, DirectorThe South Gauteng High court has recently handed down a judgment in which it placed two high [...]
Occupational Health and Safety Directive
by Jacques van Wyk, Director; Andre van Heerden, Senior Associate and Thabisa Yantolo, Candidate Attorney On 4 June 2020 the [...]
Update: Temporary Employer / Employee Relief Scheme (“TERS”) benefit payment to foreign national workers
by Jacques van Wyk, Director; Andre van Heerden; Senior Associate; and Thabisa Yantolo, Candidate Attorney On 1 June 2020 the [...]
The ranking of creditors’ claims – now settled law!
By Nastascha Harduth, Director and Roxanne Webster, Senior Associate Since the introduction of the Companies Act 71 of 2008 ("the [...]
The use of Broad-Based Black Economic Empowerment (“BBBEE”) criteria for government relief funds in the COVID-19 crisis
An analysis of the Solidarity/Afriforum case involving the Tourism Relief Fund for small micro and medium sized enterprises (“SMMES”) By [...]
