Development and implementation of Employment Equity Plans

Employment Equity in South Africa

SmartMoves are experts in the development and implementation of Employment Equity Plans and submission of annual reports to the Department of Labour. We will guide you through the process using our 10 Point Plan and make sure that equity in your organisation meets the requirements of the Act as well as supports the growth and success of your business. The two must go hand-in-hand. Avoid unnecessary and heavy penalties!

Complete our Employment Equity Checklist to see how compliant you are or contact us today and we will ensure that your company complies with the Employment Equity Act!

Employment Equity Services
  • Communication/ Awareness training to all employees
  • Employment Equity Committee Training
  • Facilitation of the employment equity process from initial communication to submission of the report.
  • Chairing of Committee Meetings
  • Training to HR Practitioners

See FAQs on Employment Equity or contact us today for any help or advice.

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Get Help with Employment Equity Plans

The Employment Equity Act and Codes of Good Practice have been in place for over 20 years but in spite of that, we continue to receive requests from companies for assistance with submitting their plan and report to the Department of Labour at the last minute or, when an Inspector has appeared at their business premises to conduct a review and handed them a Compliance Order.

Several companies we have dealt with believe they are ‘doing the right thing’ anyway – and some are, but not formalising the process. Chapter III of the Act is clear on what they require companies to do on the journey. But due to a lack of understanding as to what good practice is and how the implementation can assist the business, the tendency is to do the minimum and hope it is sufficient.

The Employment Equity Process

The employment equity process is the same as defining the business goals and plans. It is not a quick exercise or tick-box exercise! Like business plans, these are produced when statistics are provided; analysed and collated; industry and economic trends and competition are reviewed, etc. Against this background the forecast and budgets are decided. Affirmative action works in alignment with these targets, not against it to the business detriment.

The risks and potential fines for non-compliance are heavy and no organisation in South Africa has extra cash to throw around currently. Start looking at the process now. Ideally you should start the process at least 6 months prior to submission and should be looking at their planning now. Avoid penalties and contact us today. We will ensure that your company complies with the Employment Equity Act!

Employment Equity Non-Compliance - Are you at risk?

Can your business afford a fine?

  • R1,500,000 for a First Contravention or
  • the greater of R1,500,000 or 2% of turnover.

Complete our Employment Equity Checklist to see how exposed your company is.

Employment Equity Checklist – Will you pass an inspection?

Do the quick assessment below against 10 key points. If you respond ‘Yes’ to all the statements, you will achieve a total of 50 points. If you did not respond positively to all these statements, and you are a designated employer, you may find your company could be open to heavy fines due to non-compliance!

Section 37 of Act, ‘Compliance Order’, states that ‘a Labour Inspector may serve a compliance order on a company if that employer failed to comply with sections, 16, 17, 19, 22, 24, 25 or 26’. By indicating you have, you should be exempt from contraventions. However, it may not be enough, the commitment and approach to the implementation, will be reflected in the records kept if or, when assessed. Make sure that process is transparent, the Code of Good Practice on Implementation of Employment Equity and related Policies provide more detail of what is expected by the employer.

Give us a call and we will assist you through the process to ensure you follow the correct steps and benefit through the transformation journey.





1 The company is deemed to be a designated employer due to the number of employees and/or turnover as at the end of previous financial year and has submitted the latest Report to the Department of Labour timeously.     5
2 We have taken reasonable steps to consult with and attempt to reach agreement on matters for consultation with employees, or their nominated representatives who reflect the interests of employees from across all occupational levels, designated and non-designated groups.     5
3 We have consulted on matters relating to the analysis, plan and Report.     5
4 We have collected information and conducted an analysis, as prescribed, in order to identify employment barriers which adversely affect people from designated group.     5
5 Our affirmative action plan is prepared for implementation, aligns to the business strategy and clearly reflects the targets and goals we want to reasonably achieve over the next period.     5
6 The Employment Equity Act is displayed where it can be read by all employees or, as a public company, a summary of the company Report published in the annual financial report.     5
7 A senior manager has been assigned with the responsibility of managing the process, given the relevant authority and taken accountability.     5
8 Records are maintained reflecting our monitoring and evaluation measures that are in place to ensure progress is being made towards accomplishing targets and goals.     5
9 We have not received any complaints or faced any disputes from any source regarding our affirmative action policy, plan or actions taken during the implementation process.     5
10 The CEO who signed off the Reports is confident that the Reports submitted, reflect the facts and that there is no threat of a fine from the Department of Labour due to non-compliance in any of the Sections of the Act.     5