In terms of Section 20 of the Affirmative Action (Employment) Act No. 29, 1998 the Minister shall by notice identify the employers who, as relevant employers, shall comply with this Act. In terms of the notice published in the Government Gazette number 3658 on 1 July 2006, an employer who employs 25 or more employees is a relevant employer. Relevant employers are required to submit affirmative action reports on an annual basis. In terms of section 22 of the Act, any employer, who is not a relevant employer may adopt and implement an affirmative action plan consistent with this Act.
If the AA report which a non-relevant employer submits is approved, the employer will be issued with an Affirmative Action Compliance Certificate. The majority of non-relevant employers usually do not opt for voluntary submission in terms of section 22. Non-relevant employers should always do the following to get confirmation for their status:
Approach the Employment Equity Commission (EEC) and complete a Confirmation of Non-Relevant Employer Status form, which can be obtained from the download forms section.
Attach a valid certificate of good standing from Social Security Commision.
Submit the application form to the EEC and collect the Notice on the third working day from the date of application.
Procedure to follow after attaining a relevant employer status
Any employer who employs 25 or more employees shall be obliged to notify the Employment Equity Commission within 30 days after employing the 25th employee that such an employer has now become a relevant employer. Please use the AA Questionnaire under the download forms section.
The Employment Equity Commission shall acknowledge receipt of such notification indicating the date on which such a relevant should submit his/her/its first affirmative action report to the Commission. Relevant employers are encouraged to submit their first reports on time within the 18 months period and not to wait for the eleventh’s hour since such trend can cause inconveniences. Use the Employers’ Guidelines under the download forms section.