Do not DEREGISTER as a designated Employment Equity Employer just yet.
The reality persists that, despite statements made during the Department of Employment and Labour roadshows and communications, the President has not yet specified a date for implementation. As a result, the current situation regarding annual employment equity reports and the classification of designated employers will remain unchanged until an official date is established. Even for employers with less than 50 employees, if their annual turnover exceeds a certain threshold, they will still be designated as per Schedule 4.
While many small employers have welcomed the amendments and desired to deregister, the Department of Employment and Labour has issued a warning against doing so, as indicated in the following communication. Unfortunately, small employers with less than 50 staff can only successfully deregister after the official implementation date is announced. Initially, it was suggested that the new Employment Equity dispensation with Ministerial Targets, to be achieved over a 5-year period, would take effect on 1 September 2023. However, the finalization of sectoral targets from public comments, which concluded on 11th June 2023, is still pending, and the President has yet to sign the amendments into law. Given that it is now the end of July 2023, there arises a question about whether the current status quo for employment equity reporting will remain in place for this year.
