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SECTORAL TARGET CHANGES GAZETTED FOR PUBLIC COMMENT

On 1 February 2024, the Minister of Employment and Labour republished proposed sectoral targets in the Government Gazette No. 11662; the public has 90 days to comment from publication. This will have significant implications for organisations across all Economic Sectors. 

HOW TO COMMENT 

We encourage our clients to actively participate during the public comments period. To ensure your contributions are heard, please forward comments, in writing, to: 

To remain compliant and stay economically relevant, proactive planning, in consultation with experts, becomes a strategic imperative for your organisation. 

FACTORS TO CONSIDER 

The proposed 5-year sectoral targets consider the following: 

  • The 2022 Employment Equity Workforce Profiles.
  • Sector Codes and Sector Charters published under the B-BBEE Act.
  • Unique sector dynamics, such as skills availability, economic forces, and ownership. 

The proposed targets are set as minimum benchmarks and key milestones towards achieving equitable representation of different designated groups, at each occupational level. 

Designated employers will be measured against annual targets in pursuit of 5-year sectoral numerical goals. 

The proposed sectoral targets are not intended to add up to 100%, as they do for Economically Active Populations. This is because the sectoral targets do not include foreign nationals as part of the workforce. 

Employers will not incur penalties or any form of disadvantage if there are justifiable reasons for not complying with the sectoral targets, and no employment termination may occur because of affirmative action. 

Various temporary measures may be included, aligned to the Constitution, aimed specifically at correcting the position of members of a target group as defined by the Employment Equity Act.  These measures will need to be implemented by Designated Employers, namely:  

  • Employers who employ 50 or more employees, or  
  • Employers with 1 to 49 employees if they are organs of state, or 
  • Employers bound by a collective agreement. 

No absolute barrier may be placed on any employment practices affecting persons from any designated group as per the Employment Equity Act. 

Our Employment Equity specialists are continuously monitoring changes to legislation and keeping clients updated on how this could potentially impact their business.  

~© SiyayaSkillsInstitute

EMPLOYER OBLIGATIONS

There is an obligation on employers to have relevant employment policies and procedures in place that are applied consistently and with a necessary sense of urgency!