EMPLOYMENT EQUITY: SECTORAL DETERMINATIONS & REPLACEMENT REGULATIONS GAZETTED

The Department of Employment & Labour has gazetted new regulations under the 1998 Employment Equity Act, as amended, together with related sectoral determinations. Immediately in force, both new pieces of secondary legislation give practical effect to the 2022 Employment Equity Amendment Act. This is noting that certain sections of which were operationalised on 1 January 2025, as SA Legal Academy reported at the time.

The new regulations repeal and replace those in force since August 2014.

The comprehensive list of sectoral determines sets five-year targets for the following categories of employee:

  • top management
  • senior management
  • professionally qualified and middle management
  • skilled technical, and
  • people with disabilities.

According to the covering notice:

  • ‘a designated employer will not incur penalties or any form of disadvantage if, in the assessment of compliance of affirmative action in any workplace, it shows that there are reasonable grounds for not complying with the employment equity targets’, and
  • because each sectoral numerical target ‘excludes disabilities and foreign nationals as part of the workforce profile, the five-year sectoral numerical targets prescribed ‘are not intended to add up to 100%’.

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Published by SA Legal Academy Policy Watch

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