📢 Employment Equity Regulations 2025

On 15 April 2025, the Department of Employment and Labour officially repealed the 2014 Employment Equity Regulations and introduced the Employment Equity Regulations, 2025. These changes are designed to advance workplace transformation, promote equality, and strengthen accountability among designated employers in South Africa. These regulations replace the 2014 version and are now in effect.

Key takeaways from the NEW Employment Equity Regulations 2025:

1. Equal Pay for Work of Equal Value

Key Focus:

Employers must assess whether employees performing work of equal value are being remunerated equally.
Discrimination based on race, gender, or disability is explicitly prohibited.

Assessment Criteria:

Skills, qualifications, and experience.
Responsibility (people, finances, materials).
Physical and emotional effort.
Working conditions and environment.

Permissible Differentiations:

Seniority, performance, qualifications.
Market-related shortages or justified restructuring scenarios.

Impact on Your Business: Employers must audit their remuneration policies and structures to ensure compliance with these non-discriminatory practices. This is vital to avoid liability and reputational harm.

2. Duties of Designated Employers

EE Analysis & Data Collection

Must collect employee demographic info (via EEA1 forms).
Analyse workplace policies and environment for barriers to employment equity.
Use national or regional EAP (Economically Active Population) data.

Employment Equity Plan (EE Plan)

Required period: 1 Sept 2025 – 31 Aug 2030.
Must align with sector-specific 5-year numerical targets.
Annual targets required for the top 4 occupational levels.
Consider turnover, recruitment trends, and inherent job requirements.

Reporting Duties

Annual submission of EEA2 & EEA4 forms (online or hand-delivered).
Employers with multiple entities may submit consolidated reports.
EE Reports become public documents (except EEA4).

Impact on Your Business: Compliance now involves more structured planning and accurate tracking of progress. Employers must embed EE in their strategic planning and HR systems to avoid penalties and ensure certification eligibility.

3. Enforcement Mechanisms

Tools Now in Use:

EEA5: Written undertaking.
EEA6: Compliance order.
EEA7: Director-General Review Form.
Orders can now be served via email and are enforceable via the Labour Court.

Impact on Your Business: There is zero tolerance for non-compliance. Businesses may face inspections, compliance orders, and ultimately court orders. Proactive planning and readiness are non-negotiable.

4. EE Compliance Certificate (Section 53)

Requirements for Issuance:

Submission of annual EE report.
Compliance with numerical targets (or provide valid justifications).
Compliance with the National Minimum Wage.
No discrimination findings by CCMA or Labour Court in the last 12 months.

Valid for: 12 months

Valid Reasons for Non-Compliance:

Lack of recruitment opportunities.
Mergers/acquisitions.
Economic conditions or court awards.

Impact on Your Business: This certificate is now essential for doing business with the State. Companies that cannot show compliance (or valid reasons for non-compliance) may lose tendering and partnership opportunities.

5. Key Forms and Templates

Here are a few critical forms now in use:

EEA13: EE Plan template.
EEA12: Analysis template.
EEA16A/B: Compliance Certificates.
EEA17: Sector classification reference.
Plus 15+ other forms covering declarations, assessments, reporting, and requests.

Impact on Your Business: Understanding and correctly using the required forms is critical. HR teams must be trained or supported to avoid administrative rejections or compliance failures.

Final Thoughts

These new regulations signal a firm shift toward enforcement and transformation. Employers—particularly designated ones—must now:

Prioritise employment equity as part of corporate strategy.
Align plans with national demographics and sector targets.
Be prepared for audits, reviews, and public transparency.
View compliance not just as a legal obligation, but a competitive advantage.