Employment Equity for Non-Designated Employers

Oct 6, 2025 | FYI's

If you employ less than 50 employees, you would most likely not have needed to register for Employment Equity (EE) in the past. However, under Chapter II of the EE Act, non-designated employers (employ less than 50 employees) still have important responsibilities:

  1. You do need to formally declare your status as a non-designated employer on the EE site with the Department of Employment and Labour (DoEL). You simply need to declare that you are not a designated employer and therefore not required to submit EE plans. It is quite a straightforward process online to register and then answer 3 questions. It is based on the EEA15 form. The link to the EE site is here: https://ee.labour.gov.za/DMISO/. Click on Register to proceed.
  2. You must be able to show that your workplace complies with the Act by promoting equal opportunity and eliminating unfair discrimination.
  3. If you plan to work with government, whether through contracts, tenders or licences, you will need to apply for an EE Certificate of Compliance even as a non- designated employer.

It is also important to note that when applying for an EE Certificate, companies must show that firstly, they are fully compliant with the National Minimum Wage Act. Failure to meet minimum wage requirements can prevent you from obtaining the certificate, which means losing out on government opportunities. Secondly, the non-designated employer must not have any award against them by the CCMA for unfair discrimination.

The below is an extract of the Section B of the EEA15 form showing that you comply with legislation (promoting equal opportunity and eliminating unfair discrimination).

1. The Company has complied with the requirements of the National Minimum Wage Act, 2018 or any exemption granted in terms of the Act, and there has been no award by the CCMA for failing to pay the national minimum wage in the previous 12 months.

2.  The Company has complied with Chapter II of the EE Act and there have been no adverse findings against the employer in the previous 12 months on unfair discrimination in the workplace by the CCMA and/or Labour Court.

3. In the case of an award made by the CCMA contemplated in question 1 or 2 or any court order in terms of Chapter II of the EE Act, is the matter currently the subject of an Appeal or Review.  (Ignore if the answer is yes to the above two questions)

We strongly urge all businesses to register.