In particular, unlike in the previous regulations, the amended regulations define "designated groups". Accordingly, we now know that "designated groups" are women, people with disabilities and non-whites - Africans, coloureds and Indians - who:
# are citizens of South Africa by birth or descent;
# are citizens of South Africa by naturalisation before the commencement date of the 1993 Interim Constitution; or
# became citizens of South Africa after April 27 1994, but who would have been entitled to become South African citizens prior to that date were it not for apartheid policy.
Accordingly, foreigners who otherwise fit the definition of "designated groups" will not count towards a designated employer's employment-equity figures.
Other noteworthy changes and additions contained in the regulations include:
# The assigning of senior managers to take responsibility for monitoring and implementing an employment-equity plan;
# The requirement that employers whose operations extend across different geographical areas, and who submit a consolidated report, must have individual employment-equity plans for each entity or workplace;
# The need for consultations in terms of the Act;
# Details on the submission dates of reports; and
# The authorisation of documentation submitted to the Department of Labour.
Furthermore, provisions for a review by the director-general, to determine the extent to which the employer is complying with the Act, have been inserted.
Such a review may be conducted by means of applying the so-called Numerical Analysis Model to determine the degree to which designated groups are represented at each occupational level.
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