Why the Employment Equity Certificate of Compliance Is Crucial
The Employment Equity Certificate of Compliance is issued in terms of section 53 of the Employment Equity Act. It is especially important where an employer intends to contract with an organ of state, and it may also be requested as supporting evidence during tender, supplier-onboarding or B-BBEE verification processes. The certificate does not replace a B-BBEE certificate or affidavit; rather, it provides separate confirmation of Employment Equity compliance. Current departmental guidance indicates that the certificate is valid for 12 months.
What Non-Designated Employers Should Do to Get Their EE Certificate
- Confirm your employee count and status. A private-sector employer with fewer than 50 employees is generally non-designated. Organs of state and employers designated through a collective agreement may be treated differently.
- Access the EE Online portal. Employers with an existing profile should activate or update it. A business without an EE account must first register online.
- Declare or update the employer’s status. Capture accurate organisation, contact, employee and sector information and confirm that the employer is non-designated.
- Request the certificate. Once the profile and status are current, use the online facility to request the section 53 Employment Equity Certificate of Compliance.
- Retain the certificate and monitor changes. Keep it with verification records and review the employer’s status if headcount increases to 50 or more.
We Can Do This for You
If you would rather not manage this process yourself, Elevate Advisory Partners can confirm your status, update your EE Online profile and request your Employment Equity Certificate of Compliance on your behalf. Simply contact us at info@elevateadvisory.co.za, and we will take care of the rest before your next tender or verification deadline.
A Practical Compliance Reminder
Do not deregister an existing Employment Equity account simply because the business is now non-designated, the profile may still be needed to obtain the certificate. Employers should also ensure that all information submitted is complete and correct, as inaccurate declarations may delay the process or create compliance risk.
In summary: Being non-designated removes the annual Employment Equity reporting obligation for most employers with fewer than 50 employees, but it does not remove the need to maintain an accurate online status. A current declaration enables the employer to request the compliance certificate that may be needed for government contracting and supporting B-BBEE-related requirements.
Frequently Asked Questions
Do non-designated employers still need an EE profile?
Yes. Even though non-designated employers no longer submit annual Employment Equity reports based on turnover, they should keep their EE Online profile active, since it is needed to request an Employment Equity Certificate of Compliance.
How long is an Employment Equity Certificate of Compliance valid for?
Current departmental guidance indicates a validity period of 12 months, so employers should diarise renewal ahead of any tender or verification deadline.
Is the EE Certificate of Compliance the same as a B-BBEE certificate?
No. The two are separate documents confirming different things. The Employment Equity Certificate of Compliance confirms compliance under section 53 of the EEA, while a B-BBEE certificate or affidavit confirms a scorecard rating or exempt status under the B-BBEE Codes of Good Practice.
What happens if my headcount grows to 50 or more employees?
An employer that reaches 50 or more employees generally becomes a designated employer and should review its Employment Equity reporting obligations, including annual EE reporting, accordingly.
Need Help With Your Employment Equity Compliance?
Elevate Advisory helps South African employers confirm their Employment Equity status and prepare for verification. Get in touch to make sure your EE Certificate of Compliance and B-BBEE documentation are ready before your next audit.