Employment equity update - new EEA4 form

​​The Employment Equity Act 55 of 1998 as amended (EEA) requires designated employers to provide certain reports to the Department of Labour (DoL). Generally, designated employers are required to provide these reports to the DoL once a year.

Section 27 of the EEA deals with income differentials and employers must submit a report on "remuneration and benefits received in each occupational category and level of that employers workforce". This report must be completed in the format outlined in the EEA4 form (under the regulations to the EEA). The report is known as the Income Differential Statement. A recent amendment to these regulations has changed the EEA4 form. The form is now divided into 6 main sections:

The main objective of the EEA4 form is to collect information from the employer to assess the remuneration gap between the highest paid and lowest paid employees. This exercise also enables an assessment into inequalities in remuneration in terms of race and gender at the different occupational levels. All employees (including temporary employees and foreign national employees) must be included in the form. In addition, information on the highest and lowest total remuneration for each occupational level (by race and gender) must also be included.

With more information reported, the DoL will be in a better position to monitor whether employers are upholding the principle of equal pay for work of equal value. Those employers who are not doing so must be able to justify differential treatment. An employee who feels that he or she is being discriminated against in terms of remuneration can pursue a dispute (under section 10 of the EEA). Such an employee will be able to use the information contained in the EEA4 as evidence of the discrimination. The employer in such a dispute will need to justify that such discrimination is fair and rational by using the criteria listed in the regulations (specifically regulations 6 and 7) to the EEA. Differentiation in remuneration of employees may be justifiable depending on factors such as length of service and qualifications of those employees.

The DoL is currently hosting Employment Equity roadshows across the country to share the latest information on employment equity ultimately to assist employers in submitting the required reports to the DoL.​


These materials are provided for general information purposes only and do not constitute legal or other professional advice. While every effort is made to update the information regularly and to offer the most current, correct and accurate information, we accept no liability or responsibility whatsoever if any information is, for whatever reason, incorrect, inaccurate or dated. We accept no responsibility for any loss or damage, whether direct, indirect or consequential, which may arise from access to or reliance on the information contained herein.

© Copyright Webber Wentzel. All Rights reserved.

Webber Wentzel > News > Employment equity update - new EEA4 form
Johannesburg +27 (0) 11 530 5000
Cape Town +27 (0) 21 431 7000
Validating email against database, please wait...
Validating email: please wait...
Email verified: Please click the confirmation link sent to your mailbox, also check junk/spam folder. If you no longer have access to this email address or haven't received the verification email then email communications@webberwentzel.info
Email verified: You are being redirected to manage your subscription
Email could not be verified: Please wait while you are redirected to the Subscription Form
Unanticipated error: Saving your CRM information Subscription Form