| (1) |
Every employer that makes an offer to conclude an agreement with any organ of state for the furnishing of supplies or services to that organ of state or for the hiring or letting of anything— |
| (ii) |
if it is not a designated employer, comply with Chapter II of this Act; and |
| (b) |
attach to that offer either— |
| (i) |
a certificate in terms of subsection (2) which is conclusive evidence that the employer complies with the relevant Chapters of this Act; or |
| (ii) |
a declaration by the employer that it complies with the relevant Chapters of this Act, which, when verified by the Director-General, is conclusive evidence of compliance. |
| (2) |
An employer referred to in subsection (1) may request a certificate from the Minister confirming its compliance with Chapter II, or Chapters II and III, as the case may be. |
| (3) |
A certificate issued in terms of subsection (2) is valid for 12 months from the date of issue or until the next date on which the employer is obliged to submit a report in terms of section 21, whichever period is the longer. |
| (4) |
A failure to comply with the relevant provisions of this Act is sufficient ground for rejection of any offer to conclude an agreement referred to in subsection (1) or for cancellation of the agreement. |
| (5) |
The Minister may in the code of good practice set out factors that must be taken into account by any person assessing whether an employer complies with Chapter II or Chapter III. |
| (6) |
The Minister may only issue a certificate in terms of subsection (2) if the Minister is satisfied that— |
| (a) |
the employer has complied with a numerical target set in terms of section 15A that applies to that employer; |
| (b) |
in respect of any target with which the employer has not complied, the employer has raised a reasonable ground to justify its failure to comply, as contemplated by section 42(4); |
| (c) |
the employer has submitted a report in terms of section 21; |
| (d) |
there has been no finding by the CCMA or a court within the previous 12 months that the employer breached the prohibition on unfair discrimination in Chapter 2; and |
| (e) |
the CCMA has not issued an award against the employer in the previous 12 months for failing to pay the minimum wage in terms of the National Minimum Wage Act, 2018 (Act No. 9 of 2018). |
[Section 53(6) inserted by section 12 of Employment Equity Amendment Act 4 of 2022, Notice No. 3280, GG48418, dated 14 April 2023 - effective 1 January 2025 per Commencement Proclamation 231, GG51684 dated 28 November 2024]
Gold Membership
