The 2026 Employment Equity reporting period opens on 1 September 2026. For many employers, the first question is not simply whether they need to submit an Employment Equity report, but whether they understand which requirements apply to their business.
This is particularly important for non-designated employers. Although businesses with fewer than 50 employees are generally no longer required to submit the full annual Employment Equity reports, they may still need to confirm their status, complete the relevant declaration and request an Employment Equity Certificate of Compliance.
The manual submission deadline is 1 October 2026, while online submissions close on 15 January 2027.
The risk of assuming nothing applies as a non-designated employer
The changes to Employment Equity reporting have created an understandable point of confusion. A business may not be required to submit the annual EEA2 and EEA4 reports, but it may still need to engage with the Department of Employment and Labour’s Employment Equity system.
This distinction matters when a business needs an Employment Equity Certificate of Compliance for B-BBEE verification, State-related work or another commercial requirement. The certificate process is separate from submitting the full annual reports, but it still requires the employer to take action through the Department’s online reporting system.
Non-designated employers must use the EEA15 form when requesting a Certificate of Compliance. The declaration confirms compliance with Chapter II of the Employment Equity Act and the National Minimum Wage Act.
The Department has also advised non-designated employers not to deregister their EE accounts, as the accounts remain necessary when requesting a certificate.
Start by confirming your status
The designated-employer threshold is generally based on having 50 or more employees. The previous turnover threshold has fallen away, so businesses should not rely on their historic designation status when assessing their current obligations.
Headcount should be checked carefully, especially where the business uses learners or other employees whose status may affect the total. Learners who have been with the business for three or more consecutive months should be treated as permanent for this purpose.
For businesses close to the threshold, confirming the position early can prevent the wrong process from being followed. A business that assumes it is non-designated without checking its current headcount could miss the preparation required from designated employers.
What non-designated employers need to do
For non-designated employers, the immediate priority is clarity. Before the reporting window opens, businesses should establish whether their EE profile is active, whether the status recorded on the Department’s system is correct, and whether they need a current certificate for verification or contracting purposes.
The practical steps are:
- Confirm the business’s current headcount and designation status.
- Check that the EE profile is active and reflects the correct status.
- Register or reactivate the profile if necessary.
- Complete the EEA15 form when requesting a certificate, confirming compliance with Chapter II of the Employment Equity Act and the National Minimum Wage Act.
- Request the Employment Equity Certificate of Compliance online.
- Keep the certificate and supporting records on file for a minimum of 5 years.
An Employment Equity Certificate of Compliance issued to a non-designated employer is issued in the form of an EEA16B certificate. The certificate is valid for 12 months from the date of issue.
The key message for smaller employers is simple: non-designated does not mean no action. It means a different compliance process.
Why the certificate matters
The Certificate of Compliance is not only an HR document. It may be required when a business wants to do business with the State or undergoes B-BBEE verification.
Certificates are valid for 12 months from the date of issue. If an employer’s designation status changes during that period, the certificate remains valid until it expires; the employer must then declare its current status and apply under the appropriate category.
This makes the certificate part of broader business-readiness planning. If a certificate is needed at short notice, an inactive account, incorrect status or incomplete declaration can create avoidable delays.
What designated employers should prepare
Designated employers face a broader reporting process. Employers with 50 or more permanent employees must prepare and submit the applicable annual Employment Equity reports, supported by accurate workforce information and relevant employment records.
The 2026 reporting period is also the first year of assessment for designated employers under the new sectoral targets. Employers need to consider the relevant sector targets alongside Economic Active Population statistics and be able to explain progress at each occupational level.
Preparation should therefore extend beyond completing the forms. Designated employers should review:
- Workforce data by occupational level.
- Occupational mapping and employee classifications.
- Recruitment, promotion and termination records.
- Consultation and Employment Equity Committee records.
- Barriers identified in workplace policies, procedures and practices.
- Time-bound affirmative action measures and assigned responsibilities.
- Evidence supporting decisions where targets have not been achieved.
Where a designated employer reports that a target has not been achieved, the system requires a prescribed reason to be selected. The reason should be supported by accurate records rather than treated as an explanation prepared at the last minute.
Common challenges for employers
The most difficult part of the process is often not submitting the form. It is making sure that the information behind the form is accurate, consistent and defensible.
Common pressure points include:
- Uncertainty about whether the business falls above or below the 50-employee threshold.
- Incomplete or inconsistent payroll and workforce data.
- Occupational classifications that do not reflect the organisation’s actual structure.
- Recruitment and promotion decisions that have not been documented sufficiently.
- Unclear responsibility for approving the Employment Equity plan or submission.
- Incomplete consultation records.
- Difficulty recording disability information and reasonable accommodation consistently.
- A lack of evidence to support reasons for not meeting targets.
These gaps can become particularly challenging when information must be gathered from different managers, departments or systems. They can also make it harder to respond confidently if the Department requests supporting information or an employer’s compliance position is questioned.
The solution is not to create administration for its own sake. It is to ensure that the business has a clear, reliable record of the information and decisions that support its submission or declaration.
A practical readiness check
Before beginning the process, every employer should be able to answer four questions:
- Is the business designated or non-designated based on its current headcount?
- Is the EE profile active and does it show the correct status?
- Does the business need to submit annual reports, complete an EEA15 declaration, or both at different stages?
- Is the information and supporting documentation ready for the process that applies?
For non-designated employers, the immediate focus should be status confirmation, profile access, the EEA15 declaration and the Certificate of Compliance request. For designated employers, the focus should be on validating workforce data, reviewing progress against targets and ensuring that the supporting evidence is in place.
If these checks have not yet been completed, there is still value in addressing them now. Identifying a gap early is more manageable than discovering it while trying to finalise a submission or respond to a compliance query.
Prepare with confidence
The 2026 Employment Equity cycle is not simply a deadline to add to the calendar. It is an opportunity to confirm that the correct process is being followed and that the business’s compliance records reflect what is happening in practice.
For smaller employers, that means moving beyond the assumption that non-designated employers have nothing to do. For designated employers, it means preparing the data, decisions and evidence needed to support the submission, not just completing the forms.
Not sure where to start or concerned that you may be behind? Our expert advisors can help you confirm what applies to your business and prepare for the 2026 Employment Equity cycle.