FAQs

Straight answers to the questions employers ask.

Plain-language answers to the questions we hear most — each one links through to the service that can help. Verify the legal specifics with us before you rely on them.

Employment Equity

Does my business need an Employment Equity plan?
If you're a designated employer — broadly, a business with 50 or more employees — then yes, the Employment Equity Act requires you to have a plan, a committee and annual reporting. We'll confirm whether you qualify and put everything in place if you do.
What are the new EE sectoral targets, and do they affect me?
The amended Act introduces sector-specific numerical targets that designated employers are measured against. If you're designated, they affect how you plan and report. We translate the targets into a practical plan for your business.
When do I have to submit my EEA2 and EEA4 reports?
Designated employers report to the Department of Employment & Labour once a year, ahead of the reporting deadline. We prepare your reports and submit them on time, so you never miss the window.

Labour Law, CCMA & disciplinaries

Can you represent us at the CCMA?
Yes. CCMA and Bargaining Council representation is included in our Labour Law retainer, and where a matter goes to the Labour Court we instruct our panel of labour lawyers. Our track record: 0 cases lost at the CCMA.
What's the difference between retrenchment and redundancy?
Redundancy describes a role that's no longer needed; retrenchment is the legal process of ending employment for operational reasons, which has strict procedural requirements. Getting the process right is what protects you — and it's exactly what we manage.
An employee won't attend their disciplinary hearing. What now?
A hearing can proceed in the employee's absence if it's handled correctly and fairly. We chair these hearings, or guide you through them, so the outcome stands up if it's ever challenged.

Skills development & funding

What is a WSP and ATR, and when are they due?
The Workplace Skills Plan sets out your planned training and the Annual Training Report records what you did. They're submitted to your SETA each year — the deadline for ATR and WSP submission is 30 April. We prepare and submit both, and unlock the grants attached to them.
Can we claim money back for training?
Often, yes — through SETA mandatory and discretionary grants and the Section 12(H) tax allowance for qualifying learnerships. We help you plan training so it qualifies, then claim what you're owed.
What is an SDF, and do we need one?
A Skills Development Facilitator manages your training compliance and SETA submissions. You can appoint one internally, or we can act as your independent SDF. Either way, we make sure the role is filled correctly.
What is the Section 12H tax rebate, and who qualifies?
Section 12H of the Income Tax Act provides tax incentives to employers in registered learnership agreements. Any employer registered with SARS with a valid learnership registered with the relevant SETA may qualify — provided the learnership meets the legislative requirements and the documentation is kept to support the claim.
What is a SETA Discretionary Grant window?
A funding opportunity offered by SETAs to support skills-development initiatives such as learnerships, internships, bursaries, apprenticeships and skills programmes. Funding is awarded based on SETA priorities and available budgets.
When do Discretionary Grant funding windows open?
Each SETA publishes its own funding windows through the year, so opening and closing dates vary. Monitor SETA communications regularly, or work with a skills-development specialist so you don't miss an opportunity.

About the group

Is HR Consult part of BEE Analyst?
Yes — though in day-to-day practice you deal with HR Consult as a conventional HR and compliance firm. For group and compliance purposes HR Consult is a division of BEE Analyst, but you work directly with the HR Consult team, with a clear path to BEE Analyst's B-BBEE expertise whenever you need it.

Still not sure? Ask a real person.

Every business is different. Tell us your situation and we'll give you a straight answer.