Direct Answer: How do SMEs get an EE Certificate?
To get an EE Compliance Certificate with fewer than 50 employees, you must register on the Department of Employment and Labour’s EE Online portal and complete the EEA15 form. As a non-designated employer, you simply declare that you have had no CCMA findings for unfair discrimination or National Minimum Wage violations in the past 12 months. The system then auto-generates your certificate for use in state tenders and B-BBEE audits.
If you own a small business in South Africa, you probably think the Employment Equity (EE) Act is just another bureaucratic headache meant for massive corporations. You have fewer than 50 employees. You’re trying to make payroll and win the occasional government tender.
Then, the state hits you with a brick wall: “Where is your EE Compliance Certificate?”
You might try to argue that you don’t need one. You’re a “non-designated” employer. But the procurement officer doesn’t care. No certificate, no tender. The rules changed in 2025, and hiding behind your headcount won’t protect your revenue in 2026. Getting this sorted is easier than it looks – you just need to know which hoops to jump through.
The Section 53 “Trap” for Small Businesses
If you have fewer than 50 employees, you are a non-designated employer. This is great news: you are exempt from affirmative action targets and don’t have to submit complex EEA2 or EEA4 reports.
However, Section 53 of the EE Act applies to everyone. If you want to do business with the state, you must prove compliance. While you can technically “declare” compliance, most state organs now demand the physical certificate issued via the online portal. Without it, your B-BBEE audit and tender bids are at high risk of disqualification.
What You Have to Prove (The Clean Shop Rule)
The Department of Labour isn’t asking you for a diversity plan. To get the certificate, you just need to prove you’ve run a “clean shop” for the previous 12 months:
- No Unfair Discrimination Findings: Zero CCMA or court findings against you under Chapter II of the EEA.
- No Minimum Wage Violations: Zero CCMA awards against you for failing to pay the National Minimum Wage.
Essentially, you must practice Equal Pay for Work of Equal Value. This requirement applies to every business in SA, regardless of size.
Step-by-Step: Getting Your Certificate Online
It takes five minutes on the Official EE Online Portal. (HRSpot can help – get in contact with us!)
Step 1: Register on the EE Portal
Activate your company profile on the Department of Labour site. Use your UIF or SARS reference numbers.
Step 2: Access the Compliance Menu
Log in and look specifically for the “Compliance Certificate” or “EEA15” tab.
Step 3: Complete the EEA15 Form
This is a simple tick-box declaration where you swear you’ve had no discrimination or wage findings in the last year.
Step 4: Submit and Auto-Generate
If the system doesn’t flag any CCMA data against you, it will generate a PDF certificate immediately.
Step 5: Download and Renew
The certificate is valid for 12 months. Set a calendar reminder to renew it 30 days before it expires.
Requirements Breakdown: Under 50 vs. 50+ Employees
| Requirement | Under 50 (Non-Designated) | 50+ (Designated) |
|---|---|---|
| Certificate for Tenders? | Yes | Yes |
| Affirmative Action Quotas? | No | Yes |
| Annual EE Reporting? | No | Yes (EEA2/EEA4) |
| Form Used | EEA15 (Declaration) | Full Reporting Suite |
Don’t Let Ignorance Cost You Revenue
Stop arguing with procurement officers about whether you are a “designated employer.” Just get the certificate. It takes a few minutes, costs nothing but time, and acts as a green light for state contracts.
