Equal Remuneration Convention, 1951 (No. 100) - South Africa (Ratification: 2000)

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Articles 1 and 2 of the Convention. Gender wage gap and income differential statements. The Committee notes the Government’s indication, in its report, that the EEA4 Form used by employers to provide information on incomes (Income Differentials Statement) was revised in August 2019 to assist in the collection of quality data required by both: (1) the National Minimum Wage Commission (NMWC) – in order to assess the pay gap between the highest paid and lowest paid workers in the country and establish sector norms and benchmarks to reduce the gap; and (2) the Commission for Employment Equity (CEE) – to monitor the implementation of the principle of equal pay for work of equal value. The Committee notes that, in the observations they submitted on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), the workers’ organizations within NEDLAC recognize that the legislated minimum wage was a step in the right direction but call for further mechanisms to be developed in order to address the pay gaps across race, gender and between the highest and lowest paid workers. The Committee notes the absence of information on the activities undertaken by the Government to promote the use, among employers, of the Code of Good Practice on Equal Pay/Remuneration for Work of Equal Value; as well as on concrete cases in which disparities have been addressed by employers. The Committee notes that, according to the ILO Global Wage Report 2018/19 , the gender pay gap for South Africa was estimated, at 19.4 (mean gender pay gap using hourly wages). It also notes that the United Nations (UN) Committee on the Elimination of Discrimination against Women (CEDAW), in its concluding observations, expressed concerns at the limited enforcement of the principle of equal pay for work of equal value and the persistent gender pay gap in the country. It recommended to the Government to conclude, without delay, the ongoing review of wages and to effectively enforce the above-mentioned principle in order to narrow and close the gender pay gap by conducting regular labour inspections, applying gender-neutral analytical job classification and evaluation methods, and conducting regular pay surveys (CEDAW/C/ZAF/CO/5, 23 November 2021, paragraphs 47-48). The Committee requests the Government to provide statistical information, disaggregated by sex, on the remuneration of men and women in both the public and private sectors as well as information on the analysis of the existing income differentials following the statements submitted by employers. Please also provide information on the concrete measures adopted in order to address the existing gender remuneration gap.

Horizontal and vertical occupational segregation. The Committee notes, from the information and statistical data contained in the annual report 2021-2022 of the Commission for Employment Equity, that the horizontal occupational gender segregation pointed out by the Committee in its previous direct request remains prevalent (with women typically being overrepresented in Education, Human health and social work activities, and Financial and insurance activities; whereas men are predominantly working in Agriculture, forestry and fishing; Mining and quarrying; Construction; and Electricity, gas, steam and air conditioning supply). The CEE report also shows evidence of vertical gender segregation, with women occupying only 25.8 and 36.4 per cent of top and senior management positions respectively, whereas for other categories (professionally qualified, skilled, semi-skilled and unskilled levels) they represent between 43.2 and 48.7 per cent of the workforce. In relation to its previous comment on access to vocational training, the Committee refers to the direct request it addresses to the Government concerning the Discrimination (Employment and Occupation) Convention, 1958 (No. 111). The Committee requests the Government to provide information on the measures taken to address horizontal and vertical occupational gender segregation in employment and occupation, including through education and vocational training and other measures adopted in the framework of theNational Skills Development Plan (2030), and the concrete impact of these measures on the inclusion of women in better paid jobs, on their career advancement and on the reduction of the gender wage gap. Please provide statistical information of women employment in all sectors and levels of occupation.

Article 1. Equal remuneration for work of equal value. The Committee notes the Government’s indication that the principle of equal remuneration for work of equal value is implemented through section 6 of the Employment Equity Act of 1998 (EEA, as amended) read together with clauses 2 to 7 of the Employment Equity Regulations 2014, and that a Code of Good Practice on equal pay/remuneration for work of equal value was adopted in 2015. The Committee requests the Government to provide information on the practical application of the EEA as amended in 2022, the Employment Equity Regulations, 2014, and the Code of good practice on equal pay/remuneration for work of equal value. Please provide specific information on the concrete impact of these legislative measures in the application of equal remuneration between men and women for work of equal value and the obstacles and difficulties encountered.

Scope of comparison. The Committee notes that section 6(4) of the Employment Equity Act of 1998 (EEA), as amended, provides for the principle of equal remuneration for work of equal value but limits the scope of comparison to jobs performed for the same employer. In this regard, the Committee recalls that the application of the principle of equal remuneration for men and women for work of equal value should not be limited to comparisons between men and women in the same establishment, enterprise or sector and that the Convention allows for a much broader comparison to be made between different employers or sectors. Where women are heavily concentrated in certain sectors of activities or occupations, there is a risk that the possibilities for comparison may be insufficient at the level of the establishment (see 2012 General Survey on the fundamental Conventions, paragraphs 697–698). The Committee requests the Government to provide information on how it is ensured that wages in sectors predominantly employing women are not set on the basis of gender-biased undervaluation of the work performed in these sectors, and invites the Government to give consideration to widening the scope of comparison of jobs performed by men and women beyond the same employer and to provide information on any developments in this regard.

Article 2(2)(b). Minimum wages. The Committee notes the Government’s indication that sections 5 to 7 of the Employment Equity Regulations provide implementation guidelines to employers, workers and their respective organizations on the methodology to be followed in determining rates of pay/remuneration, and that paragraphs 4 to 6 of the Code of Good Practice on Equal Pay/Remuneration for Work of Equal Value 2015 provides example of best practices on how to eliminate unfair discrimination in pay/remuneration and benefit structures or packages. The Committee recalls that, taking into account the persisting occupational segregation in the country, particular attention should be given when setting sectoral minimum wages to ensure that the rates fixed are free from gender bias, as there may be a tendency to set lower wage rates for sectors predominantly employing women. The Committee requests the Government to provide concrete information on how it is ensured that sectoral minimum wages are set free from gender bias.

Article 2(2)(c). Collective agreements.The Committee requests the Government to indicate the measures taken to promote the inclusion of the principle of equal remuneration for men and women for work of equal value in collective agreements, and to forward a copy of any collective agreement that provides for the principle in its text.

Enforcement and practical information. The Committee notes the information provided by the Government on equal pay cases adjudicated by the Commission for Conciliation, Mediation and Arbitration (CCMA) or the Labour Courts. It also notes that, according to the 2021-2022 report of the Commission for Employment Equity, there were 8 referrals to the CCMA of cases of alleged violation of the principle of equal pay for work of equal value based on the ground of sex or gender in the period from 1 April 2021 to 31 January 2022. The Committee requests the Government to continue to provide details of any judicial or administrative decisions related to the application of the principle of equal remuneration for men and women for work of equal value, including the outcome of the cases, sanctions imposed and remedies granted. It also requests information on any action taken by the Department of Labour when reviewing employment equity reports by employers, and on any other measure or activity carried out by the Department of Labour or the Commission on Gender Equality in order to ensure the practical application of equal remuneration for men and women for work of equal value.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Gender wage gap and income differential statements. In its previous comments, the Committee requested the Government to provide information on the measures taken to reduce the gender wage gap and to supply statistical data on earnings disaggregated by sex. The Committee also requested the Government to provide information on income differentials between men and women revealed by the income differential statements submitted by employers to the Employment Conditions Commission. The Committee notes that the Government indicated in its report that the relevant form (EEA4) that employers had to fill in with information related to income had been recently amended in order to overcome certain difficulties with the collection and analysis of data on income disparities. According to the Government, this would enable it to provide adequate information in the future. The Government further referred to the barriers to employment equity in remuneration identified, which included non-grading of jobs and absence of job profiles, and indicates that a specific budget has been allocated to address the disparities found. The Committee hopes that the Government will soon be in a position to provide statistical information disaggregated by sex on the remuneration of men and women in both the public and private sectors as well as information on the analysis of the existing income differentials following the statements submitted by employers. Please also provide information on the concrete measures adopted in order to address the existing gender remuneration gap.

Occupational segregation. The Committee notes from the 15th Commission for Employment Equity annual report (15th CEE annual report) that in 2014 women were most represented in the community, social and personal services sector (30.7 per cent) where there is a large representation of governmental employers, followed by catering and accommodation (29.5 per cent). According to the report, black women are most represented in the electricity, gas and water supply, and community, social and personal services sectors. The Committee notes the information provided by the Government that the tripartite National Skills Authority has adopted the National Skills Development Strategy III to ensure equal access to skills by women, especially black women, in order to access better paying jobs. The Committee requests the Government to provide information on the measures taken to address occupational gender segregation in employment and occupation, including through education and vocational training and other measures adopted in the framework of the National Skills Development Strategy III, and the concrete impact of these measures on the inclusion of women in better paid jobs, on their career advancement and on the reduction of the gender wage gap. Please provide statistical information of women employment in all sectors and levels of occupation.

Article 1 of the Convention. Equal remuneration for work of equal value and scope of comparison. The Committee notes that section 6(4) of the Employment Equity Act of 1998 (EEA), as amended, provides for the principle of equal remuneration for work of equal value but limits the scope of comparison to jobs performed for the same employer. In this regard, the Committee recalls that the application of the principle of equal remuneration for men and women for work of equal value should not be limited to comparisons between men and women in the same establishment, enterprise or sector and that the Convention allows for a much broader comparison to be made between different employers or sectors. Where women are heavily concentrated in certain sectors of activities or occupations, there is a risk that the possibilities for comparison may be insufficient at the level of the establishment (see General Survey on the fundamental Conventions, 2012, paragraphs 697–698). The Committee requests the Government to provide information on how it is ensured that wages in sectors predominantly employing women are not set on the basis of gender-biased undervaluation of the work performed in these sectors, and invites the Government to give consideration to widening the scope of comparison of jobs performed by men and women beyond the same employer and to provide information on any developments in this regard.

Article 2(2)(b). Minimum wages. The Committee had requested the Government to provide information on the manner in which it was ensured that minimum wage rates were free from gender bias. The Committee notes the Government’s indication that minimum wages by sector were established irrespective of gender and that if employers failed to comply with the law, this could be enforced by the Labour Court. The Committee recalls its examination of the manner in which minimum wages were established in South Africa made in its previous report and recalls once again that there is a tendency to set lower wage rates for sectors predominantly employing women, and that, taking into account the persisting occupational segregation, particular attention should be given when setting sectoral minimum wages to ensure that the rates fixed are free from gender bias. The Committee once again requests the Government to provide concrete information on how it is ensured that when setting minimum wages by sector, these are free from gender bias.

Article 2(2)(c). Collective agreements. Noting that no information was provided in this respect, the Committee requests the Government once again to indicate the measures taken to promote the inclusion of the principle of equal remuneration for men and women for work of equal value in collective agreements, and to forward a copy of any collective agreement that provides for the principle in its text.

Article 3. Objective job evaluation. The Committee notes that according to section 6(5) of the EEA as amended “the Minister, after consultation with the Commission, may prescribe the criteria and prescribe the methodology for assessing work of equal value …”. The Committee further notes that sections 4 to 6 of the Employment Equity Regulations, 2014 (Regulations), and Titles 5 to 7 of the Code of Good Practice (Code) provide for the meaning of work of equal value, the methodology to be applied and the assessment to determine whether work is of equal value. The Committee notes that the Regulations and the Code provide for the criteria commonly used to evaluate the value of jobs which are: the responsibility demanded by the work; the skills, qualifications, effort, either physical or mental; and the working conditions. Title 6 of the Code on “Comparing and evaluating male and female dominated jobs” provides for measures to ensure that the job evaluation is carried out without gender bias. The Committee requests the Government to provide information on the practical application of these provisions, the obstacles found and the results achieved. Please provide examples of objective job evaluations carried out within the new legislative framework.

Article 4. Cooperation with social partners. Noting the information provided by the Government concerning the cooperation of the social partners in the framework of the National Economic Development Labour Commission (NEDLAC) in the elaboration of the recently adopted legislative amendments and regulations on employment equity, the Committee requests the Government to continue to provide information on the concrete measures adopted for the implementation of the principle of the Convention with the cooperation of the social partners.

Parts III and V of the report form. Enforcement and practical information. The Committee notes the Government’s indication that in cases where the Employment Equity Plans do not identify barriers and affirmative action measures to address income disparities within specific time frames, they might not be approved and the Labour Court, on the request of the Director-General, may impose a fine. The Committee requests the Government to continue to provide details of any judicial or administrative decisions related to the application of the principle of the Convention as well as any action taken by the Department of Labour when reviewing employment equity reports by employers. Please also provide information on any other measure or activity carried out by the Department of Labour or the Commission on Gender Equality in order to ensure the practical application of equal remuneration for men and women for work of equal value.

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

Article 1 of the Convention. Equal remuneration for work of equal value. The Committee notes with interest that following the adoption of the Employment Equity Amendment Act of 2013 that amends the Employment Equity Act of 1998, a new paragraph was added to section 6 of the Employment Equity Act of 1998 (EEA as amended) which establishes that a difference in terms and conditions of employment between employees performing the same or substantially the same work or work of equal value is unfair discrimination. The Committee also notes with interest the adoption of the Employment Equity Regulations of 1 August 2014 and the Code of good practice on equal pay/remuneration for work of equal value of 1 June 2015 that also refer to work of equal value. The Committee also notes that the Code of practice provides for a definition of remuneration which includes “any payment in money or in kind, or both made or owing to any person in return for working for another person, including the State”. The Committee requests the Government to provide information on the practical application of the EEA as amended, the Employment Equity Regulations, 2014, and the Code of good practice on equal pay/remuneration. Please provide specific information on the concrete impact of these legislative measures in the application of equal remuneration between men and women for work of equal value and the obstacles and difficulties encountered.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Gender wage gap and occupational segregation. The Committee notes from the information provided by the Government under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), that the Commission for Gender Equality’s (CGE) study conducted in 2008 revealed a gender wage gap of 33.5 per cent. The Committee also notes from the 2010 statistics provided by the Government, that women predominate in clerical and domestic work. The CGE indicates that invisible elements continue to marginalize women, such as the institutional culture within a male-dominated environment, internal policies and practices regarding recruitment and promotion, and access to skills training, coupled with the sense that “men are taken more seriously and women have to earn their stripes”. This study also reveals that black women and women with children are particularly concerned by the gender wage gap. In order to address this issue, the Committee notes that the Government has put into place the Director-General’s Review System, which allows the Director-General to make recommendations to employers, who must include solutions in their Employment Equity Plans (EEPs) where disparities in remuneration based on gender or race are revealed (sections 43, 44, 45 of the Employment Equity Act (EEA)). The Committee asks the Government to continue to provide information on the measures taken to reduce the gender wage gap, including through addressing occupational segregation. Please also provide information on the results achieved through the Director-General’s Recommendations and EEPs. Noting that the earnings statistics provided by the Government are not disaggregated by sex, the Committee asks the Government to supply statistical data on the remuneration of men and women in both the public and private sectors, disaggregated by sector and occupation.

Income differential statements and affirmative action. The Committee notes the Government’s indication that the Employment Conditions Commission (EEC) is in the process of determining the methodology and approach to be adopted on how best to analyse the Income Differential statements (EEA4) submitted by employers during the 2009 reporting period. The Committee welcomes the Government’s intention to include in future amendments to the EEA, the possibility for small employers to report on matters such as barriers to employment equity in respect of remuneration and benefits, and affirmative action measures adopted to redress them in employment equity report forms (EEA2). The Committee reiterates its request for full information on income differentials between men and women workers revealed by the income differential statements submitted by employers and the analysis conducted by the Employment Conditions Commission. The Committee asks the Government once again to provide information on the barriers to employment equity in remuneration identified in the employers’ reports, and the affirmative action measures adopted to overcome them, including measures for small designated employers.

Article 2(2)(b) of the Convention. Minimum wages. The Committee notes the Government’s indication that minimum wages are set based on the criteria set out in the Basic Conditions of Employment Act (BCEA) which requires that the ECC, in its advice given to the Minister on sectoral minimum wage determinations, must consider, inter alia, the ability of employers to carry out their business, the employment in the sector, the cost of living and the alleviation of poverty. The Committee further notes that minimum wages are not based on an evaluation of jobs within the sector, but rather by taking into consideration the peculiar nature of the sector. The Committee notes that a minimum wage is either set at the same level for an entire sector (e.g. domestic and farm workers) or distinguishes between different job categories within a sector (e.g. private security, wholesale and retail sector and civil engineering sector). The Committee recalls that there is a tendency to set lower wage rates for sectors predominantly employing women, and due to such occupational segregation, particular attention is needed in setting sectoral minimum wages to ensure that the rates fixed are free from gender bias. The Committee, therefore, asks the Government to provide information on how it is ensured that the setting of minimum wage rates is free from gender bias, and any measures taken to promote equal remuneration for men and women for work of equal value through the ECC.

Articles 2(2)(c). Collective agreements. The Committee notes the Government’s indication that collective agreements do not include specific provisions dealing with equal remuneration for men and women for work of equal value. The Committee asks the Government to indicate any measures taken, with the cooperation of the social partners, to promote the inclusion of the principle of equal remuneration for men and women for work of equal value in collective agreements, and any results achieved.

Article 3. Objective job evaluation. The Committee notes the Government’s general statement that the job evaluation systems are fair, unbiased and free from unfair discrimination. The Committee asks the Government to provide information on the specific measures taken to ensure that job evaluation systems are fair, unbiased and free from unfair discrimination.

Article 4. Cooperation with social partners. The Committee recalls its previous comments in which it noted that the tripartite National Skills Authority was making efforts to promote women’s access to better paying jobs. The Committee also notes that cooperation with social partners takes place through dialogue with the National Economic Development Labour Council (NEDLAC) at the national level, through negotiations and consultations at various forums with the Bargaining Councils at the sectoral level and through forums at the workplace level. The Committee again asks the Government to provide information on specific measures taken by the National Skills Authority to promote women’s access to better paying jobs. The Committee also asks the Government to provide information on the specific activities carried out or measures taken by NEDLAC, the Bargaining Councils, and workplace level forums relating to the principle of equal remuneration for men and women for work of equal value.

Parts III and V of the report form. Enforcement and practical application. The Committee notes the information provided on the seven cases which were handled by the Commission for Conciliation, Mediation and Arbitration (CCMA), and notes the absence of cases dealing with the principle of equal remuneration for work of equal value. The Committee notes the 2009 Annual Report of the Commission on Gender Equality. The Committee asks the Government to provide details on any judicial or administrative decisions related to the principle of the Convention. Please also provide information on any action taken by the Department of Labour, when reviewing employment equity reports, against employers that are not complying with the provisions of the EEA that relate to wage discrimination. The Committee also reiterates its request for specific information on the practical application of section 8 of the Promotion of Equality and Prevention of Unfair Discrimination Act with respect to any proceedings instituted or any activities carried out in relation to the principle of equal remuneration for work of equal value. The Committee also asks the Government to provide information on the specific activities carried out by the Commission on Gender Equality in order to ensure the practical application of equal remuneration for work of equal value. Please also provide information on the activities carried out by the National Office of the Status of Women and the Office on the Empowerment of Women with regard to the principle of the Convention.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 1 of the Convention. Equal remuneration for work of equal value. The Committee notes the Government’s indication that given that the Government, in consultation with the social partners, was in the process of reviewing the Employment Equity Act (EEA), a decision had been taken in 2009 not to include a provision covering equal pay for work of equal value in the amended EEA regulations. The Committee also notes that in the process of amending the EEA, a draft provision dealing specifically with equal pay for work of equal value has been included in Chapter 2. The Committee further notes that, while the EEA amendments are underway, equal pay for work of equal value has been implemented in the Director-General’s Review System, emanating from sections 43, 44 and 45 of the EEA, which empower the Director-General of Labour to do an in-depth assessment of compliance and make recommendations. The Committee, welcoming the Government’s intention to include the principle of equal pay for work of equal value in Chapter 2 of the EEA, hopes that the term “pay” will be defined broadly to cover all elements of remuneration, as defined in Article 1(a), and asks the Government to provide information on any developments in this regard. Please provide specific information on how the principle is included in the Director-General’s Review System, such as methods of implementation, monitoring of the Director-General’s recommendations and regarding any cases on this matter which have been referred to the Labour Court.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 2, paragraph 2(a), of the Convention. Application of the principle by means of legislation. In its previous direct request, the Committee asked the Government to clarify whether section 8 of the Promotion of Equality and Prevention of Unfair Discrimination Act (the Equality Act), prohibiting unfair discrimination on the ground of gender, encompasses the principle of equal remuneration for men and women for work of equal value. The Committee notes the Government’s indication that “the principle is covered in the spirit of the legislation as it prohibits discrimination on gender and prohibits practices that undermine the equality between men and women”. The Committee asks the Government to provide information on the practical application of section 8 of the Equality Act, including in connection with the provisions contained in Chapters IV (Equality Courts) and V (Promotion of Equality) of the Act, as it relates to the principle of equal remuneration for work of equal value.

The Committee refers to its previous comments on the application of the Employment Equity Act (EEA) and its related regulations, as well as on the scope of the employment equity report form. It notes the information provided by the Government on the aims of section 27 of the EEA. It also notes that the Employment Conditions Commission is in the process of compiling a report on income differentials on the basis of the employment equity reports submitted by the employers. The Committee further notes that the Employment Equity Regulations on Income Differentials were amended to allow for the gathering of sufficient data on remuneration at each occupational category and level, disaggregated by sex and race. The Committee notes that both large and small employers are required to submit such “income differentials statements”. However, the Committee notes that the current employment equity report form (EEA2) still exempts small employers from providing information on, among other things, barriers to employment equity in respect of remuneration and benefits and affirmative action measures adopted to address them, as section F of the report form does not apply to them. The Committee asks the Government to provide full information on income differentials between men and women workers, disaggregated by occupational category and level, based on the analysis conducted by the Employment Conditions Commission and the information contained in the income differentials statements. The Committee also asks the Government to provide information on the barriers to employment equity in remuneration identified in the employers’ reports and the affirmative action measures adopted to overcome them. Noting that similar information is not available for small employers, the Committee asks the Government to indicate the measures adopted or envisaged to ensure that such barriers are identified and addressed also in small enterprises. Please also provide examples of cases where income differentials were deemed “disproportionate” in terms of section 27(2) of the EEA and the criteria used to make this assessment.

Article 2, paragraph 2(c). Wage determination by collective agreement. The Committee recalls that once a collective agreement is concluded, its provisions become enforceable pursuant to the basic Conditions of Employment Act of 1997 and the Labour Relations Act of 1995. In the event of violation of such agreement on the part of the employer, the employee is entitled to bring a claim before the Department of Labour. Should the violation relate to an unfair labour practice, the employee can lodge a claim before the Commission for Conciliation, Mediation and Arbitration (CCMA). The Committee again asks the Government for examples of collective agreements enshrining the principle of equal remuneration for men and women for work of equal value, as well as copies of any administrative or judicial decisions or arbitration awards regarding violation of equal remuneration provisions of collective agreements.

Article 3. Objective job evaluation. With regard to its previous comments concerning job evaluations systems, the Committee notes the Government’s indication that one of the areas on which employers are required to report, in the context of the employment equity report form, is job evaluation. The Committee understands that job evaluation is covered by section F of the report form, which only applies to large enterprises. The Committee recalls that section 12.3 of the Code of Good Practice on the Integration of Employment Equity into Human Resources Policies and Practices spells out that remuneration should be based on the value of the post. Stressing once again the importance of adopting job evaluation systems, based on objective criteria free from gender bias for the purpose of ensuring equal remuneration for work of equal value, the Committee asks the Government to indicate the measures taken or envisaged to ensure that the job evaluation systems used by employers in connection with the employment equity report obligations do not undervalue jobs predominantly performed by women and contribute effectively to fostering equal remuneration for men and women for work of equal value. The Committee also asks the Government to provide information on any measures adopted or envisaged to promote the use of objective job evaluation systems among small employers. Please also indicate how the need for objective job evaluation is taken into account with regard to sectoral determinations setting minimum wages, including by the Employment Conditions Commissions when advising the Minister of Labour on sectoral determinations.

Article 4. Cooperation with social partners. The Committee notes from the Government’s report that the tripartite National Skills Authority is making efforts to promote women’s access to better paying jobs. It also notes that the CCMA, also a tripartite body, has addressed various disputes concerning unfair discrimination based on unequal remuneration for work of equal value. The Committee would appreciate receiving information on the measures taken by the National Skills Authority to foster women’s access to better paying jobs and on the number and outcomes of any relevant disputes brought before the CCMA. Please also provide information on any activities relevant to the promotion of the principle of the Convention carried out by the Labour Market Chamber, the Employment Conditions Commission and the Bargaining Councils.

Part III of the report form. Enforcement. The Committee notes the Government’s indication that it is unable to provide information on the activities of the labour inspectorate relevant to the application of the Convention as the inspection system currently in place does not allow the collecting of information directly related to the Convention. The Committee encourages the Government to take the necessary steps to ensure that the application of the Convention is duly monitored and that data relating to the number and nature of cases of unequal remuneration detected by the labour inspectorate, and any remedies provided or sanctions imposed, are collected and disseminated.

Part V of the report form. The Committee notes from the Government’s report that the Human Rights Commission (HRC) did not examine any cases directly related to the Convention. The Committee asks the Government to continue to provide information on any relevant activities carried out by the HRC, the National Office of the Status of Women, the Office on the Empowerment of Women and the Commission on Gender Equality.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 1(b) of the Convention. Equal remuneration for work of equal value. In its previous observation, the Committee noted the Government’s indication that Chapter 2 of the Employment Equity Act (EEA) on prohibition of unfair discrimination is understood to encompass the principle of equal remuneration for men and women for work of equal value. Recalling its 2006 general observation on the Convention, in which the Committee urged governments to take the necessary steps to amend their legislation in order to incorporate expressly the principle of the Convention, the Committee asked the Government to consider amending the EEA so as to provide explicitly for equal remuneration for work of equal value. The Committee notes from the Government’s report that in the context of the review of the Employment Equity Regulations, which is scheduled for 2008/9, the principle of equal remuneration for work of equal value will be included in the new regulations. The Committee also takes note of the Government’s statement that, in the event of an amendment of the EEA, consideration will be given to incorporating the principle of the Convention in the Act. Welcoming the Government’s intention to include the principle of equal remuneration for work of equal value in the new Employment Equity regulations, the Committee also hopes that the Government will give due consideration to the possibility of including explicitly the principle of the Convention in the EEA and asks it to provide information on any developments in this regard. The Committee also asks the Government to supply a copy of the amended Employment Equity Regulations and reiterates its request for information on the practical application of the relevant provisions of the EEA to cover equal remuneration for work of equal value.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

1. Article 2(2)(a) of the Convention. Application of the principle by means of legislation. The Committee refers to its previous comments on section 7 of the Promotion of Equality and Prevention of Unfair Discrimination Act of 2000 in which it asked the Government to clarify the scope of section 7 of the Act and whether this provision includes the principle of equal remuneration for men and women for work of equal value. The Committee notes that, pursuant to Part V.A.1(b) of the Public Service Act, the principle of the Convention is applied to the South African police service. The Committee reiterates its request for the Government to clarify whether section 7 of the Promotion of Equality and Prevention of Unfair Discrimination Act covers equal remuneration for men and women for work of equal value.

2. The Committee notes that the Employment Equity Regulations have been amended to allow for the collection of data on gender and race on the basis of the employment equity reports submitted by employers and that information on this will be available in the course of 2007. The Committee also recalls its previous comments on the employment equity reports form for small businesses which do not require employers to indicate existing employment equity barriers related to remuneration and benefits. The Committee reiterates its previous request that the Government clarify the meaning of “disproportionate income differentials” and hopes that in its next report the Government will be able to provide an analysis of the income differentials between men and women based on the data received in 2007. Likewise, the Committee again invites the Government to indicate how equal remuneration between men and women for work of equal value is monitored in the employment equity report forms for small businesses. It also asks the Government to provide copies of the employment equity report and to keep it informed on whether any revision of the employment equity report form for small business has occurred so as to allow the employers to assess the application of the principle in their enterprise as well as to take the appropriate measures under the employment equity plan, in line with the suggestions previously made by the Committee.

3. Article 2(2)(b). Application by sectoral determination. The Committee recalls its previous comments on sectoral determinations setting minimum wages. It notes that, according to the Government’s report, sectoral determinations do not make specific distinction with respect to gender and, rather, they set minimum wages equally applicable to all employees within a given sector. The Government also explains that wage differentials do not relate to differentials between men and women, but to different levels of remuneration. The Committee asks the Government to supply copies of sectoral determinations setting minimum wages. The Committee also invites the Government to ensure that jobs in sectors in which women workers predominate are not being undervalued. The Committee, therefore, reiterates its request that the Government indicate how the Employment Conditions Commission ensures that gender bias is avoided in setting minimum rates of remuneration.

4. Article 2(2)(c). Wage determination by collective agreement. The Committee notes the Government’s indication that once a collective agreement is concluded, its provisions become enforceable pursuant to the Basic Conditions of Employment Act of 1997 and the Labour Relations Act of 1995. In the event of violation of such agreement on the part of the employer, the employee is entitled to bring a claim before the Department of Labour. Should the violation relate to an unfair labour practice, the employee can lodge a claim before the Commission for Conciliation, Mediation and Arbitration for conciliation first and, if this is not successful, for arbitration. The Committee would appreciate receiving copies of collective agreements enshrining the principle of equal remuneration for men and women for work of equal value as well as copies of any administrative, or judicial decisions or arbitration awards regarding violations of equal remuneration of provisions of collective agreements.

5. Article 3. Objective job evaluation. The Committee notes that the use of objective job evaluation systems is promoted through the Employment Equity Regulations (EE Regulations). According to the Government’s report, under such regulations, employers are required to report to the Department of Labour on their workforce profiles and income differentials in terms of the various occupational categories and levels. To this purpose, they are encouraged to use predetermined job evaluation systems taking into account both the occupational level, and the occupational category, with a view to determine the value of the job. The Committee also notes that the Peromnes job evaluation system is but one of the many job evaluation tools used by South African employers to ascertain the value of a given job. In that respect, the Committee recalls its 2006 general observation which points out that whatever methods are used for the objective evaluation of jobs, particular care must be taken to ensure that they are free from gender bias. In particular, it is important to ensure that the selection of factors for comparison, the weighting of such factors and the actual comparison carried out, are not inherently discriminatory. The Committee asks the Government to clarify how it is being ensured that job evaluation systems are free from gender bias, and in particular do not undervalue jobs predominantly performed by women. The Committee also asks the Government to provide copies of the employers’ reports incorporating job evaluation.

6. Article 4. Cooperation with the social partners. The Committee notes the extensive information provided by the Government on the composition and mandate of various tripartite bodies. However, no information has been provided on how these bodies operate in practice with respect to the promotion of the principle of the Convention. The Committee, therefore, asks the Government to provide more specific information on the activities carried out by the various tripartite bodies, and more generally, on the activities carried out with organizations of employers and workers to apply the provisions of the Convention.

7. Part III of the report form. Enforcement. In the absence of any response to its previous request, the Committee again invites the Government to provide information on the number of inspections carried out and the contraventions related to the Convention detected by the labour inspectorate .

8. Part V of the report reform. The Committee notes the statistics relating to 2005 on the distribution of men and women by sector of activity, occupation and corresponding wage. As acknowledged by the Government in its report, despite the Employment Equity Act and the relevant affirmative action measures put in place, men are still dominant in the sectors and occupations with the highest monthly income as compared to women. According to the statistical data provided, for instance, among the category of legislators, senior officials and managers in the higher remuneration group there are 235,000 men compared to 80,000 women. The Committee, therefore, invites the Government to adopt specific measures to address the wage differentials between men and women due to occupational segregation, and also refers to the comments on the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), made in this regard. The Committee invites the Government to continue to keep it informed regarding the activities carried out by the Human Rights Commission (HRC) as well as to provide information on the activities of the National Office of the Status of Women, the Office on the Empowerment of Women, and the Commission on Gender Equality as they relate to the application of the principle of the Convention.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

Article 1(b) of the Convention. Equal remuneration for work of equal value. The Committee recalls its previous observation on section 6 of the Employment Equity Act prohibiting unfair discrimination on the ground of sex, including with respect to remuneration, in which it asked the Government both to indicate whether this section required equal remuneration for men and women for work of equal value, and to consider amending the Act so as to give full expression to this principle. The Committee notes that, according to the Government’s report, Chapter 2 of the Employment Equity Act is understood to encompass the principle of equal pay for work of equal value and it also applies to independent contractors, members of the South African Defence Force, the National Intelligence Agency and the South African Secret Service. The Committee further notes the Government’s statement that “consideration would be given to establish whether there is a need to include this area [equal pay for work of equal value] either in the Act or in the Regulations”. In that regard, the Committee recalls its 2006 general observation on this Convention urging governments to take the necessary steps to amend their legislation in order to provide for equal remuneration for men and women for work of equal value (paragraph 6). The Committee therefore asks the Government to consider amending the Employment Equity Act so as to provide expressly for equal remuneration for men and women for work of equal value. The Committee invites the Government to keep it informed on any development which may occur in that respect as well as to provide information on the application of the relevant provisions of the Employment Equity Act.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

1. Article 2 of the Convention. Scope of application. Noting the Government’s confirmation that independent contractors and members of the National Defence Force, the National Intelligence Agency and the South African Secret Service would be protected against gender discrimination under section 7 of the Promotion of Equality and Prevention of Unfair Discrimination Act of 2000, the Committee asks the Government to confirm whether this also includes protection against unequal remuneration between men and women for work of equal value.

2. Article 2(2)(a). Application of the principle by means of legislation. With reference to its comments on the application of section 27 of the Employment Equity Act (EEA), the Committee reiterates its request to the Government to clarify the meaning of "disproportionate income differentials" and to provide information on the actual differentials in income reported by designated employers, disaggregated by sex and broken down by categories as provided in the 1998 general observation on this Convention. Please also provide information about any efforts taken to ensure application of the principle of the Convention.

3. The Committee refers to its previous comments on the application of sections 19 and 20 of the EEA requiring employers to prepare and monitor the implementation of equity plans and thanks the Government for providing copies of the employment equity reports for small businesses and businesses with over 150 employees. It notes that the report forms provide for an analysis of the barriers to employment equity and for "affirmative action measures" taken to overcome these barriers as part of the employment equity plan. However, the report form for small businesses does not require employers to indicate any employment equity barriers related to remuneration and benefits and, overall, the report forms do not explicitly allow for an evaluation of whether or not any wage discrimination between men and women exists. The Committee asks the Government to indicate how equal remuneration between men and women for work of equal value is monitored in these report forms and to consider revising the report forms so as to allow employers to assess the application of the principle in their enterprise and to take the appropriate measures under the employment equity plan. Please also continue to provide copies of the employment equity reports.

4. Article 2(2)(b). Application by Sectoral Determinations. The Committee notes the Sectoral Determinations No. 6 and No. 7 for the Private Security Sector and Domestic Workers and the Government’s statement that "wage differentials and inequality" are amongst the criteria used for setting minimum wages. It asks the Government to continue to provide copies of sectoral determinations setting minimum wages and to indicate whether "wage differentials and inequality" include wage inequalities between men and women. Please also indicate how the Employment Conditions Commission, who are to undertake research on income differentials and advise the minister on sectoral determinations, ensure that gender bias is avoided in setting minimum rates of remuneration as well as any additional payments in cash and in kind.

5. Article 2(2)(c). Wage determination by collective agreement. As regards the steps the Government is taking to ensure that the principle of the Convention is applied in collective agreements, the Committee notes that the Government indicates that it ensures compliance with the requirements of the Employment Equity Act. It also notes that no such procedure exists for those private collective agreements that do not have to go through the Minister for publication and extension to non-parties. The Government is asked to provide information on the measures taken to promote the application of the principle of the Convention by workers’ and employers’ organizations party to such agreements. Please also continue to provide copies of any relevant collective agreements.

6. Article 4. Cooperation with the social partners. The Committee would be grateful if the Government would provide information in its next report on the specific activities carried out with organizations of employers and workers to apply the provisions of the Convention.

7. Part III of the report form. Enforcement. The Committee notes the information on the number of inspections carried out and contraventions detected by the labour inspectorate, for which it is thankful. However, the statistics do not indicate whether these contraventions include violations that directly relate to the implementation, or the violation, of the Convention. It hopes that the Government will be in a position to provide such information in its next report. Please also provide information on any action taken by the Department of Labour, when reviewing employment equity reports, against employers who are not complying with the provisions of the EEA that relate to wage discrimination.

8. Part V of the report form. The Committee notes the information on the activities by the Human Rights Commission (HRC). However, it would like to receive information, including any reports or studies, on how these activities as well as those of the National Office on the Status of Women, the Office on the Empowerment of Women, and the Commission on Gender Equality help to promote the application of the principle of the Convention. Referring to its 1998 general observation, it also reiterates its request for statistics on the distribution of men and women by sector of activity and occupation and their corresponding wages, in the public and private sectors.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

1. Article 1(b) of the Convention. Equal remuneration for work of equal value. The Committee had previously noted that section 6 of the Employment Equity Act (EEA) of 1998 prohibits any person to "unfairly discriminate, directly or indirectly, against an employee, in any employment policy or practice, on one or more grounds, including gender, sex", including with respect to remuneration. It had asked the Government to indicate whether this section required equal remuneration for men and women for work of equal value. The Committee notes, in this regard, the Government’s statement that while section 6 does not specifically include this principle of the Convention, it nonetheless prohibits unfair discrimination based on sex. In this context, the Committee notes with interest the judgement by the Labour Court of 8 December 1999 in Louw v. Golden Arrow Bus Services stating that although the principles of equal pay for equal work and analogously for work of equal value are not enshrined in the unfair labour practice definition, they are "principles of justice, equity and logic which may be taken into account when considering if an unfair labour practice has been committed". The Court also holds that it is an unfair labour practice to pay different wages for equal work or for work of equal value if the reason is direct or indirect discrimination on arbitrary grounds or on the grounds listed in the Act which include sex. The Committee asks the Government to consider amending the Employment Equity Act so as to provide for equal remuneration for men and women for work of equal value.

2. Article 3. Objective evaluation of jobs. The Committee notes with interest that the Labour Court in the abovementioned Louw v. Golden Arrow Bus Services case relied on evidence by an independent expert explaining the "Peromnes job evaluation system" to determine whether two jobs were of equal value. The Peromnes method, which is widely used, is a points assessment technique using eight factors, each of which is weighted to determine the position of the job in the grade ranking: problem solving; consequences of judgements; pressure of work; knowledge; job impact; comprehension; educational qualification; and training experience. The Committee asks the Government to continue to provide copies of similar case law and information on how the provisions of the Convention are applied in practice in both the private and public sectors. Please also indicate any measures taken or envisaged to promote the use of the Peromnes method or any other method for the objective appraisal of jobs and their impact on reducing wage differentials between men and women.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the information in the Government’s first report and related materials.

1. Article 1(b) of the Convention. The Committee notes that section 6 of the Employment Equity Act (EEA) of 1998 prohibits any person to "unfairly discriminate, directly or indirectly, against an employee, in any employment policy or practice, on one or more grounds, including ... gender, sex ...", including with respect to remuneration. While this section does not specify that it prohibits unequal remuneration as between men and women, not only for equal work, but for work of equal value, the Committee notes that section 3 of the EEA provides that its provisions must be interpreted "in compliance with the international law obligations of the Republic". Recalling that the principle of the Convention is that men and women are to receive equal remuneration for work of equal value, the Committee asks the Government to indicate whether in fact section 6 requires equal remuneration as between men and women for work of equal value. At the same time, the Committee urges the Government to consider revising the legislation to include an explicit reference to the principle of equal remuneration for work of equal value.

2. The Committee notes that the Promotion of Equality and Prevention of Unfair Discrimination Act was enacted in part to implement article 9 of the Constitution, which prohibits unfair discrimination by any person or state official, either direct or indirect, based on sex among other grounds. It also notes that this Act and the Constitution are the only basis on which independent contractors and certain public servants may seek protection from discrimination in remuneration. Accordingly, the Committee asks the Government to confirm that these instruments in fact prohibit, as to these groups, unequal remuneration as between men and women for work of equal value.

3. Article 2(2)(a). The Committee notes that section 27 of the EEA requires all designated employers, as part of their reporting duties, to submit a statement "on the remuneration and benefits received in each occupational category and level of that employer’s workforce", and to take measures to reduce disproportionate income differentials whenever they are reflected in such statements. The Committee asks the Government for clarification of the meaning of the term "disproportionate income differentials". In this connection, the Committee also asks the Government for specific information on the actual differentials in income reported by designated employers, disaggregated by sex and broken down by categories as provided for in the 1998 general observation. Finally, the Committee asks the Government for information as to income differentials in workplaces of employers who are not "designated", as well as about any efforts it is undertaking to ensure compliance by these employers with the principle of the Convention.

4. The Committee notes that sections 19 and 20 of the EEA require employers, inter alia, to prepare and implement employment equity plans with specific objectives and targets, and to monitor and evaluate the implementation of the plans, and that section 20(2)(c), in particular, provides that where women (among others) are found to be under-represented in a given occupational category, specific strategies must be developed to ensure that "suitably qualified" women be assigned to the relevant category. The Committee asks the Government to indicate whether any of these employment equity plans promote equal pay for work of equal value.

5. Article 2(2)(b). The Committee notes that Chapter 8 of the Basic Conditions of Employment Act provides that the Minister may make a determination establishing "basic conditions of employment for employees in a sector and area". Such sectoral determinations may include the setting of minimum rates of remuneration, adjustments to such rates, the regulation of the manner, timing and other conditions of payment of remuneration as well as the regulation of other payments, the minimum conditions of employment for trainees, training and education schemes, or "any other matter concerning remuneration or other terms or conditions of employment". Finally, the Committee notes that such determinations are to be made based on investigations and the resulting reports. The Committee asks the Government for copies of any sectoral determinations made by the Minister, along with details as to criteria used for setting minimum wages. It also asks the Government how the principle of the Convention is applied in the development of these determinations.

6. The Committee notes that the Employment Conditions Commission is to advise the Minister of Labour on sectoral determinations, and that it is to research and investigate norms and benchmarks for proportionate income differentials and advise the Minister on appropriate measures for reducing disproportionate differentials. It also notes that the Commission for Employment Equity is charged with the responsibility of researching and reporting, in the context of the EEA, on norms and benchmarks for the setting of numerical goals in various employment sectors. The Committee asks the Government for any reports prepared, or other research carried out, by either of these bodies in these connections, as well as for information regarding any action taken to reduce gender-based income differentials.

7. Article 2(2)(c). The Committee notes the Government’s explanation that collective agreements employ a definition of "wage" which refers "to the amount of money payable to an employee as prescribed in the collective agreement in respect of the employee’s ordinary hours of work as prescribed", and that the term "equal remuneration for work of equal value" is not made use of at all in these collective agreements, but that the agreements are bound by the principles of national legislation. In view of the fact that the collective agreement definition of "wage" is much narrower than the Convention’s definition of "remuneration", the Committee asks the Government what steps it is taking to ensure that the principle of the Convention is respected in collective agreements. At the same time, it asks the Government to forward copies of the collective agreements.

8. Article 3. The Committee notes that in section 2.3.2 of the National Gender Policy Framework it is acknowledged that low value is accorded to women’s work and women are clustered in low-paid jobs, but that the report contains no information or indication that objective job evaluation is being done with respect to promoting equal pay for men and women of all races. It asks the Government for details of any such objective job evaluation that it is in the process of undertaking, and also for any plans it has for carrying out such evaluations in the future.

9. Article 4. The Committee notes the Government’s assertion that cooperation between employers’ and workers’ organizations is subject to the principles of the Constitution and the Labour Relations Act, and asks the Government for specific information as to how the principle of the Convention is applied in practice in the course of this cooperation.

10. Part III of the report form. The Committee asks the Government for information about the number of labour inspections carried out by labour inspectors, any violations of the Convention discovered, and remedies applied. At the same time, it asks the Government for details of any reviews by the Director-General of the Department of Labour, in the context of his or her duty to conduct reviews to determine if an employer is complying with the EEA, which directly relate to the implementation, or the violation, of the Convention.

11. Part V of the report form. The Committee notes with interest the creation and functioning of a wide range of governmental bodies and officials that carry out activities directly relevant to the Convention, including the National Office on the Status of Women, the Office on the Empowerment of Women, the Joint Monitoring Committee on the Improvement of the Quality of Life and the Status of Women, and the Human Rights Commission. The Committee particularly notes the functions of the Commission on Gender Equality, including (but not limited to): (i) monitoring compliance with international instruments; (ii) making recommendations on policies and practices of South African organizations, bodies and institutions to ensure they promote gender equality; (iii) evaluating proposed legislation and making recommendations regarding the adoption of new legislation that would promote gender equality; and (iv) conducting appropriate research. The Committee asks the Government for specific information with respect to the activities of any of these bodies in so far as their work implicates the principle of the Convention. It also asks the Government for statistics relating to equal remuneration as between men and women for work of equal value, in accordance with the 1998 general observation on the Convention.

12. The Committee asks the Government to forward any judicial decisions relating to the principle of equal pay as between men and women for work of equal value.