Observation (CEACR) - adoptée 2015, publiée 105ème session CIT (2016)

Convention (n° 100) sur l'égalité de rémunération, 1951 - Afrique du Sud (Ratification: 2000)

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.