It is almost 10 years since the introduction of the new clause that deals with unfair discrimination in remuneration by employers in respect of terms and conditions of employment of employees doing the same work, similar work or work of equal value.

In a drive to further strengthen the implementation of Employment Equity (EE) and enhance fair and equal treatment in the workplace, the Commission for Employment Equity (CEE) plans to host a stakeholder engagement session on equal pay/remuneration for work of equal value with the NEDLAC social partners and other strategic partners.

CEE is a statutory body advising the Employment and Labour Minister on Codes of Good Practice, Regulations, Policy and any other matter concerning the Employment Equity Act of 1998.

The specific provisions dealing with the principle of equal pay for work of equal value were introduced in the 2013 Employment Equity Amendments. These provisions are intended to eliminate any form of unfair discrimination in terms and conditions of employment, including in pay/ remuneration and benefits packages. In addition, to advance fair treatment of workers and address pay inequalities in respect of employees of the same employer doing the same work, similar work or work of equal value.

The principle of equal pay for work of equal value discourages unfair discrimination in pay/ remuneration and benefits, unless the employer can show that differences are fair and rational in relation to responsibility demanded of the work; experience, skill, and qualifications required to perform the work; physical, mental and emotional effort required to perform the work; including the working conditions under which the job is performed.

When these specific provisions on equal pay for work of equal value became effective on 1 August 2014, the EE Amendment Act also provided for lower paid employees to refer disputes concerning discrimination (including equal pay claims) to the Commission for Conciliation, Mediation and Arbitration (CCMA) for arbitration.

The EE Amendment Act, its Regulations and the Code of Good Practice on Equal Pay – are policy instruments regulating the principle of equal pay for work of equal value and it is applicable to all employers in both the public and private sectors. South Africa’s implementation of the equal pay for work of equal value is in line with the International Labour Organization’s (ILO) Equal Remuneration Convention (No. 100) which focuses on the principle for the equal remuneration for work of equal value to ensure pay parity for work of equal value performed by men and women.

Department of Employment and Labour’s EE: Director Ntsoaki Mamashela said the issue on equal pay/remuneration for work of equal value was a matter of interest to the Commission for Employment Equity. Mamashela said the stakeholder session with strategic partners, in particular the NEDLAC Social Partners, would provide a platform to reflect the road travelled so far and develop mechanisms to deal with implementation challenges and proposed solutions for future improvements.

Mamashela said it was over 8 years since the implementation of the equal pay for work of equal value provisions and “we do not see any visible change – that workers are getting paid what is due to them”.

During the stakeholder session CEE Chairperson, Tabea Kabinde will deliver the opening address. She will share the assembly with the CCMA and NEDLAC Social partners on the law governing equal pay/remuneration for work of equal value to assess the impact of this law eight years later.

The CCMA as a critical statutory body empowered by the Employment Equity Act to deal with all unfair discrimination disputes, will share a presentation on dispute resolution and Case Law pertaining to equal pay/remuneration for work of equal value over the eight years of the implementation of the equal pay provisions.

Organised business, labour and community will also deliver presentations in which they will reflect on workplace challenges in dealing with the implementation of equal pay and proposed solutions.

Source: Government of South Africa