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

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

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.