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

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

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.