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

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

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.