Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

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

Article 1 of the Convention. Equal remuneration for work of equal value. The Committee notes the Government’s indication that given that the Government, in consultation with the social partners, was in the process of reviewing the Employment Equity Act (EEA), a decision had been taken in 2009 not to include a provision covering equal pay for work of equal value in the amended EEA regulations. The Committee also notes that in the process of amending the EEA, a draft provision dealing specifically with equal pay for work of equal value has been included in Chapter 2. The Committee further notes that, while the EEA amendments are underway, equal pay for work of equal value has been implemented in the Director-General’s Review System, emanating from sections 43, 44 and 45 of the EEA, which empower the Director-General of Labour to do an in-depth assessment of compliance and make recommendations. The Committee, welcoming the Government’s intention to include the principle of equal pay for work of equal value in Chapter 2 of the EEA, hopes that the term “pay” will be defined broadly to cover all elements of remuneration, as defined in Article 1(a), and asks the Government to provide information on any developments in this regard. Please provide specific information on how the principle is included in the Director-General’s Review System, such as methods of implementation, monitoring of the Director-General’s recommendations and regarding any cases on this matter which have been referred to the Labour Court.

The Committee is raising other points in a request addressed directly to the Government.