Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

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

Articles 1 and 2 of the Convention. Gender wage gap and income differential statements. The Committee notes the Government’s indication, in its report, that the EEA4 Form used by employers to provide information on incomes (Income Differentials Statement) was revised in August 2019 to assist in the collection of quality data required by both: (1) the National Minimum Wage Commission (NMWC) – in order to assess the pay gap between the highest paid and lowest paid workers in the country and establish sector norms and benchmarks to reduce the gap; and (2) the Commission for Employment Equity (CEE) – to monitor the implementation of the principle of equal pay for work of equal value. The Committee notes that, in the observations they submitted on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), the workers’ organizations within NEDLAC recognize that the legislated minimum wage was a step in the right direction but call for further mechanisms to be developed in order to address the pay gaps across race, gender and between the highest and lowest paid workers. The Committee notes the absence of information on the activities undertaken by the Government to promote the use, among employers, of the Code of Good Practice on Equal Pay/Remuneration for Work of Equal Value; as well as on concrete cases in which disparities have been addressed by employers. The Committee notes that, according to the ILO Global Wage Report 2018/19 , the gender pay gap for South Africa was estimated, at 19.4 (mean gender pay gap using hourly wages). It also notes that the United Nations (UN) Committee on the Elimination of Discrimination against Women (CEDAW), in its concluding observations, expressed concerns at the limited enforcement of the principle of equal pay for work of equal value and the persistent gender pay gap in the country. It recommended to the Government to conclude, without delay, the ongoing review of wages and to effectively enforce the above-mentioned principle in order to narrow and close the gender pay gap by conducting regular labour inspections, applying gender-neutral analytical job classification and evaluation methods, and conducting regular pay surveys (CEDAW/C/ZAF/CO/5, 23 November 2021, paragraphs 47-48). The Committee requests the Government to provide statistical information, disaggregated by sex, on the remuneration of men and women in both the public and private sectors as well as information on the analysis of the existing income differentials following the statements submitted by employers. Please also provide information on the concrete measures adopted in order to address the existing gender remuneration gap.

Horizontal and vertical occupational segregation. The Committee notes, from the information and statistical data contained in the annual report 2021-2022 of the Commission for Employment Equity, that the horizontal occupational gender segregation pointed out by the Committee in its previous direct request remains prevalent (with women typically being overrepresented in Education, Human health and social work activities, and Financial and insurance activities; whereas men are predominantly working in Agriculture, forestry and fishing; Mining and quarrying; Construction; and Electricity, gas, steam and air conditioning supply). The CEE report also shows evidence of vertical gender segregation, with women occupying only 25.8 and 36.4 per cent of top and senior management positions respectively, whereas for other categories (professionally qualified, skilled, semi-skilled and unskilled levels) they represent between 43.2 and 48.7 per cent of the workforce. In relation to its previous comment on access to vocational training, the Committee refers to the direct request it addresses to the Government concerning the Discrimination (Employment and Occupation) Convention, 1958 (No. 111). The Committee requests the Government to provide information on the measures taken to address horizontal and vertical occupational gender segregation in employment and occupation, including through education and vocational training and other measures adopted in the framework of theNational Skills Development Plan (2030), and the concrete impact of these measures on the inclusion of women in better paid jobs, on their career advancement and on the reduction of the gender wage gap. Please provide statistical information of women employment in all sectors and levels of occupation.

Article 1. Equal remuneration for work of equal value. The Committee notes the Government’s indication that the principle of equal remuneration for work of equal value is implemented through section 6 of the Employment Equity Act of 1998 (EEA, as amended) read together with clauses 2 to 7 of the Employment Equity Regulations 2014, and that a Code of Good Practice on equal pay/remuneration for work of equal value was adopted in 2015. The Committee requests the Government to provide information on the practical application of the EEA as amended in 2022, the Employment Equity Regulations, 2014, and the Code of good practice on equal pay/remuneration for work of equal value. Please provide specific information on the concrete impact of these legislative measures in the application of equal remuneration between men and women for work of equal value and the obstacles and difficulties encountered.

Scope of comparison. The Committee notes that section 6(4) of the Employment Equity Act of 1998 (EEA), as amended, provides for the principle of equal remuneration for work of equal value but limits the scope of comparison to jobs performed for the same employer. In this regard, the Committee recalls that the application of the principle of equal remuneration for men and women for work of equal value should not be limited to comparisons between men and women in the same establishment, enterprise or sector and that the Convention allows for a much broader comparison to be made between different employers or sectors. Where women are heavily concentrated in certain sectors of activities or occupations, there is a risk that the possibilities for comparison may be insufficient at the level of the establishment (see 2012 General Survey on the fundamental Conventions, paragraphs 697–698). The Committee requests the Government to provide information on how it is ensured that wages in sectors predominantly employing women are not set on the basis of gender-biased undervaluation of the work performed in these sectors, and invites the Government to give consideration to widening the scope of comparison of jobs performed by men and women beyond the same employer and to provide information on any developments in this regard.

Article 2(2)(b). Minimum wages. The Committee notes the Government’s indication that sections 5 to 7 of the Employment Equity Regulations provide implementation guidelines to employers, workers and their respective organizations on the methodology to be followed in determining rates of pay/remuneration, and that paragraphs 4 to 6 of the Code of Good Practice on Equal Pay/Remuneration for Work of Equal Value 2015 provides example of best practices on how to eliminate unfair discrimination in pay/remuneration and benefit structures or packages. The Committee recalls that, taking into account the persisting occupational segregation in the country, particular attention should be given when setting sectoral minimum wages to ensure that the rates fixed are free from gender bias, as there may be a tendency to set lower wage rates for sectors predominantly employing women. The Committee requests the Government to provide concrete information on how it is ensured that sectoral minimum wages are set free from gender bias.

Article 2(2)(c). Collective agreements.The Committee requests the Government to indicate the measures taken to promote the inclusion of the principle of equal remuneration for men and women for work of equal value in collective agreements, and to forward a copy of any collective agreement that provides for the principle in its text.

Enforcement and practical information. The Committee notes the information provided by the Government on equal pay cases adjudicated by the Commission for Conciliation, Mediation and Arbitration (CCMA) or the Labour Courts. It also notes that, according to the 2021-2022 report of the Commission for Employment Equity, there were 8 referrals to the CCMA of cases of alleged violation of the principle of equal pay for work of equal value based on the ground of sex or gender in the period from 1 April 2021 to 31 January 2022. The Committee requests the Government to continue to provide details of any judicial or administrative decisions related to the application of the principle of equal remuneration for men and women for work of equal value, including the outcome of the cases, sanctions imposed and remedies granted. It also requests information on any action taken by the Department of Labour when reviewing employment equity reports by employers, and on any other measure or activity carried out by the Department of Labour or the Commission on Gender Equality in order to ensure the practical application of equal remuneration for men and women for work of equal value.