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

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

Other comments on C100

Observation

Direct Request

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Gender wage gap and occupational segregation. The Committee notes from the information provided by the Government under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), that the Commission for Gender Equality’s (CGE) study conducted in 2008 revealed a gender wage gap of 33.5 per cent. The Committee also notes from the 2010 statistics provided by the Government, that women predominate in clerical and domestic work. The CGE indicates that invisible elements continue to marginalize women, such as the institutional culture within a male-dominated environment, internal policies and practices regarding recruitment and promotion, and access to skills training, coupled with the sense that “men are taken more seriously and women have to earn their stripes”. This study also reveals that black women and women with children are particularly concerned by the gender wage gap. In order to address this issue, the Committee notes that the Government has put into place the Director-General’s Review System, which allows the Director-General to make recommendations to employers, who must include solutions in their Employment Equity Plans (EEPs) where disparities in remuneration based on gender or race are revealed (sections 43, 44, 45 of the Employment Equity Act (EEA)). The Committee asks the Government to continue to provide information on the measures taken to reduce the gender wage gap, including through addressing occupational segregation. Please also provide information on the results achieved through the Director-General’s Recommendations and EEPs. Noting that the earnings statistics provided by the Government are not disaggregated by sex, the Committee asks the Government to supply statistical data on the remuneration of men and women in both the public and private sectors, disaggregated by sector and occupation.

Income differential statements and affirmative action. The Committee notes the Government’s indication that the Employment Conditions Commission (EEC) is in the process of determining the methodology and approach to be adopted on how best to analyse the Income Differential statements (EEA4) submitted by employers during the 2009 reporting period. The Committee welcomes the Government’s intention to include in future amendments to the EEA, the possibility for small employers to report on matters such as barriers to employment equity in respect of remuneration and benefits, and affirmative action measures adopted to redress them in employment equity report forms (EEA2). The Committee reiterates its request for full information on income differentials between men and women workers revealed by the income differential statements submitted by employers and the analysis conducted by the Employment Conditions Commission. The Committee asks the Government once again to provide information on the barriers to employment equity in remuneration identified in the employers’ reports, and the affirmative action measures adopted to overcome them, including measures for small designated employers.

Article 2(2)(b) of the Convention. Minimum wages. The Committee notes the Government’s indication that minimum wages are set based on the criteria set out in the Basic Conditions of Employment Act (BCEA) which requires that the ECC, in its advice given to the Minister on sectoral minimum wage determinations, must consider, inter alia, the ability of employers to carry out their business, the employment in the sector, the cost of living and the alleviation of poverty. The Committee further notes that minimum wages are not based on an evaluation of jobs within the sector, but rather by taking into consideration the peculiar nature of the sector. The Committee notes that a minimum wage is either set at the same level for an entire sector (e.g. domestic and farm workers) or distinguishes between different job categories within a sector (e.g. private security, wholesale and retail sector and civil engineering sector). The Committee recalls that there is a tendency to set lower wage rates for sectors predominantly employing women, and due to such occupational segregation, particular attention is needed in setting sectoral minimum wages to ensure that the rates fixed are free from gender bias. The Committee, therefore, asks the Government to provide information on how it is ensured that the setting of minimum wage rates is free from gender bias, and any measures taken to promote equal remuneration for men and women for work of equal value through the ECC.

Articles 2(2)(c). Collective agreements. The Committee notes the Government’s indication that collective agreements do not include specific provisions dealing with equal remuneration for men and women for work of equal value. The Committee asks the Government to indicate any measures taken, with the cooperation of the social partners, to promote the inclusion of the principle of equal remuneration for men and women for work of equal value in collective agreements, and any results achieved.

Article 3. Objective job evaluation. The Committee notes the Government’s general statement that the job evaluation systems are fair, unbiased and free from unfair discrimination. The Committee asks the Government to provide information on the specific measures taken to ensure that job evaluation systems are fair, unbiased and free from unfair discrimination.

Article 4. Cooperation with social partners. The Committee recalls its previous comments in which it noted that the tripartite National Skills Authority was making efforts to promote women’s access to better paying jobs. The Committee also notes that cooperation with social partners takes place through dialogue with the National Economic Development Labour Council (NEDLAC) at the national level, through negotiations and consultations at various forums with the Bargaining Councils at the sectoral level and through forums at the workplace level. The Committee again asks the Government to provide information on specific measures taken by the National Skills Authority to promote women’s access to better paying jobs. The Committee also asks the Government to provide information on the specific activities carried out or measures taken by NEDLAC, the Bargaining Councils, and workplace level forums relating to the principle of equal remuneration for men and women for work of equal value.

Parts III and V of the report form. Enforcement and practical application. The Committee notes the information provided on the seven cases which were handled by the Commission for Conciliation, Mediation and Arbitration (CCMA), and notes the absence of cases dealing with the principle of equal remuneration for work of equal value. The Committee notes the 2009 Annual Report of the Commission on Gender Equality. The Committee asks the Government to provide details on any judicial or administrative decisions related to the principle of the Convention. Please also provide information on any action taken by the Department of Labour, when reviewing employment equity reports, against employers that are not complying with the provisions of the EEA that relate to wage discrimination. The Committee also reiterates its request for specific information on the practical application of section 8 of the Promotion of Equality and Prevention of Unfair Discrimination Act with respect to any proceedings instituted or any activities carried out in relation to the principle of equal remuneration for work of equal value. The Committee also asks the Government to provide information on the specific activities carried out by the Commission on Gender Equality in order to ensure the practical application of equal remuneration for work of equal value. Please also provide information on the activities carried out by the National Office of the Status of Women and the Office on the Empowerment of Women with regard to the principle of the Convention.