Observation (CEACR) - adoptée 2007, publiée 97ème session CIT (2008)

Article 1(b) of the Convention. Equal remuneration for work of equal value. The Committee recalls its previous observation on section 6 of the Employment Equity Act prohibiting unfair discrimination on the ground of sex, including with respect to remuneration, in which it asked the Government both to indicate whether this section required equal remuneration for men and women for work of equal value, and to consider amending the Act so as to give full expression to this principle. The Committee notes that, according to the Government’s report, Chapter 2 of the Employment Equity Act is understood to encompass the principle of equal pay for work of equal value and it also applies to independent contractors, members of the South African Defence Force, the National Intelligence Agency and the South African Secret Service. The Committee further notes the Government’s statement that “consideration would be given to establish whether there is a need to include this area [equal pay for work of equal value] either in the Act or in the Regulations”. In that regard, the Committee recalls its 2006 general observation on this Convention urging governments to take the necessary steps to amend their legislation in order to provide for equal remuneration for men and women for work of equal value (paragraph 6). The Committee therefore asks the Government to consider amending the Employment Equity Act so as to provide expressly for equal remuneration for men and women for work of equal value. The Committee invites the Government to keep it informed on any development which may occur in that respect as well as to provide information on the application of the relevant provisions of the Employment Equity Act.

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