Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

1. Article 2 of the Convention. Scope of application. Noting the Government’s confirmation that independent contractors and members of the National Defence Force, the National Intelligence Agency and the South African Secret Service would be protected against gender discrimination under section 7 of the Promotion of Equality and Prevention of Unfair Discrimination Act of 2000, the Committee asks the Government to confirm whether this also includes protection against unequal remuneration between men and women for work of equal value.

2. Article 2(2)(a). Application of the principle by means of legislation. With reference to its comments on the application of section 27 of the Employment Equity Act (EEA), the Committee reiterates its request to the Government to clarify the meaning of "disproportionate income differentials" and to provide information on the actual differentials in income reported by designated employers, disaggregated by sex and broken down by categories as provided in the 1998 general observation on this Convention. Please also provide information about any efforts taken to ensure application of the principle of the Convention.

3. The Committee refers to its previous comments on the application of sections 19 and 20 of the EEA requiring employers to prepare and monitor the implementation of equity plans and thanks the Government for providing copies of the employment equity reports for small businesses and businesses with over 150 employees. It notes that the report forms provide for an analysis of the barriers to employment equity and for "affirmative action measures" taken to overcome these barriers as part of the employment equity plan. However, the report form for small businesses does not require employers to indicate any employment equity barriers related to remuneration and benefits and, overall, the report forms do not explicitly allow for an evaluation of whether or not any wage discrimination between men and women exists. The Committee asks the Government to indicate how equal remuneration between men and women for work of equal value is monitored in these report forms and to consider revising the report forms so as to allow employers to assess the application of the principle in their enterprise and to take the appropriate measures under the employment equity plan. Please also continue to provide copies of the employment equity reports.

4. Article 2(2)(b). Application by Sectoral Determinations. The Committee notes the Sectoral Determinations No. 6 and No. 7 for the Private Security Sector and Domestic Workers and the Government’s statement that "wage differentials and inequality" are amongst the criteria used for setting minimum wages. It asks the Government to continue to provide copies of sectoral determinations setting minimum wages and to indicate whether "wage differentials and inequality" include wage inequalities between men and women. Please also indicate how the Employment Conditions Commission, who are to undertake research on income differentials and advise the minister on sectoral determinations, ensure that gender bias is avoided in setting minimum rates of remuneration as well as any additional payments in cash and in kind.

5. Article 2(2)(c). Wage determination by collective agreement. As regards the steps the Government is taking to ensure that the principle of the Convention is applied in collective agreements, the Committee notes that the Government indicates that it ensures compliance with the requirements of the Employment Equity Act. It also notes that no such procedure exists for those private collective agreements that do not have to go through the Minister for publication and extension to non-parties. The Government is asked to provide information on the measures taken to promote the application of the principle of the Convention by workers’ and employers’ organizations party to such agreements. Please also continue to provide copies of any relevant collective agreements.

6. Article 4. Cooperation with the social partners. The Committee would be grateful if the Government would provide information in its next report on the specific activities carried out with organizations of employers and workers to apply the provisions of the Convention.

7. Part III of the report form. Enforcement. The Committee notes the information on the number of inspections carried out and contraventions detected by the labour inspectorate, for which it is thankful. However, the statistics do not indicate whether these contraventions include violations that directly relate to the implementation, or the violation, of the Convention. It hopes that the Government will be in a position to provide such information in its next report. Please also provide information on any action taken by the Department of Labour, when reviewing employment equity reports, against employers who are not complying with the provisions of the EEA that relate to wage discrimination.

8. Part V of the report form. The Committee notes the information on the activities by the Human Rights Commission (HRC). However, it would like to receive information, including any reports or studies, on how these activities as well as those of the National Office on the Status of Women, the Office on the Empowerment of Women, and the Commission on Gender Equality help to promote the application of the principle of the Convention. Referring to its 1998 general observation, it also reiterates its request for statistics on the distribution of men and women by sector of activity and occupation and their corresponding wages, in the public and private sectors.