DOCUMENTS

Pay must be equalised - Dept of Labour

Employers will soon have to justify any divergence from equal pay for equal work principle

Time to equalise pay

3 Feb 2011

It was about time the principle of equal pay for work of equal value becomes the order of the day in the country, the Department of Labour said in Kimberley today (Thursday). 

This was during the last public hearing into the proposed labour law amendments following a punishing three week campaign across all provinces. 

"We propose a new clause to deal with unfair discrimination by employers in respect of employees doing the same work, similar work or work of equal value" Ntsoaki Mamashela, Director of employment equity said. 

She said the proposed changes are aimed at ensuring that the department complies with the International Labour Organisation's norms and standards. 

"We also want to give effect to human rights element that is being promoted by the country's Constitution and close gaps in our labour legislations," she said. 

"Differences in pay and conditions of work between employees performing the same work will amount to unfair labour practice unless the employer can justify the rationale thereof relating to experience, skill, responsibility and qualification," Mamashela said. 

She said further amendment is proposed to provide for lower paid employees to refer a dispute concerning discrimination (including equal pay claims) to the CCMA for arbitration. 

As with previous gatherings, the hearing saw a large turn out of employers, trade unionists and other stakeholders engaging in robust debates in an attempt to influence the outcome. 

Public comments will, according to the Department of Labour, close on 17 February, after which the Bills will be debated at NEDLAC. Members of the public are still free to submit their written comments to nearest labour office.

Statement issued by the Department of Labour, February 3 2011

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