Equal Pay for Work of Equal Value in Terms of the Employment Equity Act 55 of 1998: Lessons from the International Labour Organisation and the United Kingdom
Employment Equity Act
International Labour Organisation
Equal Pay Guide
Equal Remuneration Convention
Equal pay for work of equal value
Law in general. Comparative and uniform law. Jurisprudence
Full recordShow full item record
AbstractEqual pay is an area of employment law that is complex and not easily understood. This complexity is recognised by the International Labour Organisation (ILO), which notes that equal pay for work of equal value has proved to be difficult to understand, both with regard to what it entails and in its application. Amendments have been made to the Employment Equity Act 55 of 1998 (EEA) to include a specific provision to regulate equal pay claims in the form of section 6(4)-(5) of the EEA. The amendments were made in terms of the Employment Equity Amendment Act 47 of 2013, which came into effect on 1 August 2014 by presidential proclamation. Prior to section 6(4), the EEA did not contain a specific provision regulating equal pay claims. Claims could be brought in terms of section 6(1) of the EEA, which prohibits unfair discrimination on a number of grounds. The recent amendments to the EEA in the form of section 6(4)-(5) (including the Employment Equity Regulations and the Code of Good Practice on Equal Pay for Work of Equal Value) in respect of equal pay claims is a response to the ILO's criticism of South Africa's failure to include specific equal pay provisions in the EEA. Section 6(4) of the EEA provides for three causes of action in respect of equal pay. They are as follows: (a) equal pay for the same work; (b) equal pay for substantially the same work; and (c) equal pay for work of equal value. The first two causes of action are not difficult to understand as opposed to the third cause of action, which is complex. The ILO has recognised the complexity of the third cause of action, "equal pay for work of equal value". In Mangena v Fila South Africa 2009 12 BLLR 1224 (LC), the Labour Court remarked in the context of an equal pay for work of equal value claim that it does not have expertise in job grading and in the allocation of value to particular occupations. This article will deal with the third cause of action only, "equal pay for work of equal value". The purpose of this article is to critically analyse the law relating to equal pay for work of equal value in terms of the EEA (including the Employment Equity Regulations) and evaluate it against the equal pay laws of the ILO and the United Kingdom, which deal with equal pay for work of equal value. Lastly, this article seeks to ascertain whether the EEA (including the Employment Equity Regulations) provides an adequate legal framework for determining an equal pay for work of equal value claim.
Showing items related by title, author, creator and subject.
Women, Business and the Law 2012International Finance Corporation; World Bank (World Bank, Washington, DC, 2011)Women, business and the law focuses on
this critical piece of the puzzle, objectively highlighting
differentiations on the basis of gender in 141 economies
around the world, covering six areas: accessing
institutions, using property, getting a job, providing
incentives to work, building credit and going to court.
Women, business and the law describes regional trends and
shows how economies are changing across these six areas,
tracking governments' actions to expand economic
opportunities for women. For men and women throughout the
developing world, the chance to start and run a business or
get a good job is the surest hope for a way out of poverty.
It also requires good business regulation, suited to the
purpose, streamlined and accessible, so that the opportunity
to build a business or have a good job is dependent not on
connections, wealth or power, but on an individual's
initiative and ability. The doing business report has led
the way in providing data to countries about creating a
sounder and more streamlined business environment. Women,
Business, and the Law 2012 are the second in this series of
reports. This edition retains the same basic structure of
the 2010 pilot edition, while significantly expanding the
depth of data covered. While the number of topics covered is
the same, there has been a significant expansion of the data
collected within these topics, thus addressing some of the
initial shortcomings of the pilot edition. The number of
economies covered has also been expanded from 128 to 141.
More than Mainstreaming : Promoting Gender Equality and Empowering Women through Post-Disaster ReconstructionMDF-JRF Secretariat (World Bank, Jakarta, 2014-04-07)The Multi Donor Fund for Aceh and Nias (MDF) and the Java Reconstruction Fund (JRF) have played significant roles in the remarkable recovery of Aceh, Nias and Java, following some of the worst disasters in Indonesia in recent years. The MDF and the JRF, which is patterned after it, are each considered a highly successful model for post-disaster reconstruction. This paper presents lessons from the MDF and JRF's efforts to facilitate women's empowerment and gender equality during the reconstruction process. The reconstruction process presented opportunity to address gender issues and other social inequalities. Enhancing the role of women under the MDF and JRF programs saw significant results, such as improved and sustained outcomes in housing and infrastructure, faster economic and livelihood recovery and increased productivity, strengthening of women's legal rights, more representative decision making and enhanced resilience for women and communities.
Women, Business and the Law 2010 : Measuring Legal Gender Parity for Entrepreneurs and Workers in 128 EconomiesWorld Bank (Washington, DC, 2014-09-16)This report presents indicators based on laws and regulations affecting women's prospects as entrepreneurs and employees. Several of these indicators draw on the Gender Law Library, a collection of over 2,000 legal provisions impacting women's economic status. Both resources can inform research and policy discussions on how to improve women's economic opportunities and outcomes. The six indicators of gender differences in formal laws and institutions established in this report include: 1) accessing institutions, 2 ) using prpoerty, 3) getting a job, 4) dealing with taxes, 5) building credit, and 6) going to court. The first 3 indicators (accessing institutions, using property, and getting a job) capture laws that have direct gender dimensions and are based on a reading of such laws from the perspective of individual women. The 4th indicator (dealing with taxes) examines the direct and indirect gender implications of tax policy from the perspective of 4 standardized families with varying tax liabilities. The last 2 indicators (building credit and going to court) examine the ease of access to credit bureaus and courts to examine the indirect effects that microfinance institutions and dispute resolution have on women, who are more likely to rely on nontraditional financial services.