Equal Pay
The Employment Equity Act, particularly Section 6(4), provides that differing terms and conditions of employment, including remuneration, constitute unfair discrimination if they are based on prohibited grounds, including gender.
The Code of Good Practice on Equal Pay/Remuneration for Work of Equal Value, published in 2015, offers practical guidance on implementing the principle of equal pay for work of equal value.
An employer is required to take steps to promote opportunity in the workplace by eliminating unfair discrimination in any employment policy or practice (which includes, among others, remuneration, employment benefits and terms and conditions of employment). In accordance with the amended Employment Equity Act, a difference in terms and conditions of employment between employees of the same employer performing the same or substantially the same work or work of equal value that is directly or indirectly based on any one or more of the grounds listed in the law (which include, among others, sex), is unfair discrimination. The Employment Equity Regulations provide for equal wages for work of equal value.
Source: §5 & 6(4) of the Employment Equity Act 1998, last amended in 2025; Code of Good Practice on Equal Pay/Remuneration for Work of Equal Value, 2015
Non-Discrimination
In accordance with article 09 of the South African Constitution, all persons are equal before the law and they may not be discriminated against on the grounds of race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language or birth. The law also prohibits antiunion discrimination by employers. Employment Equity Act also prohibits direct or indirect discrimination against a worker in any employment policy or practice on any of the following grounds: Race, gender, sex, pregnancy, marital status, family responsibilities, ethnic or social origin, colour, sexual orientation, age, disability, religion, HIV status, conscience, belief, political opinion, culture, language, and birth or on any other arbitrary ground. However, it is not unfair discrimination to take affirmative action (to support a neglected group) or distinguish, exclude or prefer any person on the basis of an inherent requirement of a job. Psychological testing, as well as Medical testing, to determine a worker’s HIV status is prohibited.
Source: §9 of the South African Constitution, 1996; § 6-7 of the Employment Equity Act 1998, last amended in 2025
Non-Standard Workers' Rights on Equal Treatment - Platform workers
In accordance with article 09 of the South African Constitution, all persons are equal before law and they may not be discriminated on the grounds of race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language and birth. The law also prohibits anti-union discrimination by employers. The Employment Equity Act also prohibits direct or indirect discrimination against an worker in any employment policy or practice on any of the following grounds: Race, gender, sex, pregnancy, marital status, family responsibilities, ethnic or social origin, colour, sexual orientation, age, disability, religion, HIV status, conscience, belief, political opinion, culture, language, and birth or on any other arbitrary ground.
In line with article 23(1) of the Constitution of South Africa, everyone has the right to fair labour practices. The self employed or independent contractors do not enjoy protection against unfair discrimination under the Employment Equity Act as the legislation only applies to employees or applicants for employment. However, self employed are equally protected under the Promotion of Equality and Prevention of Unfair Discrimination Act 2000. The legislation also prohibits discrimination on the following grounds:
race, gender, sex, pregnancy, marital status. ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience. belief, culture. language and birth; or (b) any other ground where discrimination based on that other ground that causes or perpetuates systemic disadvantage or undermines human dignity or adversely affects the equal enjoyment of a person’s rights and freedoms in a serious manner that is comparable to discrimination on a ground, as explained above.
