Gender Pay Gap in South Africa
What are South African laws regarding the gender pay gap and equal pay?
The Constitution of the Republic of South Africa 239 provides for the right to fair labour practices in terms of section 23. Section 9 of the Constitution makes provision for equality in the Bill of Rights, which an employee may raise in the event of an equal pay dispute. In terms of section 9(1) “everyone is equal before the law and has the right to equal protection and benefit of the law’” Furthermore, “the state may not unfairly discriminate directly or indirectly against anyone on one or more grounds, including race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language, and birth.”
What happens if discrimination on the ground of gender takes place in the workplace, regarding pay gaps?
If you feel that you have been unfairly discriminated against, or that an employer has contravened the laws, you can lodge a grievance with your employer. If the matter is not satisfactorily resolved at the workplace, it can be referred to the Commission for Conciliation, Mediation and Arbitration (CCMA) within six months of the unfair discrimination taking place.
If the CCMA is not able to resolve the dispute through conciliation, the matter can either be referred for arbitration (if both parties agree) or to the Labour Court for adjudication.
Find out more about Discrimination in South Africa.
Contact the CCMA website.