By Sihle Tshetlo, Associate in the Employment practice, Cliffe Dekker Hofmeyr
On 1 June 2015, the Minister of Labour issued a Code of Good Practice on Equal Pay for Work of Equal Value (Code) in terms of the amended Employment Equity Act (EEA).
According to Sihle Tshetlo, an Associate in the Employment practice, Cliffe Dekker Hofmeyr, “The objective of the Code is to provide practical guidance to employers and employees on how to apply the principle of equal pay for work of equal value, in order to promote the implementation of pay equity in the workplace by all employers including the state and trade unions.”
Tshetlo explains that the Code applies to all employees and employers covered by the EEA and is to be read in conjunction with the Employment Equity Regulations released in 2014, as well as the Code of Good Practice on the Integration of Employment Equity into Human Resources, Practices and Procedures.
The Code is framed by section 9 of the Constitution, the International Labour Organisation (ILO) Equal Remuneration Convention 1951 (No. 100) and s6(1) and 6(4) of the EEA, which prohibit unfair discrimination.
“The Code seeks to implement equal pay through human resources policies, practices and job evaluation processes, as well as the management of these policies and processes within a framework of sound governance in order to ensure that the principle of equal pay is applied fairly, consistently and free from unfair discrimination,” notes Tshetlo.