categories and levels in the workplace
Although the Act does not specifically provide for claims of unequal pay, such claims can be brought under the unfair discrimination sections of the Act.
The Act also provides for progressive measures to reduce income differentials where they are disproportionate. This could be done through:
■ Collective bargaining
■ Compliance with sectoral determinations (see section 51 of the Basic Conditions of Employment Act)
government, business or the community constituency. Then the labour market chamber in NEDLAC agrees on a process to discuss these conventions. The next stage is the tabling of conventions discussed in NEDLAC in parliament If parliament agrees to these conventions then they are deposited with the Department of Foreign Affairs and the ILO.
Article 22 ofthe ILO constitution states "each of the members agrees to make an annual report to the international labour office on the measures which it has taken to give effect to the provisions of conventions to which it is a party. These reports shall be made in such form and shall contain such particulars as the Governing Body may request".
'Designated groups' refers to black people, women and people with disabilities.
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■ Relevant measures contained in skills development legislation.
The Act further says that where there are disproportionate income differentials in the workplace, employers must act to progressively reduce these differentials.
The Act contains a number of measures for monitoring and prosecution in the event that the act is violated. These are stipulated in chapter 5 of the Act:
The Basic Conditions of Employment Act provides for the establishment of Employment Conditions Commission (EEC) which advises the Minister on minimum wages of 'vulnerable' workers, which would include women workers. This advice informs the sectoral determinations and ministerial determinations regarding minimum wages and conditions.
Several important wage determinations under the Basic Conditions of Employment Act have addressed the conditions of vulnerable women workers, the most important being contract cleaners and domestic workers (published August 2002).
The legal framework provides for positive and negative measures of addressing unequal pay and scores '2'.
DEVELOPMENT OF A PLAN 1
There are several mechanisms for addressing unequal pay. We looked for evidence of plans in the following:
• Employment Equity Commission (EEC)
• Employment Conditions Commission (ECC)
• The Equity Directorate
The Employment Equity Act requires the Employment Equity Commission (EEC) to investigate norms and benchmarks for proportionate differentials and to advise the minister as to how disproportionate differentials should be reduced. The Annual Reports of the EEC do not suggest that this has yet been done in relation to gender, nor does there seem to be a plan to do so.
The Employment Conditions Commission apparently plans a determination on the female dominated hospitality industry, but this has not yet been done (Budlender, 2004).
We have not been able to establish what plans may exists in the Equity Directorate.
We found some evidence of plans relating to unequal pay, although these were not comprehensive. Hence this scores a * I'.
TARGETS 0
In the absence of detailed plans, we were not able to find targets. This scores a '0'.
INSTITUTIONAL MECHANISMS 1
Mechanisms for claims of unequal pay are in place. Claims of unfair sex/gender discrimination based on unequal pay can be heard by the CCMA and the Labour Court. Both institutions are in place.
Centre for Applied Legal Studies ILO Conventions 157
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Mechanisms are also in place that could develop plans or programmes for addressing the
problem of the gender gap in pay. These include the Commission for Employment Equity and the Employment Conditions Commission (which have an advisory and implementing role)
and the Employment Equity Directorate (which has a policy/implementing role). However, the Department of Labour does not have a Gender Focal Point in place, whose task would relate to mainstreaming gender into policies and programmes of the Department.Although most mechanisms are in place, there is no Gender Focal Point in the Department of Labour, hence this scores a ' 1 \6S
BUDGET 1
There is a budget for the CCMA and the Labour Courts which deal with complaints of unequal pay and for the Employment Equity Commission and Employment Conditions
Commissions. However, we were unable to identify a budget tied to plans and objectives to
reduce the gender gap for women. Hence this scores '1'.HUMAN RESOURCES 1
The CCMA and Labour Courts are staffed, as are the two Commissions and the directorate in the Department. However it is not clear whether there are enough staff, with the requisite capacity to identify and address the more systemic issues that underpin the problem of the gender gap in pay.
This scores T.
RESEARCH 1
The Department of Labour in partnership with Statistics South Africa produced a report on
"Mean and Minimum Wages in South Africa" in 2000. The publication is one of the responses to the Presidential Job Summits of 1998. The report captures and analyses data on income from household captured in the October Household Survey of 1997, it also compares actual earnings to legislation on minimum wages. It reports on 'Mean hourly wages by industry and gender, thus gender is one of the variables it addresses.
The report by Statistics South Africa, 'Women and Men in South Africa five years on' (Stats SA 2002), presents statistical information on the fact that men earn more than women in general. The report further shows that women still perform most unpaid work.
The Commission on Gender Equality (CGE) commissioned the Community Agency for Social Enquiry (CASE) to examine the issue of equal work for equal pay or work of equal value, which was particularly interested in women who work in the vegetable farm industry.
Some research has been done on the issue (mainly quantitative rather than qualitative), but this does not form part of a comprehensive research programme for identify barriers to equal pay nor for addressing unequal pay, thus scoring a' 1\
At the Research Meeting in Addis Ababa, October 2004, it was confirmed that the absence of a Gender Focal Point should reduce the score wherever such GFP was required.
INVOLVEMENT OF CIVIL SOCIETY 1 Civil society is represented on the Commission for Employment Equity. But there arc no mechanisms for specific inclusion of women's sector. The various law reform processes were open to civil society participation.
This scores a 'I' as government is generally open to civil society participation, but more formal mechanisms could be established.
INFORMATION DISSEMINATION 1
The Government disseminates its statistical information on equal pay, and the Commission for Employment equity distributes its reports. We are not aware of any dissemination of information of women's rights in relation to unequal pay. Generally it has been noted that the Department of Labour is not good on reporting its progress on gender equity, and there are virtually no gender disaggregated statistics in its reports (Budlender, 2004).
This is not a comprehensive information dissemination process and scores a ' 1'.
MONITORING AND EVALUATION 1
The Act envisages systems of monitoring and evaluation of unequal pay by employers and by
government
Monitoring
Government monitors pay differentials in the Household surveys. Section 27 of the Employment Equity Act requires designated employers to include information on pay and benefits for workers in each occupation and level of the workforce when they report to the Department of Labour.
Evaluation.
The Act imposes methods of self-evaluation of pay differentials on the Employer. In addition, the government would be responsible for evaluating the impact of the Act on equity in the workplace.
A system of monitoring and evaluation of unequal pay is in place, although it is not clear that the system is used to its fullest ability to monitor the gender gap in pay, and not enough gender disaggregated statistics are published. This scores a ' 1'.
Centre for Applied Legal Studies ILO Conventions 159
University of the Witwatersrand
African Women's Progress Report Economic Power
South Africa