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Equal pay for work of equal value

3rd February 2011

By: Sapa

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A new clause should be added to labour law stipulating "equal pay for work of equal value", a labour department official said in Kimberley on Thursday.


"We propose a new clause to deal with unfair discrimination by employers in respect of employees doing the same work, similar work or work of equal value," director of employment equity Ntsoaki Mamashela said in a statement following public consultations on proposed labour law amendments.

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"Differences in pay and conditions of work between employees performing the same work will amount to unfair labour practice, unless the employer can justify the rationale thereof relating to experience, skill, responsibility and qualification."


The proposed changes were aimed at ensuring the department complied with the International Labour Organisation's standards.

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"We also want to give effect to human rights element that is being promoted by the country's Constitution and close gaps in our labour legislation" she said.


Another amendment proposed was to provide for lower-paid employees who needed to refer a dispute concerning discrimination, including equal pay claims, to the Commission for Conciliation, Mediation and Arbitration for arbitration, instead of to the labour court.


Amendments to some labour laws were published in December. These included the regulation of contract work and labour broking.


The public hearings were considering amendments to the Basic Conditions of Employment Act, the Employment Equity Act, the Labour Relations Act and the Employment Services Bill.


An Employment Services Bill would be published at the same time as the amendments.


The hearings are being held across the country. Proposed amendments will be tabled for discussion at the National Economic Development and Labour Council. The deadline for public comments is February 17.
 

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