Manpower Training Act, 1981
R 385
Employment Equity Act, 1998 (Act No. 55 of 1998)Chapter III : Affirmative Action27. Income differentials and discrimination |
(1) | Every designated employer, when reporting in terms of section 21(1), must submit a statement, as prescribed, to the Employment Conditions Commission established by section 59 of the Basic Conditions of Employment Act, on the remuneration and benefits received in each occupational level of that employer's workforce. |
[Subsection (1) amended by section 12(b) of Act No. 47 of 2013]
(2) | Where disproportionate income differentials, or unfair discrimination by virtue of a difference in terms and conditions of employment contemplated in section 6(4), are reflected in the statement contemplated in subsection (1), a designated employer must take measures to progressively reduce such differentials subject to such guidance as may be given by the Minister as contemplated in subsection (4). |
[Subsection (2) amended by section 12(b) of Act No. 47 of 2013]
(3) | The measures referred to in subsection (2) may include— |
(a) | collective bargaining; |
(b) | compliance with sectoral determinations made by the Minister in terms of section 51 of the Basic Conditions of Employment Act; |
(c) | applying the norms and benchmarks set by the Employment Conditions Commission; |
(d) | relevant measures contained in skills development legislation; |
(e) | other measures that are appropriate in the circumstances. |
(4) | The Employment Conditions Commission must research and investigate norms and benchmarks for proportionate income differentials and advise the Minister on appropriate measures for reducing disproportional differentials. |
(5) | The Employment Conditions Commission may not disclose any information pertaining to individual employees or employers. |
(6) | Parties to a collective bargaining process may request the information contained in the statement contemplated in subsection (1) for collective bargaining purposes subject to section 16(4) and (5) of the Labour Relations Act. |
[Section 27 amended by section 12 of Act No. 47 of 2013]