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Employment Equity Act, 1998 (Act No. 55 of 1998)

Chapter III : Affirmative Action

27. 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]