Protection of Businesses Act, 1978
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]
