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 National Minimum Wage Commission on the remuneration and benefits received in each occupational level of that employer's workforce. |
[Section 27(1) substituted by section 8(a) of Employment Equity Amendment Act 4 of 2022, Notice No. 3280, GG48418, dated 14 April 2023 - effective 1 January 2025 per Commencement Proclamation 231, GG51684 dated 28 November 2024]
| (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 and the national minimum wage set in terms of the National Minimum Wage Act, 2018 (Act No. 9 of 2018); |
| (c) | applying the norms and benchmarks set by the National Minimum Wage Commission; |
| (d) | relevant measures contained in skills development legislation; or |
| (e) | other measures that are appropriate in the circumstances. |
[Section 27(3) substituted by section 8(b) of Employment Equity Amendment Act 4 of 2022, Notice No. 3280, GG48418, dated 14 April 2023 - effective 1 January 2025 per Commencement Proclamation 231, GG51684 dated 28 November 2024]
| (4) | The National Minimum Wage Commission must research and investigate norms and benchmarks for proportionate income differentials and advise the Minister on appropriate measures for reducing disproportional differentials. |
[Section 27(4) substituted by section 8(b) of Employment Equity Amendment Act 4 of 2022, Notice No. 3280, GG48418, dated 14 April 2023 - effective 1 January 2025 per Commencement Proclamation 231, GG51684 dated 28 November 2024]
| (5) | The National Minimum Wage Commission may not disclose any information pertaining to individual employees or employers. |
[Section 27(5) substituted by section 8(b) of Employment Equity Amendment Act 4 of 2022, Notice No. 3280, GG48418, dated 14 April 2023 - effective 1 January 2025 per Commencement Proclamation 231, GG51684 dated 28 November 2024]
| (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. |