Employment Equity Act, 1998 (Act No. 55 of 1998)RegulationsEmployment Equity Regulations, 2014Work of Equal Value6. Assessing whether work is of equal value |
| (1) | In considering whether work is of equal value, the relevant jobs must be objectively assessed taking into account the following criteria: |
| (a) | the responsibility demanded of the work, including responsibility for people, finances and material; |
| (b) | the skills, qualifications, including prior learning and experience required to perform the work, whether formal or informal; |
| (c) | physical, mental and emotional effort required to perform the work; and |
| (d) | to the extent that it is relevant, the conditions under which work is performed, including physical environment, psychological conditions, time when and geographic location where the work is performed. |
| (2) | In addition to the criteria specified in subregulation (1) any other factor indicating the value of the work may be taken into account in evaluating work, provided the employer shows that the factor is relevant to assessing the value of the work. |
| (3) | The assessment undertaken in terms of subregulations (1) and (2) must be conducted in a manner that is free from bias on grounds of race, gender or disability, any other listed ground or any arbitrary ground that is prohibited in terms of section 6(1) of the Act . |
| (4) | Despite subregulations (1) and (2), an employer may justify the value assigned to an employee's work by reference to the classification of a relevant job in terms of a sectoral determination made by the Minister of Labour in terms of section 55 of the Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997) which applies to the employer. |