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BOSA introduces the Fair Pay Bill to end salary discrimination and promote equal opportunity

Note to editors: the following statement was delivered today at a press conference in Parliament hosted by Build One South Africa (BOSA). It was addressed by BOSA Leader, Mmusi Maimane MP, Deputy Leader, Nobuntu Hlazo-Webster MP, Member of the Gauteng Legislature, Ayanda Allie MPL, and Spokesperson, Roger Solomons. The Fair Pay Bill can be accessed here.

As South Africa prepares to mark Youth Day on Monday 16 June, Build One South Africa (BOSA) puts a spotlight on a significant but little discussed injustice facing our youth and previously disadvantaged communities: unequal and unfair pay and practices which exacerbate it.

Every year, thousands of graduates and job seekers enter a labour market that too often operates in an unfair manner against them. Despite being qualified, capable, and willing to work, young people in particular become trapped in cycles of underpayment, with little power to negotiate fair wages or challenge opaque hiring practices.

The odds are stacked in favour of the employer, who holds all the power in determining salary, often based on a candidate’s previous pay, or on lower pay than the individual is entitled to.

This imbalance perpetuates historical inequalities. Young people who are the first in their families to work white-collar jobs, black professionals, and women often start their careers earning less that their counterparts.

This is not a competence issue, rather it is due the system allows employers to exploit previous underpayment and first-time job application. When your salary history is used against you, past disadvantage becomes future injustice.

This is both an economic issue and a moral one. It goes to the heart of dignity and equality, two central values enshrined in sections 9 and 10 of our Constitution’s Bill of Rights.

Fair Pay Bill

That is why today, BOSA is proud to unveil the Fair Pay Bill. This legislative proposal seeks to amend the Employment Equity Act and bring fairness, transparency, and dignity to the South African job market.

The Bill seeks to outlaw the very mechanisms that entrench wage disparities and tilt the hiring process against some. Key aspects of the Bill are as follows:

Ending salary history discrimination: Employers will no longer be allowed to ask for or rely on your past payslip when applying for a job or when determining your salary. This common practice is one of the main drivers of ongoing wage inequality. The Bill ensures your pay is based on your value, putting an end to silent discrimination – be it gender, racial, age or geography.

Employer must declare salary rangeEvery job advertisement will be legally required to disclose a salary range. This means no more guessing games, and no more undervaluing yourself or lowballing just to land a job. Job seekers will know what the job is worth before they apply. This will level the playing field for all and give power back to the jobseeker.

Equal pay for equal work: The Bill strengthens existing anti-discrimination provisions, mandating that pay must be based on merit and not your race, gender, age, or where you come from. Skills, qualifications, and experience are rightly the central determining factors.

New right to discuss job offer with other employees: The bill grants every employee the right to discuss a job offer or the remuneration, or remuneration range, for a position with another employee.

Legislative Process

BOSA will officially table the Fair Pay Bill with the Speaker of the National Assembly today. This initiates a multi-step legislative process to ensure the Bill receives proper scrutiny and public input.

Firstly, referral to Parliament’s Legal Advisors. The Speaker will refer the Bill to the legal advisors for review. They will assist with:

    • Determining the correct tagging in terms of Section 75 or 76 of the Constitution,
    • Finalising the explanatory memorandum,
    • Ensuring legal compliance before it proceeds.

Secondly, gazetting for public comment. Once legally cleared, the Bill will be published in the Government Gazette, giving the public an opportunity to review and comment. This is a key part of public participation and legislative transparency.

Thirdly, engagement by Parliament’s Committee on Employment and Labour. BOSA representatives will appear before the Portfolio Committee on Employment and Labour to present and defend the Bill. This is where in-depth debates and technical scrutiny will take place.

Finally, formal tabling in the National Assembly. Once the committee stage is concluded, the Fair Pay Bill will be formally introduced in the National Assembly for deliberation, amendment (if necessary), and eventual voting.

This process ensures that the Bill is not only legally sound, but also shaped by public input and legislative oversight.

Fair Pay Campaign

BOSA recognises that passing this bill requires more than a parliamentary process. To give the bill the best chance of receiving adequate and meaningful attention by lawmakers, we are taking this issue beyond the walls of the National Assembly.

We are excited to announce that BOSA will run a Fair Pay Campaign that will roll out across the country over the coming weeks. Our goal is to garner support, animate the public, and champion the cause of young people this Youth Month and beyond through:

  • A nationwide petition: We’re calling on every South African to sign and support the petition to get this bill over the line. The petition will run online and by BOSA activists and affiliates in communities across the country.
  • Roundtables with affected people: From university campuses to tech hubs, we’ll be hosting in-person and virtual dialogues with young professionals to shape and refine the movement and get their voices and their buy-in.
  • Town Hall Meetings: In cities, townships, and rural areas, BOSA leaders will engage directly with communities about the issues of wage justice and economic fairness.
  • Lobbying: We will be canvassing every MP on Parliament’s Employment and Labour Committee to support the bill when it comes to Committee.
  • Podcasts and video explainers: We’ll release a series of conversations featuring young job seekers, students, career coaches, and recruiters to unpack the issues and the solutions in an accessible manner.

The Fair Pay Bill is not just about salaries. It’s about restoring dignity, promoting economic justice, and building a country where no one is punished for where they come from or what they earned before.

BOSA invites every citizen, civil society group, and employer of conscience to join us in this fight. Let’s build a South Africa where what you’re paid reflects what you’re worth.

 

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