Employment Equity Act, 1998 (Act No. 55 of 1998)RegulationsEmployment Equity Regulations, 2025Equal Pay for Work of Equal Value7. Factors justifying differentiation in terms and conditions of employment |
| (1) | If employees perform work that is of equal value, a difference in terms and conditions of employment, including remuneration, is not unfair discrimination if the difference is fair and rational and is based on any one or a combination of the following grounds: |
| (a) | the individuals’ respective seniority or length of service; |
| (b) | the individuals’ respective qualifications, ability, competence or potential above the minimum acceptable levels required for the performance of the job; |
| (c) | the individuals’ respective performance, quantity or quality of work, provided that employees are equally subject to the employer’s performance evaluation system, that the performance evaluation system is consistently applied; |
| (d) | where an employee is demoted as a result of organisational restructuring or for any other legitimate reason without a reduction in pay and fixing the employee’s salary at this level until the remuneration of employees in the same job category reaches this level; |
| (e) | where an individual is employed temporarily in a position for purposes of gaining experience or training and as a result receives different remuneration or enjoys different terms and conditions of employment; |
| (f) | the existence of a shortage of relevant skill, or the market value in a particular job classification; and |
| (g) | any other relevant factor that is not unfairly discriminatory in terms of section 6(1) of the Act. |
| (2) | A differentiation in terms and conditions of employment based on one or more grounds listed in sub-regulation (1) will be fair and rational if it is established, in accordance with section 11 of the Act, that— |
| (a) | its application is not biased against an employee or group of employees based on race, gender or disability or any other ground listed in section 6(1) of the Act; and |
| (b) | it is applied in a proportionate manner. |