The Fair Pay Bill is aimed at eradicating salary discrimination and promoting pay transparency. The Bill has some way to go before being passed into law, but employers should take note of what can be expected.

Key provisions

The Fair Pay Bill, introduced to Parliament by Build One South Africa in June 2025, seeks to amend the Employment Equity Act 55 of 1998. The key provisions are as follows:

1. Prohibition on salary history

Employers will be prohibited from inquiring about or relying on a candidate’s past or current pay during recruitment, selection and appointment. The only exception is where, after an offer has been made, a candidate has made a written request that their previous remuneration be disclosed.

2. Pay range disclosure

All job advertisements, transfer or promotion listings will have to specify the salary or salary band up front, i.e. no reference to a “market-related” remuneration.

3. Right to discuss remuneration

Employees will be allowed to share and compare their remuneration details with other employees. Confidentiality clauses preventing such discussions will not be enforceable.

What happens next?

Parliament’s Legal Advisors are in the process of refining the Bill and preparing an explanatory memorandum, after which the Bill will be gazetted for public comment, followed by consideration by the Portfolio Committee on Employment and Labour. Finally, the Bill will be introduced in the National Assembly for deliberation, amendment (if necessary), and voting.

What should employer do?

While there are processes that still need to be followed, the key provisions outlined above are expected to remain largely unchanged. Employers may therefore begin aligning their employment practices accordingly.

We will keep our subscribers informed of any important developments.

For access to the Bill, see https://labourwise.co.za/wp-content/uploads/2025/08/Fair-Pay-Bill_2025.pdf

Disclaimer: The material above is provided for general information purposes only and does not constitute legal or professional advice. Neither the author nor the publisher accepts responsibility for any loss or damage that may arise from reliance on information contained in this article.