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Gender Diversity in The Workplace
Legal Matters - The Role of Legislation in Protecting Women in The Workplace
By Jessie Taylor
South Africa has robust legislation that aims to recognise and protect the rights of female employees while creating a framework for fairness and equality. The country's labour laws spell out a comprehensive set of rights to all employees, irrespective of gender.
Legal Protection in The Workplace
This ensures that women, like their male counterparts, are entitled to fair labour practices, such as the right to equal pay for equal work. The principle of equal remuneration for work of equal value aims to bridge gender-based pay gaps.
Women are also protected by the Basic Conditions of Employment Act and the Labour Relations Act, which protects against unfair discrimination due to pregnancy, ensuring job security during maternity leave and the right to return to the same or a comparable position after maternity leave. South Africa's labour laws strongly emphasise the importance of a work environment free from discrimination and harassment.
This means that women, like all employees, have the right to work in an environment that is free from unfair discrimination based on gender and any form of harassment, including sexual harassment.
Under the Occupational Health and Safety Act, employers are also mandated to create a safe work environment without risks to their employees' health. This includes considerations for pregnant and breastfeeding employees.
In addition to legislation protecting women in the workplace, South Africa's laws also aim to foster an inclusive and diverse work environment and address historical gender imbalances. Employment Equity legislation encourages employers to implement affirmative action measures to redress disadvantages in the workplace. This involves ensuring that suitably qualified and experienced women have equal opportunities for employment and advancement.
The Need For Continued Gender Transformation
While women are legally protected in the workplace, transformation is still needed. South African women earned, on average, R72.44 to every R100.00 earned by men in 2021. In addition, men are more likely to be in paid employment than women, regardless of race, while women are more likely than men to be doing unpaid work.
Women account for around 43% of the workforce despite making up more than half of the country’s population. Women are also more likely to be without work. The unemployment rate among South African women is 37%, compared to 32% in men. In addition, women are less likely to hold leadership positions. Based on PwC South Africa's 2022 executive directors’ report, only 15% (84 women) of JSE executive positions are filled by women.
These gaps exist despite the constitutional imperative for gender transformation in the workplace. A Commission for Gender Equality study found that most companies are ignorant of national and regional treaties and commitments to gender equality. In addition, the findings revealed that employment equity plans and sexual harassment policies are often developed but not implemented.
Women still face the inequalities associated with child care and household work which restrict opportunities and impact on career possibilities for women.
Key Laws Protecting Women in The Workplace
The Labour Relations Act protects women against dismissal due to pregnancy
The Employment Equity Act protects employees from unfair discrimination based on gender, sex, pregnancy, marital status, family responsibility or any other arbitrary grounds.
The Employment Equity Act also provides equal pay for work with an equal value principle. The equal pay principle addresses a specific aspect of workplace discrimination and the undervaluing of work based on, among others, gender and sex.
The Basic Conditions of Employment Act states that an employee has a right to at least four consecutive months’ unpaid maternity leave. The Unemployment Insurance Act provides for the payment of maternity benefits.
The Basic Conditions of Employment Act also provides protection to employees before and after the birth of a child by preventing female employees from carrying out work that is hazardous to their health or the health of their child during this period.
The Basic Conditions of Employment Act specifies that employees are entitled to three days of paid leave, which an employee can take when the employee’s child is born or sick or on the death of a loved one.
