Pan Africanist Congress (PAC)
PAC Perspective -Employment Equity Bill [B60-98]

Introduction
The Pan Africanist Congress Of Azania supports the introduction of the Employment Equity Bill. We believe it is the beginning of the process of redressing the legacy of discrimination and inequality created by the previous regime by denying economic development to the majority of the people of this Country.

For those seriously committed to transformation, the need for change is a not negotiable. Change cannot just occur merely by repealing existing discriminatory legislation from our statute books. It is our belief that we need a comprehensive approach to the elimination of all forms of discrimination in our Country by putting in place positive measurers to overcome inequalities in the labour market.

It is our belief that in promoting good governance, the culture of non-racialism and respect for human rights outlined in the constitution, we must promote change of organizational culture, democratization of decision making and involvement of workers in transforming our workplaces.

PAC supports the strategy outlined in the bill confident that it will provide a chance for a fundamental change in existing labour practice. We believe this piece of legislation is long over due. However, we do not believe it is ideal or that it goes far enough in its present form.

The PAC suggests the following issues be addressed:

Wage Differential
The Bill does not proceed sufficiently in addressing the gaping wage differential experienced nationally. The existing estimated wage differential in the private sector is said to be 100:1. It is essential that this differential be reduced and that efforts be made to move toward decreasing this gap. We feel that a significant step in that direction may be made by including this in the employers Employment Equity Plan.

As the Bill stands at present, it does not require that the employer include means for addressing unfair discrimination in relation to a wage differential' in the employers Employment Equity Plan.

Minimum Wage
During the public debate around the Bill their has been little mention of a Minimum National Wage. The establishment of a minimum wage is an internationally accepted practice. It provides a means for ensuring a minimum standard of living while simultaneously limiting the potential for exploitation.
The current poverty line is at approx. R 10 000/annum. Calculated to an hourly rate this amounts to R5 .20/hr. To suggest this as minimum hourly wage would ensure that every working South African would be able to meet his/her basic needs.

Black Women
The PAC is committed to the eradication of poverty. Black Women suffer a compounded form of discrimination, while forming the bulk of the unemployed. Accompanied by the fact that Black women make up the majority of the poor we find it necessary to distinguish them as a separate category. This would bring the number of designated groups to 4.

Definition of Family
The Bill defines family in a Euro-centric manner that considers only the immediate nuclear family. African tradition however dictates otherwise. The African concept of family is broader than the immediate children parents and spouse. It is necessary that the Bill recognize this aspect of African culture and be adjusted accordingly.

HIV/AIDS Testing
Here our primary concerns are:
·that HIV/AIDS be included in the consideration of disabilities and
·that pre-employment HIV/AIDS testing be made unlawful

An additional concern is that for domestic workers who are often tested for HIV/AIDS without their knowledge.

Thus, providing further impetus for rendering pre-employment or employment related HIV/AIDS testing unlawful unless:
· it has a direct impact on the work done by the employee and
· it is done with the full knowledge of the employee, and with his/her consent

In addition to this, the results of a test may not be used as grounds for terminating employment, unless it can be proven that the employees infection may compromise his/her ability to perform his/her duties.

Suggested Amendments
· Section One - Definitions
· "designated groups": to read "means black people, women, black women and people with disabilities"
· "family responsibility" :to read" .. member of their immediate and extended family ...."
· "people with disabilities":
to read "means
a) people who have a long-term or recurring physical or mental impairment, which substantially limits their prospects of entry into or advancement in employment and
b) people who have contracted the AIDS virus or who are HIV positive
"pregnancy" to read: means any medical circumstances related to pregnancy
and the potential to become or intention of becoming pregnant

Wage Differential
· Section 6.... to add 6(4)(d) in the Employment Equity Plan Section 15 (2).... to add 15(2)(e) measures for reducing the wage differential

Medical Testing
· Section 7.... to add 7(2)(a) HIV/Aids testing may be carried out only:
- subsequent to an offer of employment
- with the express permission of the employee
if it is relevant in terms of employment conditions, the fair distribution of employee benefits or the inherent requirement of a job

Minimum Wage
To include new chapter:
Chapter IV
NATIONAL MINIMUM WAGE
27 (1) The national minimum wage is R5.50 per hour.
(2) This is the minimum amount payable to any individual in full-time or part-time employment.

And to renumber the following paragraphs accordingly