EMPLOYER'S GUIDE TO RECRUITMENT, SELECTION, EMPLOYMENT EQUITY & FAIR PAY BILL

As South Africa’s labour environment continues to evolve, employers are increasingly expected to lead with purpose by balancing operational needs with legal compliance, ethical recruitment and inclusive practices.

Recruitment and Advertisement:

Recruitment begins with how a role is advertised.

Employers should:

• Clearly state the requirements and responsibilities of the vacant position, avoiding vague or exclusionary language.

• Disclose salary ranges upfront, as proposed by the Fair Pay Bill, to promote transparency and reduce negotiation bias.

• Use inclusive language that welcomes diverse applicants, aligning with Employment Equity Act principles.

• Avoid asking for or relying on salary history, which the Fair Pay Bill seeks to prohibit during recruitment and selection.

Essential Elements for Vacant Position Advertisement

To ensure that the vacant position advertisement aligns with the Employment Equity Act, Labour Relations Act, and Basic Conditions of Employment Act, include the following:

Position - Specific Requirements

• Position title and summary: Clearly describe the role and its purpose.

• Key responsibilities: Outline core duties and expectations.

• Required qualifications: Specify education, certifications, and experience relevant to the role.

• Skills and competencies: Include technical and soft skills needed (e.g., communication, leadership, proficiency in specific tools).

• Language requirements: Only if essential for the role.

Employment Details

• Type of employment: Full-time, part-time, fixed-term contract, or temporary.

• Location: Where the position will be based.

• Working hours: Standard hours, shift work, or flexibility expectations.

• Salary range: Strongly recommended under the proposed Fair Pay Bill to promote transparency and reduce bias.

Application Process

• Closing date: Deadline for applications.

• How to apply: Email, online portal, or recruitment agency.

• Required documents: CV, qualifications, references, etc.

Avoid Discriminatory Language

Under the Employment Equity Act, vacant position advertisements must not include or imply bias based on:

• Race, gender, age, religion, disability, sexual orientation, or marital status

• Phrases like “young and energetic,” “mature,” or “female-only” unless part of a justified Employment Equity initiative

If the role is part of an Employment Equity plan, you may state: “Preference will be given to candidates from designated groups in line with our Employment Equity Plan.”

Interview Process and Due Diligence:

A structured, fair interview process is essential:

• Standardise interview questions to ensure consistency and avoid unconscious bias. Interview questions must be fair, non-discriminatory, and aligned with position requirements.

Below are compliant examples across various categories:

General and Role-Specific Questions

These assess position related competencies without infringing on personal rights:

• “Can you describe a time when you had to meet a tight deadline? What steps did you take?”

• “What experience do you have with (specific software/tool/process) relevant to this role?”

• “How do you prioritise tasks when managing multiple responsibilities?”

• “Tell us about a situation where you had to resolve a conflict in the workplace.”

These align with competency-based interviewing and the STAR method (Situation, Task, Action, Result), which promotes fairness and consistency.

Employment Equity and Fairness

Questions must not discriminate based on race, gender, religion, disability, or other protected grounds under the Employment Equity Act:

Avoid:

• “Do you plan to have children soon?”

• “What is your religious affiliation?”

• “Do you have any disabilities?”

Instead, ask:

• “Are you able to perform the essential functions of this role with or without reasonable accommodation?”

• “This role may require occasional travel or overtime, are you comfortable with that?”

These focus on position requirements, not personal circumstances.

Legal and Compliance Considerations

Employers may ask about legal eligibility and declarations, provided they respect privacy and POPIA:

• “Are you legally eligible to work in South Africa?”

• “Do you have any current contractual obligations or restraints of trade that may affect your ability to perform this role?”

• “Do you affirm that the information provided in your application is accurate and complete?”

These questions support due diligence while respecting candidate rights.

Disclosure and Conflict of Interest

To ensure transparency:

• “Do you have any family members currently employed by our organisation?”

• “Are you currently involved in any litigation that may impact your availability or performance?”

These must be handled sensitively and only used to assess potential conflicts, not to exclude candidates unfairly.

• Conduct panel interviews where possible to diversify perspectives.

• Document the process thoroughly for transparency and accountability.

• Perform due diligence through reference checks, qualification verification, and criminal record screening as appropriate for the role, always with the candidate’s consent and in line with POPIA (Protection of Personal Information Act).

• Candidates must complete a declaration of truthfulness, affirming the accuracy of their submissions.

• Employers must also consider litigation risks, restraints of trade, and regulatory requirements before finalising appointments.

Employment Equity Act and Deviation:

The Employment Equity Act (EEA) requires designated employers to:

• Eliminate unfair discrimination and implement affirmative action measures, must guide every stage from advertisement to appointment. Ensure that recruitment and selection processes reflect the demographics and diversity goals of the organisation.

• Submit employment equity plans and reports to the Department of Employment and Labour, by prioritising your employment equity plan it ensures that designated groups are fairly considered in line with the Employment Equity Act.

Deviation from these requirements is only permitted under specific circumstances, such as:

• Justifiable operational requirements.

• Temporary exemptions granted by the Department.

Employers must document and justify any deviations.

The Fair Pay Bill:

The proposed Fair Pay Bill (2025) introduces transformative measures:

• Prohibits salary history inquiries, reducing bias and promoting equal pay for equal work.

• Mandates salary range disclosure in vacant position advertisements and internal promotions.

• Encourages open salary discussions, challenging secrecy and enabling equity.

• Reinforces the principle of equal pay for work of equal value, supported by position grading and internal benchmarking.

Although not yet enacted, the Bill reflects a growing commitment to more equitable and transparent pay practices across the workplace.

When organisations integrate fairness, transparency, and equity into their recruitment and selection processes, they do more than meet legal obligations, they actively cultivate a workplace culture that is inclusive, fair and built on trust.