South Africa’s labour landscape is poised for a transformative shift with the proposed Fair Pay Bill — spearheaded by Build One South Africa (BOSA) to end salary discrimination that uses outdated practices like requesting applicants’ past pay and opacity in job offers.
Key Provisions of the Fair Pay Bill:
Based on recent insights and legal analysis:
- Ban on Salary History Queries
Employers will not be allowed to ask about or relying on a candidate’s previous salary during hiring or job offers. This tackles a root cause of wage inequality, where past underpayment is perpetuated into future roles - Salary Transparency
Every job posting must include a clear salary range. Doing so empowers applicants to make informed decisions and prevents under-valuing of candidates based on arbitrary or biased benchmarks. - Equal Pay for Equal Work
The Bill strengthens existing anti-discrimination rules, mandating remuneration based on skills, experience, and qualifications — never on race, gender, or socioeconomic background. - Right to Discuss Remuneration
Employees will have a legal right to talk openly about job offers and salary ranges with colleagues — promoting transparency and collective empowerment in the workplace.
The Bill was officially tabled in mid-June 2025, ahead of Youth Day, by BOSA leader Mmusi Maimane MP.
BOSA is running a nationwide campaign—including petitions, roundtables, and public dialogues—to build momentum
What HR and Payroll Professionals Should Know
If the Bill becomes law, HR and payroll teams must prepare to:
- Eliminate salary history questions from all recruitment processes;
- Update job adverts with clear pay bands;
- Train hiring managers on merit-based salary setting; and
- Encourage open pay communication among staff.
The Fair Pay Bill aims to break cycles of historic disadvantage and finally align South African labour practices with constitutional values of equality and dignity. For HR professionals, employers, and workers, keeping a close eye on its progress—and preparing to comply—will be crucial in the months ahead.
