The Fair Pay Bill: What Employers and Employees Can Expect

Imagine applying for your dream job, only to be judged by your past payslip. For many South Africans, that’s been a reality — one that often keeps people stuck in the same pay brackets, no matter how much they’ve grown in skills or experience. The Fair Pay Bill, introduced in June 2025 by Build One South Africa (BOSA), aims to change that. If passed, it could reshape how salary conversations happen in workplaces across the country.

What Is the Fair Pay Bill?

 
The Fair Pay Bill is about fairness and transparency. It seeks to amend the Employment Equity Act by preventing employers from asking about a candidate’s previous salary during recruitment. The only exception is if the candidate chooses to ask after receiving an offer. This small but powerful change ensures that salaries are based on the role and the person’s merit — not on outdated earnings that may reflect inequality rather than value.

Another big change? Every job ad and internal opportunity will need to include a clear salary or salary range. No more vague promises of “competitive” or “market-related” pay. Candidates will know upfront what’s on the table, helping them make informed choices and removing guesswork from the hiring process.

The Bill also protects employees who want to talk about pay with their colleagues. By encouraging transparency, it helps shine a light on hidden pay gaps and fosters open dialogue about fairness.

Why It Matters

 
The Fair Pay Bill isn’t just another piece of policy — it’s a step toward reshaping workplace culture. For too long, salary history has perpetuated inequalities, particularly for women, young workers, and historically underrepresented groups. By breaking that cycle, the Bill paves the way for pay to reflect skills, experience, and contribution.

And it’s not just employees who stand to benefit. Transparent pay structures can be a game-changer for employers too. Companies that embrace fairness tend to attract top talent, improve employee trust, and build stronger, more motivated teams. In a global context where openness is increasingly valued, the Bill positions South Africa alongside international best practices in fair pay.

What Employers Should Do Now

 
Of course, the Bill is still making its way through the legislative process. It will go through public comment, committee reviews, and Parliament before becoming law. But forward-thinking employers don’t have to wait.

Now is the time to start removing salary history questions from interview templates, updating job ads to include salary ranges, and revising confidentiality clauses that restrict pay discussions. It’s also smart to review existing pay structures to ensure fairness and consistency across roles. Doing this work early not only avoids last-minute compliance scrambles but also shows leadership in creating inclusive, transparent workplaces.

Looking Ahead

 
The Fair Pay Bill goes beyond legislation — it’s about building a culture of fairness, respect, and transparency in South African workplaces. If passed, it will modernise recruitment, empower employees, and help close the gaps that have held too many people back.

At Chamlabour, we’re here to guide businesses through these changes. From updating recruitment policies to supporting pay audits and equity planning, we help employers stay compliant while creating positive, future-focused workplaces. Stay ahead of the curve, lead with fairness, and build a team culture where everyone feels valued.