The role of legislation in protecting women in the workplace

Written by Editor | Aug 29, 2024 12:10:16 PM

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.