Business
SA’s Fair Pay Bill Could Change How You’re Hired in 2025
If you’ve ever been asked “What were you earning before?” in a job interview, you’ll know how tricky that question can be. But in 2025, South Africa might be rewriting the script completely, thanks to the new Fair Pay Bill tabled in Parliament this June.
This proposed law could shake up hiring across the country, enforcing salary transparency and banning the use of past salary history to set your next paycheck. Whether you’re a job seeker or an employer, this bill could change how you approach recruitment forever.
Say Goodbye to Salary History Questions
Under the new proposal, employers would be banned from asking about your previous earnings, unless they’ve already made a job offer and you choose to disclose it in writing.
The aim? To break cycles of unfair pay, particularly for women and previously disadvantaged candidates who’ve long been underpaid compared to peers with similar roles.
Legal experts at Cliffe Dekker Hofmeyr (CDH) say this change aligns with international trends and could help close South Africa’s persistent pay gaps.
Salary Ranges Must Be Disclosed Up Front
Another major clause in the Fair Pay Bill would force companies to state a salary or clear range when advertising a job, promoting someone internally, or transferring staff.
If you’ve ever gone through multiple interviews only to discover the salary is far below expectations, this change is designed for you.
No more guesswork. No more “competitive salary” black holes.
Talking About Pay Will No Longer Be Taboo
Although South Africans already technically have the right to discuss their pay, many contracts still include confidentiality clauses that discourage it.
This bill would explicitly outlaw such clauses, giving workers more freedom to talk openly about pay with colleagues and identify any unfair disparities.
Could This Make Life Harder for Small Businesses?
While the Fair Pay Bill promises greater fairness, it’s not without complications.
CDH warns that small businesses and industries with flexible roles, like freelance work or emerging tech jobs, may struggle to pin down fixed pay benchmarks.
They’re calling for the bill to include protections for small and micro enterprises to help them comply without being overwhelmed.
That said, companies would be allowed to advertise broad salary bands rather than pinpointed figures, giving some flexibility, especially in competitive sectors.
What It Means for Employers
If the bill becomes law, companies will need to overhaul how they recruit, advertise, and negotiate salaries.
HR departments will have to:
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Ditch questions about salary history
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List pay ranges in job ads
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Audit internal salary structures for fairness
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Train managers on compliant hiring practices
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Justify any legitimate differences in pay (e.g., skills, qualifications, experience)
CDH also recommends using benchmarking tools and compensation software to move away from outdated systems and make data-driven pay decisions.
Next Steps: When Could This Become Law?
The Fair Pay Bill is currently before the National Assembly and must still undergo:
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A legal review for compliance
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Publication in the Government Gazette for public comment
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Debate and revisions by the Portfolio Committee on Employment and Labour
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A formal vote in Parliament
Only then will it be passed into law.
So while it’s not official yet, it’s gaining traction, and both employers and job seekers would be wise to prepare.
A Cultural Shift in the Making
Public opinion is already buzzing on social media, with many praising the bill as a long-overdue move toward fairer hiring. Others are more cautious, worried it might create unintended burdens or disrupt salary competition.
But one thing’s clear: the days of secretive salaries and unequal pay are being challenged.
If passed, this bill won’t just be a legal change; it could be a cultural reset in how South Africans talk about money, work, and what they’re really worth.
Also read: Is South Africa’s Economy Turning a Corner? Here’s What Experts Say
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Source: Business Tech
Featured Image: iStock
