Working women in SA still have a long way to go, but great strides have been made, says Kim Jurgensen, National Economic, Development and Labour Council (Nedlac) spokeswoman.
The 1956 Women’s March was remarkable for so many reasons. Imagine 20 000 women standing on the perfectly manicured gardens of the Union Buildings in complete silence for 30 minutes – surely one of the most powerful gestures of protest in our history.
What is equally remarkable is the amount of organisation the march took. It was at least partly due to a stunning example of social compacting that the march turned out to be such a success.
Because the partners and fathers and sons and brothers all had a role to play, had to support these brave women as they trekked from across the country to Pretoria.
While many women took their babies with them to the march, many more left their children at home in the care of the fathers.
Pamphlets needed to be distributed, signatures needed to be canvassed, money needed to be raised for transport and food, and men folk needed to step into the vacuum created by women in the running of households.
It was a spectacular show of camaraderie, but also of organised social compacting, where those who had historically been at the focus of campaigning had to step back and play a supportive role to those who had historically been behind the scenes.
This was certainly not the first time women had led key campaigns against the brutality and oppression of apartheid, but the sheer size and form of the 1956 march distinguished it from other campaigns and earned it a place as one of the seven political public holidays in the country.
This drive to address gender issues and the plight that women face in this country continued into democratic South Africa, first through the new Constitution and then through the formalisation of social dialogue as a key tool of democracy.
However, the struggle that women face is far from over. We continue to live in a patriarchal society where women face obstacles in the home, in the workplace and in society.
Nedlac has played a role in addressing some of these struggles through developing policies and legislation that at least provide a framework for protection of women.
“Gender outcomes in labour markets do not reflect natural or objective differences between men and women, but rather reflect the outcome of discrimination and disadvantage, and the behavioural reactions by workers and employers” – Guy Standing
Some of the key legislation finalised at Nedlac includes:
* Employment Equity Act
In South Africa, African women and black women in general are least likely to be in paid employment. And when they do find work, they are likely to earn less than their male colleagues. The Employment Equity Act was established to address this imbalance in the labour market, and compels workplaces to report on their gender and race statistics and to have plans for redress.
* Code of Good Practice on the Protection of Employees during Pregnancy and after the Birth of Her Child.
Why is this important? Well it means that if you fall pregnant your employer can no longer decide that you will be too much of a burden on the company and therefore dismiss you. This code protects women from being discriminated against for biology.
* Code of Good Practice on Sexual Harassment in the Workplace
Why is this important? It ensures that your 19-year-old niece has protection from her middle-aged boss at work. While most of us would like to believe we are morally committed to protecting young people, women particularly, at work, there are still unfortunately people (generally men) who abuse their power and make unwanted sexual advances on junior staff. And in a country with an unemployment rate of around 40% it is often too easy for managers to exploit desperate job seekers. But this code gives victims some measure of protection. All employers should ensure their staff are aware of this code and are trained in reporting and dealing with cases of sexual harassment.
* Code of Good Practice on Equal Pay for Work of Equal Value
Why is this important? This is part of South Africa’s commitment to International Labour Organisation (ILO) standards – the principle has been applied in many countries around the world. The gender pay gap in South Africa is around 15% - 17% which means in order to make the equivalent of male counterparts women need to work two extra months a year. The code compels HR managers to find these gaps and address them.
* Preferential Procurement Policy Framework Act
Why is this important? This framework states that public procurement must prioritise historically disadvantaged individuals, which includes black women. Because industries are dominated by big companies, it is hard for small and medium enterprises to get access to procurement. So this framework ensures that small companies are prioritised in public tenders. This gives women in small businesses the best chance to have access to public business.
* The Commission for Conciliation Mediation and Arbitration
The CCMA was established by the Nedlac social partners out of a recognition that existing legal measures to address workplace discrimination were inaccessible to many ordinary workers. The CCMA gives a voice to the lowest paid and most vulnerable workers – such as domestic workers – and empowers them to fight discrimination from employers. While even professional workers make use of the CCMA, the biggest potential beneficiaries are those at the bottom of the employment ladder - generally women.
Of course legislation and policy are not on their own a deterrent against exploitation in the workplace. A lot also depends on the willingness of employers to comply and , strength of workers to monitor the implementation of these laws, and the capacity of inspectors to check on workplaces.
Working women in this country still have a long way to go, but great strides have been made to lay the foundations of fair and equitable gender practices in the labour market.