Share a small victory! I’m an activist fighting unscrupulous recruiters asking for payslips. Ethical businesses and the general public can celebrate a public protector showing intellectual grit. South Africa can expect the Public Protector to thoroughly investigate unfair recruitment practices contravening the Constitution and Competition Act.
Are you concerned about losing your talent investment to a lawbreaking competitor? Or are you an applicant and been asked ‘cost to company,’ for your payslip so your pay can be price-fixed?
Everybody Entitled to Fair Labour Practice
The Constitution is the highest law of the land and section 23.1 has particular meaning for everyone.
‘Fair practice’ is firmly on our side.
The argument against unbounded sharing of confidential competitive information is one affecting employers and job applicants.
There are many employers who advertise fairly, they include pay information in job ads and don’t request payslips. But there are others, and it’s these that the legislation must protect us from.
Fair competition for talent
Send your payslip! – if you want to know how much I’m paid, call the company and ask yourself!
The legislation is clear. As it is a labour process, recruitment must conform to ‘fairness.’
The market competes for talent, rival firms wage war against each other for top recruits. This stimulates the labour market and can positively drive wages up – which is why certain firms want us to believe that being unfair is legitimate.
Workers and Employers deserve fairness
The Competition Act refers to an open, accessible economy serving the interests of workers, employers and consumers.
Stifling wages and reducing a competition for talent is both unethical and unlawful.
The sharing of confidential remuneration allows firms to out compete rivals.
Using payslips to establish an offer to an applicant is price-fixing, report firms asking for this information. Firms willing to share this information are potentially subscribing to a cartel. Firms who agree to this sharing are complicit in a price-fixed wage model.