Women’s labour rights must be protected. Here’s why:

By: Tyesha Pillay,

Since 1994, Worker’s Day is annually celebrated on the 1^st of May. This day serves as an opportunity to both reflect on the sacrifices made towards achieving fair employment standards and to celebrate the major strides made towards worker’s rights. As we rejoice in 29 years of advancement in labour rights, it is imperative that we also commend the impressive advances made regarding women’s labour rights on a formal/institutional level.

The democratisation of the country, coupled with the need to rectify past atrocities (mainly racial and gender discrimination) – resulted in a progressive Constitution that put non-discrimination at its centre. As such, women and their rights were one of several focal points on the political agenda. Similar to most of her international counterparts, the South African government recognised that women form an integral part of a country’s workforce and economy. Through the formulation of numerous pieces of legislation and structures, a range of laws were implemented to protect and further the interests of women.

However, almost three decades later, despite these advancements, the reality on the ground remains grim. While it is true that in comparison to years before jobs are now more accessible to women and that there is a notable increase in women’s participation in the labour force, barriers towards equal opportunity and equal treatment persist. As such, women are presented with additional challenges that hinder their ability to access employment in certain sectors and/or actively, efficiently and safely participate in the workforce. Examples of this are discussed below.

The current state of the female workforce

One of the goals making up the 2030 Agenda for Sustainable Development is ‘decent work’. According to the International Labour Organisation (ILO) (2023), decent work comprises work opportunities that are productive and allows for equal opportunity for men and women, fair income, social protection, freedom to express opinions and the ability to participate in decisions that affect one’s personal life.

However, in South Africa, a decent work deficit exists – particularly concerning women. Here, the feminisation of the labour force coincides with the increased participation of women in underpaid and/or insecure forms of employment. In comparison to their male counterparts, employed women are often in positions characterised by difficult working conditions, lower productivity, lack of opportunities, inadequate earnings and lack of benefits/social protection. This has translated into what has been coined ‘occupational segregation’.

At the cornerstone of this occupational segregation is wage disparity. Women face a wage penalty, whereby they earn less than their male counterparts, and in some circumstances, even when occupying the same position. In 2018, Statistics South Africa noted that a woman earns R75 for every R100 earned by a man. This is attributed to this occupational segregation, whereby a significant portion of men occupy higher-paying positions/jobs in higher-paying sectors. In 2022, Statistics South Africa revealed that South African women were greatly overrepresented among low-paying/underpaid jobs such as elementary, domestic workers, technicians and clerks. At the same time, the largest underrepresentation of women was evident among mid-paying jobs, and top managerial positions, with only 5.8% of women occupying these positions, while employed men occupied 9.8% of managerial positions. Moreover, a study by Casaele et al. shows that even within the same occupational category, women are susceptible to being employed at a ‘lower grade’, due to gender norms and family commitments [i.e. their commitment to unpaid labour].

Second, in comparison to their male colleagues, employed women were found to have less access to social protection/benefits. In their 2021 study, Statistics South Africa estimated that 75.0% of employees were entitled to sick leave. However, this proportion was lower among women (73.3%), while 76.4% of men were entitled to sick leave. Second, despite the Employment Act stating that women are entitled to maternity leave and the physical/psychological pressure women experience during pregnancy, Stats SA found that the proportion of men entitled (89.0%) to paternity leave was higher than the proportion of women entitled to maternity leave (76.8%). It was also shown, that women are less likely to have employers contributing to their pension fund.

Given these statistics above, it is evident that the South African labour market is less favourable to women. Thus, this must be addressed to avoid female isolation, specifically given the peculiar role they play in South Africa’s socio-economic realm.

The importance of protecting women’s labour rights

Acknowledging and protecting women’s labour rights can stimulate socio-economic growth. The reasoning behind this is three-fold.

Firstly, protecting women’s labour rights allows for economies to grow. Studies by the International Monetary Fund (2013), show that equal opportunities have a positive impact on national competitiveness, per capita income, economic development and gross domestic profit. Moreover, the protection of women’s labour rights promotes economic diversification. This diversification is vital to produce sustainable and stable economic growth and increase resilience to external shocks.

Secondly, women play a major role in curtailing long-term poverty across generations, specifically in South Africa. Statista (2021) noted that as of 2021, approximately 42% of households in the country were female-headed. Given a range of factors, particularly gender discrimination and lower-paying jobs, female-headed households are often predisposed to income poverty. Protecting women’s labour rights and their participation in the workforce allows for economic empowerment – enabling women to increase their access to economic resources. Thus, playing a crucial role in diminishing poverty. According to a report published by the World Bank (2023), this relationship between poverty reduction and women empowerment is evident in Latin America, whereby, women in the labour force are credited for the 30% decline in poverty rates in 10 years. Given the historical, economic and demographic similarities between South African and Latin American countries, it is possible that protecting women’s labour rights could result in similar results.

Moreover, employed women are more likely to reinvest their income into the education, nutrition and health of children. This has a multiplier effect whereby families become better educated, more economically stable and healthier. In turn, suggesting that protecting women’s labour rights is critical in ensuring sustainability across various spectrums.

Third, not only is protecting women’s labour rights economically viable, it is emotionally and mentally imperative to a woman’s well-being. Women’s labour rights allow them to be in control of their freedom, make decisions that benefit themselves and express their opinions.

The way forward

While the challenges facing the female workforce and labour rights seem daunting, progress towards addressing these challenges can be made. For example, (1) more focus needs to be placed by policy practitioners and employers on generating quality work for women, (2) educational intuitions and governments must encourage women to begin a career in industries outside of historically female-dominated professions and (3) collaborative discussions with women at the grassroots are needed to ensure that their voices/concerns are heard.

Conclusion

In conclusion, South Africa should be commended for its advancement of women labour rights. However, this advancement is not without its challenges. The statistics presented above are points of concern and these gaps need to be addressed to improve the socio-economic reality of the country and to ensure that women are not isolated from the labour force.

Tyesha Pillay is a communications strategist at the DDP and writes in her personal capacity.