Why South African recruiters could be criminals in America.

South African Recruiters Criminals

New York City has banned job adverts without pay. Employers who advertise vacancies without disclosing a salary range face hefty penalties. Massachusettes prevents employers from asking pay-related questions until they have made an offer. Payslips being shared among employers is taboo in the US, but not in South Africa.

PaySlipBanSA is calling on President Cyril Ramaphosa and Minister of Labour, Thulas Nxesi to take action against the Competition Commission SA, SABPP, Petra Diamonds and recruitment firms Kelly, People Solved, Nurturing Futures, O’Brien and Callforce.

Rival Employer Pay is Confidential

The Constitution, labour legislation and Competition Act enshrine fair labour markets.

If employers poach and don’t compete for talent, we experience severe malfunctioning and inefficiency such as income inequality. Now we already know income inequality is a serious problem for South Africa, statistics show black people and women experience wage discrimination and are paid less for comparative work.

Please sign our petition

PaySlipBanSA has evidence connecting unlawful recruitment conduct to an Unconstitutional labour market.

Prosecute Anti-Competition

Firms extort rival employer wage information from job applicants when demanding pay slips.

This is anti-competition and an abusive act of intimidation our Presidency should be vehemently opposed to.

Inequality South Africa

Shamefully, leaders in South Africa’s Human Resources community, the SA Board for Peoples Practices, publicly endorses anti-competition. They condone using rival pay slips to price-fix people.

SABPP reflects firms that don’t operate according to lawful compensation policies.

SABPP makes lofty claims about an international status, we confirmed that in the US at least, they would be banned.

We asked the Quora community to school us on pay-slip sharing.

I’m a recruiter and I’m aware of the employment laws in the US where I work. I have never once in my career “…demanded rival employer pay slips from job seekers.” It is my profession so I’m current on what is required of me and my team. Employers are not permitted to ask for a candidates previous salary because doing so furthers the wage gap. It is illegal in some states including Massachusetts.

Leah Roth

Any work wages an employee was paid by a former company is not the legal business of any hiring company, unless the applicant voluntarily provides this information. [Even if the applicant provided the info voluntarily, I would not recommend even looking at it or accepting the information.] A practice of required access to this WAGE information before hiring and establishing a subsequent paid wage rate for the new hire is definitely frowned upon by the US DOL and demonstrates “an attempt to set employee wages in the current market by an act of active conspiratorial activity (requiring past wage slips before hire) in the marketplace” (thus potentially violating US ANTI TRUST LAW) and this activity “appears to look like an attempt to set market wages” between companies, even if it is not the intention. Intentional or unintentional is not the issue. The act of violating or demonstrating or attempting to violate an ANTI TRUST law is illegal. [Definitely not worth the legal RISK.] Check with your company RISK MANAGER or legal team. [HR DIRECTOR]

Jim Burgess

I have no idea where you got this idea. Whatever your current or previous employer paid you is proprietary and competition-sensitive data. You may be under a signed Non-disclosure Agreement that prevents you from giving that information to another company. If you’re not under an NDA, you should still treat the information about your prior salary as if you are. No employer has a need to know what your previous employer paid you. That information belongs to your previous employer.

Ron Wiseman

No. Of course not. And through twenty years of working in HR I never heard of a company which did. I never heard of any company who would ask that for any reason, except financial firms to which you had applied for a loan. They are going to want your previous tax returns too, of course. That’s just risk management. But a prospective employer? Nuts!

Lesa Osborne






leonie hall

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