For many years, it has been standard practice in South Africa for employers and recruitment agencies to request salary slips from job applicants during the recruitment process. Employers typically use this information to verify a candidate’s earnings and to benchmark salary offers.
At present, there is no South African legislation that prohibits an employer from requesting salary slips from prospective employees. Neither the Labour Relations Act, the Basic Conditions of Employment Act, nor the Employment Equity Act currently prevents this practice. Employers may therefore lawfully request salary information during recruitment processes.
However, while requesting salary slips is currently lawful, employers must still comply with the provisions of the Protection of Personal Information Act (“POPIA”). Salary slips contain personal information such as remuneration details, identity information and employer details. Employers should therefore ensure that:
- The candidate gives informed consent before the information is collected;
- The information is collected for a lawful and specific recruitment purpose;
- The information is securely stored;
- Access is restricted to authorised persons only; and
- The information is not retained longer than necessary.
Employers who fail to comply with POPIA may expose themselves to complaints to the Information Regulator and potential reputational harm.
A significant development in this area is the proposed Fair Pay Bill, introduced to Parliament in 2025. If the Bill is passed into law, employers may no longer be permitted to request or rely on salary history during recruitment and selection processes. The proposed legislation also aims to require employers to disclose salary ranges in job advertisements and strengthens equal pay principles in the workplace.
Supporters of the Bill argue that reliance on salary history may perpetuate historical pay inequality, particularly where employees have been underpaid for extended periods. Critics of the proposed changes, however, argue that salary verification remains an important integrity and benchmarking tool for employers.
Although the Bill has not yet been enacted, employers are encouraged to start reviewing their recruitment practices and policies in anticipation of possible legislative changes. This includes:
- Reviewing recruitment and remuneration practices;
- Auditing POPIA compliance relating to candidate information;
- Training hiring managers on proposed legislative developments; and
- Considering alternative market-based salary benchmarking methods.
The proposed changes may significantly impact recruitment practices in South Africa in the near future. Employers are therefore advised to remain informed and to seek professional labour law advice when reviewing their recruitment and remuneration policies.