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South Africa Employment Law

We summarise below our most topical employment topics. We discuss options regarding contracting of services, how to deal with ill-health in the workplace, discipline management and retrenchments. Please contact us should you need more information or advice on these issues.

The employment relationship in South Africa is primarily regulated by contract. However, several pieces of legislation seek to protect and provide certain minimum benefits to an employee. The main pieces of employment legislation are: the Basic Conditions of Employment Act, 1997 (“BCEA”), the Labour Relations Act, 1995 (“the LRA”); the Employment Equity Act, 1998; the Compensation for Occupational Injuries and Diseases Act,1993; Occupational Health and Safety Act, 199; Skills Development Act,1998; Skills Development Levies Act, 1999; the Unemployment Insurance Act, 2001 and the National Minimum Wage Act, 2018. You can access the legislation from the Department of Labour’s website http://www.labour.gov.za/DocumentCenter/Pages/Acts.aspx

The BCEA provides for minimum terms and conditions of employment, which apply to all employers and employees, subject to certain limited exceptions. As a general rule, an individual contract of employment may not prescribe terms and conditions of employment that are less favourable than those in the BCEA. However, an employer and employee may agree to terms and conditions that are more favourable to the employee.