South Africa Hiring Reviewer Checklist

Companies Act section 23(2), as substituted in 2011, treats a foreign company that is a party to one or more employment contracts in South Africa as conducting business there.

"(2) For the purposes of subsection (1), and the definition of "external company" as set out in section I, a foreign company [is not to] must be regarded as "conducting business. or non-profit activities, as the case may be, within the Republic"[, unless] if that foreign company- [is engaged in, or has engaged in, one or mOre of the following activities within the Republic:] (a) is a party to one or more employment contracts within the Republic; or (b) subject to subsection (2A), is engaging in a course of conduct, or has engaged in a course or pattern of activities within the Republic over a period of at least six months, such as would lead a person to reasonably conclude that the company intended to continually engage in business or non-profit activities within the Republic.

See Companies Amendment Act 3 of 2011, s. 15(b), substituting Companies Act 71 of 2008, s. 23(2); Government Gazette 34243; retrieved 13 October 2026. Words in square brackets are deletions shown in the amending Act.

Companies Act section 23(1) requires an external company to register with the Commission within 20 business days after it first begins to conduct business in South Africa.

23. (1) An external company must register with the Commission within 20 business days after it first begins to conduct business, or non-profit activities, as the case may be, within the Republic— (a) as an external non-profit company if, within the jurisdiction in which it was incorporated, it meets legislative or definitional requirements that are comparable to the legislative or definitional requirements of a non-profit company incorporated under this Act; or (b) as an external profit company, if, within the jurisdiction in which it was incorporated, it meets legislative or definitional requirements that are comparable to the legislative or definitional requirements of a profit company incorporated under this Act.

See Companies Act 71 of 2008, s. 23(1), original text; Government Gazette 32121; retrieved 13 October 2026. Paragraph (b) was later substituted by the Companies Amendment Act 3 of 2011; the 20-business-day period is unchanged.

Companies Act section 23(3) requires every company or external company to maintain at least one office in South Africa continuously and register its address.

(3) Each company or external company must— (a) continuously maintain at least one office in the Republic; and (b) register the address of its office, or its principal office if it has more than one office— (i) initially in the case of— (aa) a company, by providing the required information on its Notice of Incorporation; or (bb) an external company, by providing the required information when filing its registration in terms of subsection (1); and (ii) subsequently, by filing a notice of change of registered office, together with the prescribed fee.

See Companies Act 71 of 2008, s. 23(3); Government Gazette 32121; retrieved 13 October 2026.

Original particulars include occupation/work description, workplace(s) and commencement.

An employer must supply an employee, when the emPloYee commences employment, with the following particulars in writing— (u) the full name and address of the employer; 30 (b) the name and occupation of the employee. or a brief description of the work for which the employee is employed; (c) the place of work, and. where the employee is required or permitted to work at various places. an indication of this; (d) the date on which the employment began; 35

See BCEA, s. 29(1)(a)–(d), original Gazette 18491, printed p. 28.

Original BCEA section 28(1) excludes employment under 24 hours per month from Chapter Four.

28. (1) This Chapter does not apply to an employee who works less than 24 hours a month for an employer.

See BCEA, s. 28(1), original Gazette 18491, printed p. 28.

The Labour Relations Amendment Act 6 of 2014 extends the section 200A presumption to any employment law and section 98A of the Insolvency Act.

39. Section 200A of the principal Act is hereby amended by the substitution for subsection (1) for the words preceding paragraph (a) of the following words: ‘‘Until the contrary is proved, for the purposes of this Act, any employment law and 35 section 98A of the Insolvency Act, 1936 (Act No. 24 of 1936), a person who works for, or renders services to, any other person is presumed, regardless of the form of the contract, to be an employee, if any one or more of the following factors are present:’’.

See Labour Relations Amendment Act 6 of 2014, s. 39, substituting the opening words of Labour Relations Act s. 200A(1); Government Gazette 37921, 18 August 2014; retrieved 13 October 2026.

Labour Relations Act section 200A presumes a person who works for or renders services to another to be an employee if any listed factor is present, and does not apply above the BCEA section 6(3) threshold.

200A. ( 1 ) Until thecontraryisproved, renders services to,any other person is presumed. regardless of the form of 30 the contract. to be an employee, if any one or more of the following factors are present: ( t r l the manner in whichthe personworks is subject to the control or direction of another person; ( b ) the person’s hours of work are subject to the control or direction of 35 another person; (c) in the caseof a person who works foran organisation. the person forms part of that organisation; (ti) the person has worked for that other person for an average of 3t least 40 40 hours per month over the last three months; (e) the person is economically dependent on the other person forwhom he or she works or renders services; C f l the person is provided with tools of trade or work equipment by the other person; or Cg) the person only works for or renders services to one person. 45 (2) Subsection (1) does not apply to any person who earns in excess of the amount determinedby the Ministerin terms of section 6(3) of the Basic Conditions of Employment Act.

See Labour Relations Amendment Act 12 of 2002, s. 51, inserting Labour Relations Act 66 of 1995, s. 200A(1)–(2); Government Gazette 23540, 24 June 2002; retrieved 13 October 2026. The text layer runs some words together and garbles some paragraph letters; the quote preserves that rendering. Act 6 of 2014 substituted the opening words of subsection (1).

The taxi sector determination presumes a person working in the taxi sector to be an employee if any listed factor is present.

(1) A person who works for, or renders services to, any other person in the taxi sector is presumed, until the contrary is proved, to be an employee, regardless of the form of the contract, if any one or more of the following factors is present (a) the manner in which the person works is subject to the control or direction of another person; (b) the person's hours of work are subject to the control or direction of another person; (c) the person forms part of the employer's organisation; (d) the person has worked for that other person for an average of at least 40 hours per month over the last three months; (e) the person is economically dependant on the other person for whom that person works or renders services; (f) the person is provided with tools of trade or work equipment by the other person; or (g) the person only works for or renders services to one person.

See Sectoral Determination 11: Taxi Sector, GN R409, 28 April 2005, clause 32(1); retrieved 13 October 2026.

The forestry sector determination presumes a person working in forestry activities to be a forestry worker if any listed factor is present.

(1) A person who works for, or renders services to, any other person in forestry activities is presumed, until the contrary is proved, to be a forestry worker, regardless of the form of the contract if any one or more of the following factors is present: (a) the manner in which the person works is subject to the control or direction of another person; (b) the person’s hours of work are subject to the control or direction of another person; (c) the person forms part of the employer’s organisation; (d) the person has worked for that other person for an average of at least 40 hours per month over the last three months; (e) the person is economically dependant on the other person for whom that person works or renders services; (f) the person is provided with tools of trade or work equipment by the other person; or (8) the person only works for or renders services to one person.

See Sectoral Determination 12: Forestry Sector, GN R219, Government Gazette 28598, 17 March 2006, clause 37(1); retrieved 13 October 2026. The text layer renders paragraph (g) as (8); the quote preserves that rendering.

Cliffe Dekker Hofmeyr describes the employee-or-contractor test as substance over form, with the agreement not definitive.

Ultimately the test is always substance over form and the nature of the agreement is not definitive.

See Cliffe Dekker Hofmeyr, Employee vs Independent Contractor vs TES, Employment Law Alert diagram, 5 December 2023; retrieved 13 October 2026.

Webber Wentzel describes the dominant impression test as concentrating on supervision and control, integration and economic dependence.

The dominant impression test concentrates on three aspects: - the employer's right to supervision and control; - whether the employee forms an integral part of the employer's organisation; and - the extent to which the employee is economically dependent on the employer.

See Webber Wentzel, Radio DJ: 15 years later and still not an employee, undated web page; retrieved 13 October 2026.

Original particulars include ordinary hours and days, wage calculation, overtime rate, cash and in-kind payments, pay frequency, deductions, leave and notice.

(e) the employee’s ordinary hours of work and days of work; (f) the employee’s wage or the rate and method of calculating wages: (g) the rate of pay for overtime work; (h) any other cash payments that the employee is entitled to; (i) any payment in kind that the employee is entitled to and the value of the 40 payment in kind; (j) how frequently remuneration will be paid; (k) any deductions to be made from the employee’s remuneration; (1) the leave to which the employee is entitled; (m~ the period of notice required to terminate employment, or if employment is for 45 a specified period, the date when employment is to terminate;

See BCEA, s. 29(1)(e)–(m), original Gazette 18491, printed p. 28.

BCEA section 32(3) requires payment within seven days after the pay period, and section 33(1) requires written information on each payday covering the employer, employee, pay period, remuneration, deductions and amount paid.

(3) An employer must pay remuneration not later than seven days after— (a) the completion of the period for which the remuneration is payable; or 40 (b) the termination of the contract of employment. (4) Subsection (3)(b) does not apply to any pension or provident fund payment to an employee that is made in terms of the rules of the fund. Information about remuneration 33. (1) An employer must give an employee the following information in writing on 45 each day the employee is paid: (a) The employer’s name and address; (b) the employee’s name and occupation; (c) the period for which the payment is made; (d) the employee’s remuneration in money; 50 (e) the amount and purpose of any deduction made from the remuneration: ~) the actual amount paid to the employee; and (g) if relevant to the calculation of that employee’s remuneration—

See Basic Conditions of Employment Act 75 of 1997, ss. 32(3)–(4), 33(1)(a)–(g) opening words, original Gazette 18491, 5 December 1997; retrieved 13 October 2026.

BCEA section 33(1)(g) adds rates and hours to the payday information where relevant, and section 33(2) fixes where and when it is given.

(i) the employee’s rate of remuneration and overtime rate; (ii) the number of ordinary and overtime hours worked by the employee during the period for which the payment is made; (iii ) the number of hours worked by the employee on a Sunday or public holiday during that period; and 5 (iv) if an agreement to average working time has been concluded in terms of sectio~ 12. the total number of ordinary and overtime hours worked by the employee in the period of averaging. (2) The written information required in terms of subsection (1) must be given to each employee- 10 (a) at the workplace or at a place agreed to by the employee; and (b) during the employee’s ordinary working hours or within 15 minutes of the commencement or conclusion of those hours.

See Basic Conditions of Employment Act 75 of 1997, s. 33(1)(g)(i)–(iv), (2), original Gazette 18491, 5 December 1997; retrieved 13 October 2026. The quote continues section 33(1)(g) after the page break and keeps the line numbers the text layer renders.

National Minimum Wage Act section 4(9) applies BCEA sections 32 to 34 to the payment of the national minimum wage to workers.

(9) Sections 32, 33 and 34 of the Basic Conditions of Employment Act apply to the payment of the national minimum wage to workers.

See National Minimum Wage Act 9 of 2018, s. 4(9); Government Gazette 42060, 27 November 2018; retrieved 13 October 2026.

Original section 29 lists incorporated documents/access and calls for revision when particulars change.

(II) a description of any council or sectoral determination which covers the employer’s business; (o) any period of employment with a previous employer that counts towards the employees period of employment; 50 (p) a list of any other documents that form part of the contract of employment. indicating a place that is reasonably accessible to the employee where a copy of each may be obtained. (2) When any matter listed in subsection (1) changes— (a) the written particulars must be revised to reflect the change; and 55 30 No. 18491 GOVERNMENT GAZETTE. 5 DECEMBER 1997 Act No. 75, 1997 B.4SJC CONDITIONS OF EMPLOYMENT ACT. 1997 (b) the employee must be supplied with a copy of the document reflecting the change. (3) If an employee is not able to understand the written particulars. the employer must ensure that they are explained to the employee in a language and in a manner that the employee understands. 5 (4) Written particulars in terms of this section must be kept by the employer for a period of three years after the termination of employment.

See BCEA, s. 29(1)(n)–(p), (2)–(4), original Gazette 18491, printed pp. 28–30.

Historical original section 28 context includes the domestic-worker limb subsequently deleted by Act 11 of 2002 section 5; read alongside the same-question amendment card. The surviving small-employer exception affects only the enumerated fields/sections.

28. (1) This Chapter does not apply to an employee who works less than 24 hours a month for an employer. (2) Sections 29(1)(n). (o) and (p), 30.31 and 33 do not apply to- (a) an employer who employs fewer than five employees; and (b) the employment of a domestic worker. Written particulars of employment 29. (1) An employer must supply an employee, when the employee commences employment, with the following particulars in writing— (a) the full name and address of the employer; (b) the name and occupation of the employee. or a brief description of the work 30 for which the employee is employed;

See BCEA, ss. 28–29(1)(b), original Gazette 18491, printed p. 28.

Section 5 deletes BCEA 28(2)(b); domestic-worker employment is no longer an independent exception under that subsection.

5. Section 28 of the principal Act is amended by the deletion of subsection (2)(b).

See Act 11 of 2002, s. 5; Gazette 23539, 24 June 2002, printed p. 4 (PDF p. 3).

Schedule 1 states the ordinary-hour wage and specified category exceptions.

1. Subject to item 2, the national minimum wage is R30,23 for each ordinary hour worked. 2. Despite item 1— (a) farm workers are entitled to a minimum wage of R30,23 per hour; (b) domestic workers are entitled to a minimum wage of R30,23 per hour; (c) workers employed on an expanded public works programme are entitled to a minimum wage of R16,62 per hour; and (d) workers who have concluded learnership agreements contemplated in section 17 of the Skills Development Act, 1998 (Act No. 97 of 1998), are entitled to the allowances contained in Schedule 2.

See Government Notice R. 7083 of 2026, Gazette 54075, 3 February 2026; commencement, printed p. 3; Schedule 1, items 1–2, printed p. 4; sector schedules, pp. 5–7.

The Minister fixes 1 March 2026 as the binding date of the amendment.

I, Nomakhosazana Meth, Minister of Employment and Labour, hereby in terms of section 6(5) of the National Minimum Wage Act, No. 9 of 2018, amend the national minimum wages contained in Schedule 1 and Schedule 2 of the National Minimum Wage Act, published under Government Notice No. 52053 of 4 February 2025, in accordance with the schedules hereto and fix the 1 March 2026 as the date on which this amendment shall become binding.

See Government Notice R. 7083 of 2026, Gazette 54075, 3 February 2026, commencement, printed p. 3.

National Minimum Wage Act section 4(4)–(7) requires payment of at least the national minimum wage and bars waiver.

(4) Every worker is entitled to payment of a wage in an amount no less than the national minimum wage. (5) Every employer must pay wages to its workers that is no less than the national minimum wage. (6) The payment of a national minimum wage cannot be waived and the national minimum wage takes precedence over any contrary provision in any contract, collective agreement, sectoral determination or law, except a law amending this Act. (7) The national minimum wage must constitute a term of the worker’s contract except to the extent that the contract, collective agreement or law provides a wage that is more favourable to the worker.

See National Minimum Wage Act 9 of 2018, s. 4(4)–(7); Government Gazette 42060, 27 November 2018; retrieved 13 October 2026.

National Minimum Wage Act section 5(1) calculates the wage as money payable for ordinary hours, excluding allowances that enable the worker to work.

(8) It is an unfair labour practice for an employer to unilaterally alter wages, hours of work or other conditions of employment in connection with the implementation of the national minimum wage and sections 191, 193, 194(4) and 195 of the Labour Relations Act apply, unless the context indicates otherwise. (9) Sections 32, 33 and 34 of the Basic Conditions of Employment Act apply to the payment of the national minimum wage to workers. 10 15 20 25 30 35 40 Calculation of wage 5. (1) Despite any contract or law to the contrary, the calculation of a wage for the purposes of this Act is the amount payable in money for ordinary hours of work 45 excluding— (a) any payment made to enable a worker to work including any transport, equipment, tool, food or accommodation allowance, unless specified otherwise in a sectorial determination;

See National Minimum Wage Act 9 of 2018, ss. 4(8)–(9), 5(1)(a); Government Gazette 42060, 27 November 2018; retrieved 13 October 2026.

National Minimum Wage Act section 5(1)(b)–(d) also excludes payments in kind, gratuities and other prescribed payments from the wage calculation, and section 5(2)–(3) applies the minimum to hours worked and to workers paid on another basis.

(b) any payment in kind including board or accommodation, unless specified otherwise in a sectoral determination; (c) gratuities including bonuses, tips or gifts; and (d) any other prescribed category of payment. (2) Subject to section 9A of the Basic Conditions of Employment Act, a worker is 5 entitled to receive the national minimum wage for the number of hours that the worker works on any day. (3) Subject to subsection (2), if the worker is paid on a basis other than the number of hours worked, the worker may not be paid less than the national minimum wage for 10 the ordinary hours of work.

See National Minimum Wage Act 9 of 2018, s. 5(1)(b)–(d), (2)–(3); Government Gazette 42060, 27 November 2018; retrieved 13 October 2026. The quote continues section 5(1) from the preceding page of the English text and keeps the line numbers the text layer renders.

National Minimum Wage Act section 15 lets an employer apply for an exemption that specifies a period of up to one year and the wage the employer must pay.

15. (1) An employer or an employers’ organisation registered in terms of section 96 of the Labour Relations Act, or any other law, acting on behalf of a member, may, in the prescribed form and manner, apply for an exemption from paying the national minimum wage. (2) An exemption granted in terms of this section— 35 (a) must specify the period for which it is granted, which may not be longer than one year; (b) must specify the wage that the employer is required to pay workers; and (c) may contain any other relevant condition.

See National Minimum Wage Act 9 of 2018, s. 15(1)–(2); Government Gazette 42060, 27 November 2018; retrieved 13 October 2026.

BCEA section 9(1)–(2) limits ordinary hours to 45 a week and nine or eight hours a day, and permits an agreed extension of up to 15 minutes a day and 60 minutes a week for employees serving the public.

9. (1) Subject to this Chapter. an employer may not require or permit an employee to work more than— ?5 (a) 45 hours in any week: and (b) nine hours in any day if the employee works for five days or fewer in a week: (c) ~ght hours in any day if the employee works on more than five days in a week. (2) An employee’s ordinary hours of work in terms of subsection (I) may by 30 agreement be extended by Up [0 15 minutes in a day but not more than 60 minutes in a week to enable an employee whose duties include serving members of the public to continue performing those duties after the completion of ordinary hours of work.

See Basic Conditions of Employment Act 75 of 1997, s. 9(1)–(2), original Gazette 18491, 5 December 1997; retrieved 13 October 2026.

BCEA section 10(3) lets an agreement provide for paid time off in place of the overtime payment in section 10(2); the text layer places a footnote after the opening words.

(3) Despite subsection (2). an agreement may provide for an employer to- 45 3. The Code of Good Practice issued by the Minister of Labour under section 87( 1 )(a) Will c~ntain provisions concerning the arrangement of work and, in particular, its impact upon the health. safety and welfare of employees. Issues that would be included are shift work, night work, res~ periods during working time, family responsibilities and work by children.

See Basic Conditions of Employment Act 75 of 1997, s. 10(3), opening words, original Gazette 18491, 5 December 1997; retrieved 13 October 2026. The quote preserves footnote 3, which the text layer places inside the subsection.

The small business determination applies to employers whose business employs fewer than ten employees, varies the BCEA for them, yields to a bargaining council agreement or sectoral determination, and excludes domestic workers, the public service, employers conducting more than one business and businesses formed by division or dissolution.

This determination applies to employers who conduct businesses employing less than ten employees. the Basic To the extent provided for in this determination, this determination varies the application of Conditions of Employment Act, No. 75 of 1997, to such employers and their employees. “1.3 This determination must be read in conjunction with the Basic Conditions of Employment Act. 1.1. 1.4 1.5 1.6 the Basic Unless otherwise indicated, any word used in this determination has the same meaning as in : Conditions of Employment Act, No. 75 of 1997. ° on, A bargaining council agreement or sectoral determination takes precedence over this determinati unless the agreement or determination provides otherwise. This determination does not apply to— (a) the employment of domestic workers; (b) . the public service; (c) (d) 2. . any employer who conducts more than one business; any business formed by the division or dissolution of an existing business.

See Ministerial Determination 1: Small Business, GN R1295, Government Gazette 20587, 5 November 1999, clause 1; retrieved 13 October 2026. The text layer of the Gazette scan scrambles the two-column layout; the quote preserves that rendering.

The small business determination allows up to 15 overtime hours a week, sets overtime pay of at least one and one third times the wage for the first ten hours and one and a half times beyond, and permits written individual averaging over up to four months within averages of 45 ordinary and ten overtime hours a week, lapsing after 12 months.

OVERTIME 2.1 2.2 to work more than Despite section 10 (1) (b) (ii), an employer may not require or permit an employee fifteen hours overtime a week. . Despite section 10 (2), an employer must pay an employee— of overtime worked (a) at least one and one third times the employee’s wage for the first ten hours in any week; (b) of ten hours at least one and one half times the employee’s wage for any overtime in excess : worked in a week. STAATSKOERANT, 3. No. 20587 1999 3 AVERAGING OF HOURS 3.1 Despite sections 9 (1) and (2) and 10 (1) (b) of the Basic Conditions of Employment Act, No. 75 of 1997, and clause 2 of this determination, the ordinary hours of work and overtime of an employee may be averaged over a period of up to four months in terms of a written agreement concluded by an employer and employee. 3.2 An employer may not require or permit an employee who is bound by an agreement in terms of subclause 1 to work more than— 3.3 4. 5 NOVEMBER (a) an average of forty-five ordinary hours of work in a week over the agreed period; (b) an average of ten hours overtime in a week over the agreed period. An agreement in terms of subclause 1 lapses after twelve (12) months.

See Ministerial Determination 1: Small Business, GN R1295, Government Gazette 20587, 5 November 1999, clauses 2–3; retrieved 13 October 2026. The text layer of the Gazette scan scrambles the two-column layout; the quote preserves that rendering.

The expanded public works programmes determination sets general limits of 40 hours and five days a week and eight hours a day, allows ten hours a day on an agreed four-day week, and lets a task-rated worker work up to 55 hours a week to complete tasks allocated on a 40-hour basis.

An employer may not set tasks or hours of work that require a worker to work(a) more than forty hours in any week; (b) on more than five days in any week; and (c) for more than eight hours on any day. 3.2 An employer and worker may agree that a worker will work four days per week. The worker may then work up to ten hours per day. 3.3 A task-rated worker may not work more than a total of 55 hours in any week to complete the tasks allocated (based on a 40-hour week) to that worker. Meal Breaks 4.1 A worker may not work for more than five hours without taking a meal break of at least thirty minutes duration.

See Ministerial Determination 4: Expanded Public Works Programmes, GN R347, Government Gazette 35310, 4 May 2012, clauses 3–4.1; retrieved 13 October 2026. The text layer garbles some characters; the quote preserves that rendering.

BCEA section 6(2) disapplies sections 9 and 10(1), among others, for work required without delay owing to unforeseeable circumstances that cannot be performed during ordinary hours.

(~) Sections 9. lo~l ). 14( I). 15(1), 17(Z) and 18(1) do not apply to work which is required to be done without delay owing to circumstances for which the employer could not reasonably have been expected to make provision and which cannot be performed by employees during their ordinary hours of work.

See Basic Conditions of Employment Act 75 of 1997, s. 6(2), original Gazette 18491, 5 December 1997; retrieved 13 October 2026. The text layer garbles the subsection and section numbers; the quote preserves that rendering.

BCEA section 10(5) provides that an overtime agreement concluded at the start of employment or in the first three months lapses after one year.

(5) An agreement concluded in terms of subsection (1) with an employee when the 10 employee commences employment. or during the first three months of employment. lapses after one year.

See Basic Conditions of Employment Act 75 of 1997, s. 10(5), original Gazette 18491, 5 December 1997; retrieved 13 October 2026.

The 2002 amendment requires an overtime agreement, caps overtime at ten hours a week and caps an overtime agreement at 12 hours on any day.

3. Section 10 of the principal Act is amended by- the substitution for-subsection (1) of the- following subsection: “(1) Subject to this Chapter, an employer may not require or permit an 10 employee to work- (a) overtime except in accordance with an agreement; (b) more than [- (i) three hours’ overtime a day; or (ii)] ten hours’overtimeaweek.”; 15 the insertion after subsection .(1), of the following” subsection: “( 1A) An agreement in terms of subsection ( 1 ) may not require or permit an employee to work more than 12 hours on any day.”; and the addition of the following subsection: “(6) ( a ) A collectiveagreement may increasethemaximumpermitted 20 overtime to 15 hours a week. ~~~~~ (b)A collective agreement contemplatedin paragraph ( a ) may not apply for more than two months in any period of 12 months.”.

See Basic Conditions of Employment Amendment Act 11 of 2002, s. 3, amending BCEA s. 10; Government Gazette 23539, 24 June 2002; retrieved 13 October 2026. Words in square brackets are deletions shown in the amending Act.

BCEA section 10(2) requires overtime pay of at least one and a half times the wage.

(2) An employer must pay an employee at least one and one-half times the employee’s wage for overtime worked.

See Basic Conditions of Employment Act 75 of 1997, s. 10(2), original Gazette 18491, 5 December 1997; retrieved 13 October 2026.

BCEA section 10(3)–(4) lets an agreement replace part of the overtime premium with paid time off, granted within one month or, by written agreement, 12 months.

(a) pay an employee not less than the employee’s ordinary wage for overtime worked and grant the employee at least 30 minutes’ time off on full pay for every hour of overtime worked; or (b) grant an employee at least 90 minutes’ paid time off for each hour of overtime worked, 5 (4) (a) An employer must grant paid time off in terms of subsection (3) within one month of the employee becoming entitled to it. (b) An agreement in writing may increase the period contemplated by paragraph (a) to 12 months.

See Basic Conditions of Employment Act 75 of 1997, s. 10(3)(a)–(b) and (4), original Gazette 18491, 5 December 1997; retrieved 13 October 2026.

BCEA sections 11 and 12 permit a written compressed-week agreement and averaging under a collective agreement, capped at averages of 45 ordinary and five overtime hours a week.

11. ( 1 ) An agreement in writing may require or permit an employee to work up to twelve hours in a day, inclusive of the meal intervals required in terms of section 14. without receiving overtime pay. (2) An agreement in terms of subsection ( 1 ) may not require or permit an employee to w ork— (a) more than 45 ordinary hours of work in any week; (b) more than ten hours’ overtime in any week: or (c) on more than five days in any week. Averaging of hours of work 12. (1) Despite sections 9(1 ) and (2) and 10(1 )(b). the ordinary hours of work and overtime of an employee may be averaged over a period of up to four months in terms of a collective agreement. 25 (2) An employer may not require or permit an employee who is bound by a collective agreement in terms of subsection ( 1 ) to work more than— (u) an average of 45 ordinary hours of work in a week over the agreed period; (b) an average of five hours’ overtime in a week over the agreed period. (3) A collective agreement in terms of subsection (1) lapses after 12 months. 30 (4) Subsection (3) only applies to the first two collective agreements concluded in terms of subsection (1).

See Basic Conditions of Employment Act 75 of 1997, ss. 11–12, original Gazette 18491, 5 December 1997; retrieved 13 October 2026.

The Gazette sets the annual threshold and enumerates the particular working-time provisions excluded above it, effective 1 May 2026.

Nomakhosazana Meth, Minister of Employment and Labour, hereby in terms of Section 6 (3) of the Basic Conditions of Employment Act, No. 75 of 1997, (the Act), determine that all employees earning in excess of R269 600.90 (Two hundred and sixty-nine thousand, and six hundred rand, ninety cents) per annum be excluded from sections 9, 10, 11, 12, 14, 15, 16, 17(2) and 18(3) of this Act with effect from 1 May 2026. For the purposes of this notice: “Earnings” means the regular annual remuneration before deductions i.e income tax, pension, medical and similar payments but excluding similar payments(contributions) made by the employer in respect of the employee: Provided that subsistence and transport allowances received, achievement awards and payments for overtime worked shall not be regarded as remuneration for the purpose of this notice.

See Government Notice 7384 of 2026, Gazette 54544, 17 April 2026, printed p. 3; determination and definition of earnings.

BCEA section 6(1) excludes senior managerial employees, travelling sales staff who regulate their own hours and employees working under 24 hours a month from the working-time chapter.

6. (1) This Chapter. except section 7, does not apply to- (a) senior managerial employees; (b) employees engaged as sales staff who travel to the premises of customers and 45 who regulate their own hours of work; (c) employees who work less than 24 hours a month for an employer.

See Basic Conditions of Employment Act 75 of 1997, s. 6(1), original Gazette 18491, 5 December 1997; retrieved 13 October 2026.

BCEA section 19(1) excludes an employee working less than 24 hours a month from the leave chapter.

19. (1) This Chapter does not apply to an employee who works less than 24 hours a month for an employer.

See Basic Conditions of Employment Act 75 of 1997, s. 19(1), original Gazette 18491, 5 December 1997; retrieved 13 October 2026.

BCEA section 27(1)–(2) gives qualifying employees three days’ paid family responsibility leave per annual leave cycle.

27. ( 1 ) This section applies to an employee— (a) who has been in employment with an employer for longer than four months; and (b) who works for at least four days a week for that employer. (2) An employer must grant an employee, during each annual leave cycle. at the 40 request of the employee. three days’ paid leave. which the employee is entitled to take— (a) when the employee’s child is born; (b) when the employee’s child is sick; or

See Basic Conditions of Employment Act 75 of 1997, s. 27(1)–(2)(b), original Gazette 18491, 5 December 1997; retrieved 13 October 2026. Paragraph (2)(a) was repealed by the Labour Laws Amendment Act 10 of 2018, s. 4.

BCEA section 27(2)(c)–(3) covers the death of a spouse or life partner or listed relatives and requires payment at the ordinary daily wage.

(c) in the event of the death of— (i) the employee’s spouse or life partner; or (ii) the employee’s parent, adoptive parent, grandparent, child, adopted child, grandchild or sibling. (3) Subject to subsection (5), an employer must pay an employee for a day’s family 5 responsibility leave— (a) the wage the employee would ordinarily have received for work on that day; and (b) on the employee’s usual pay day.

See Basic Conditions of Employment Act 75 of 1997, s. 27(2)(c)–(3), original Gazette 18491, 5 December 1997; retrieved 13 October 2026.

The Labour Laws Amendment Act 2018 repeals BCEA section 27(2)(a), the family responsibility ground for a child’s birth.

4. Section 27 of the Basic Conditions of Employment Act, 1997, is hereby amended by the repeal in subsection (2) of paragraph (a).

See Labour Laws Amendment Act 10 of 2018, s. 4; Government Gazette 42062, 27 November 2018; retrieved 13 October 2026.

BCEA section 27(7) lets a collective agreement vary the number of family responsibility leave days and the circumstances in which they are granted.

(7) A collective agreement may vary the number of days and the circumstances under which leave is to be granted in terms of this section.

See Basic Conditions of Employment Act 75 of 1997, s. 27(7), original Gazette 18491, 5 December 1997; retrieved 13 October 2026.

BCEA section 49(1) lets a bargaining-council collective agreement alter basic conditions within limits, including that it may not reduce annual leave below two weeks, reduce maternity or sick leave, or conflict with Chapter Six.

49. (1) A collective agreement concluded in a bargaining council may alter, replace or exclude any basic condition of employment if the collective agreement is consistent with to reconse eat eaten ances eyeins 7, 9 and any (b) reduce the protection afforded to employees who perform night work in terms of section 17(3) and (4); (c) reduce an employee's annual leave in terms of section 20 to less than two 30 weeks; (d) reduce an employee's entitlement to maternity leave in terms of section 25; (e) reduce an employee's entitlement to sick leave in terms of sections 22 to 24 (f) conflict with the provisions of Chapter Six

See Basic Conditions of Employment Act 75 of 1997, s. 49(1)(a)–(f), original Gazette 18491, 5 December 1997; retrieved 13 October 2026. The text layer garbles part of the opening words; the quote preserves that rendering. Act 10 of 2018 inserted paragraphs (dA)–(dC).

The Labour Laws Amendment Act 10 of 2018 adds to BCEA section 49(1) that a bargaining-council agreement may not reduce parental, adoption or commissioning parental leave.

5. Section 49 of the Basic Conditions of Employment Act, 1997, is hereby amended by the insertion in subsection (1) after paragraph (d) of the following paragraphs: ‘‘(dA) reduce an employee’s entitlement to parental leave in terms of section 25A; (dB) reduce an employee’s entitlement to adoption leave in terms of section 25B; (dC) reduce an employee’s entitlement to commissioning parental leave in terms 10 of section 25C;’’.

See Labour Laws Amendment Act 10 of 2018, s. 5, inserting BCEA s. 49(1)(dA)–(dC); Government Gazette 42062, 27 November 2018; retrieved 13 October 2026.

BCEA section 20(1)–(2) defines the 12-month annual leave cycle and requires at least 21 consecutive days’ paid annual leave per cycle or an agreed accrual equivalent.

20. ( 1 ) In this Chapter, “annual leave cycle” means the period of 12 months’ employment with the same employer immediate! following- 10 (a) an employee’s comm-encement of employment: or (b) the completion of that employee’s prior leave cycle. (2) An employer must grant an employee at least— (a) 21 consecutive days’ annual leave on full remuneration in respect of each annual leave cycle; or 15 (b) by agreement, one day of annual leave on full remuneration for every 17 days on which the employee worked or was entitled to be paid; (c) by agreement, one hour of annual leave on full remuneration for every 17 hours on which the employee worked or was entitled to be paid. (3)

See Basic Conditions of Employment Act 75 of 1997, s. 20(1)–(2), original Gazette 18491, 5 December 1997; retrieved 13 October 2026.

The small business determination lets a written agreement reduce annual leave by family responsibility leave granted on full remuneration at the employee’s request.

FAMILY RESPONSIBILITY LEAVE 4.1 An employer and an employee may conclude a written agreement in terms of which an employer may reduce an employee’s entitiement to annual leave in terms of section 20 of the Basic Conditions of Employment Act, No. 75 of 1997, by the number of days of family responsibility leave on full remuneration granted to the employee at the employee’s request in terms of section 27 of the Basic Conditions of Employment Act, No. 75 of 1997.

See Ministerial Determination 1: Small Business, GN R1295, Government Gazette 20587, 5 November 1999, clause 4; retrieved 13 October 2026. The text layer of the Gazette scan scrambles the two-column layout; the quote preserves that rendering.

BCEA section 20(7) lets the employer reduce annual leave by occasional leave on full remuneration granted at the employee’s request in that cycle.

(7) An employer may reduce an employee’s entitlement to annual leave by the number 30 of days of occasional leave on full remuneration granted to the employee at the employee’s request in that leave cycle.

See Basic Conditions of Employment Act 75 of 1997, s. 20(7), original Gazette 18491, 5 December 1997; retrieved 13 October 2026.

BCEA section 22 defines the 36-month sick leave cycle, gives paid sick leave of six weeks of normal working days per cycle and one day per 26 days worked in the first six months, allows the first-six-months leave to be deducted in the first cycle, fixes sick pay and allows an agreed reduction in daily sick pay within limits.

22. ( 1 ) In this Chapter. “sick leave cycle” means the period of 36 months’ 5 employment with the same employer immediately following— (a) an employee’s commencement of employment; or (b) the completion of that employee’s prior sick leave cycle. (2) During every sick leave cycle. an employee is entitled to an amount of paid sick leave equal to the number of days the employee would normally work during a period 1() of six weeks. (3) Despite subsection (2), during the first six months of employment. an employee is entitled to one day’s paid sick leave for every 26 days worked. (4) During an employee’s first sick leave cycle. an employer may reduce the employee’s entitlement to sick leave in terms of subsection (2) by the number of days” 15 sick leave taken in terms of subsection (3). (5) Subject [O section 23. an employer must pay an employee for a day’s sick leave— (a) the wage the employee would ordinarily have received for work on that day; and (h) on the employee’s usual pay day. 20 (6) An agreement may reduce the pay to which an employee is entitled in respect of any day’s absence in lerms of this section if— (u) the number of days of paid sick leave is increased at least commensurately with any reduction in the daily amount of sick pay: and (b) the employee’s entitlement to pay— 25 (i) for any day”s sick leave is at least 75 per cent of the wage payable to the employee for the ordinary hours the employee would have worked on that day: and (ii ) for sick leave over the sick leave cycle is at least equivalent to the employee’s entitlement in terms of subsection (2).

See Basic Conditions of Employment Act 75 of 1997, s. 22(1)–(6), original Gazette 18491, 5 December 1997; retrieved 13 October 2026.

The Court confirmed parental-leave invalidity and suspended invalidity for 36 months.

2. The declaration made by the High Court, that sections 25, 25A, 25B and 25C of the BCEA dealing with maternity and parental leave, together with the corresponding sections 24, 26A, 27 and 29A of the UIF Act, are invalid and inconsistent with the Constitution to the extent that they unfairly discriminate between different classes of parents as to the length of parental leave available to parents and as to the unemployment benefits to which they are entitled, and the periods for which unemployment benefits are paid, is confirmed. 3. It is declared that section 25B(1) of the BCEA and section 27(1)(c) of the UIF Act are invalid and inconsistent with the Constitution to the extent that they limit parental leave and related benefits to the case where the adopted child is below the age of two years. 4. The declarations of constitutional invalidity referred to in paragraphs 2 and 3 are suspended for a period of 36 months from the date of this order to afford Parliament an opportunity to remedy the constitutional defects giving rise to the constitutional invalidity.

See Van Wyk [2025] ZACC 20, 3 October 2025, order paras. 2–4, judgment p. 3; parliamentary-hosted judgment posted May 2026.

Pending remedial legislation, the order reads in leave provisions distinguishing a single/sole employed parent from two employed parents, with medical and timing qualifications.

5. Pending the coming into force of any remedial legislation as contemplated in paragraph 4, the impugned provisions of the BCEA shall read as follows, the changes being indicated by underlining: (a) Section 25 of the BCEA shall read: “25. Parental leave (1) An employee who is— (a) a single parent; or (b) the only employed party in a parental relationship, is entitled to at least four consecutive months’ parental leave. (2) A female employee who is expecting the birth of a child may commence parental leave— (a) at any time from four weeks before the expected date of birth, unless otherwise agreed; or (b) on a date from which a medical practitioner or a midwife certifies that it is necessary for the employee’s health or that of her unborn child. (2A) Where section 25(2) does not apply, an employee may commence parental leave on— (a) the day that the employee’s child is born; or (b) where section 25B or section 25C is applicable, the date mentioned in section 25B(2) or section 25C(2) as the case may be. (3) No female employee who has given birth to a child may work for six weeks after the birth of her child, unless a medical practitioner or midwife certifies that she is fit to do so. (4) An employee who has a miscarriage during the third trimester of pregnancy or bears a stillborn child is entitled to parental leave for six weeks after the miscarriage or stillbirth, whether or not the employee had commenced parental leave at the time of the miscarriage or stillbirth. (4A) If both parties to a parental relationship are employed, the parties are entitled in the aggregate to four months and ten days’ parental leave, inclusive of any parental leave taken in terms of subsections (2) and (3).

See Van Wyk [2025] ZACC 20, 3 October 2025, order para. 5(a), section 25(1)–(4A), judgment p. 4.

Paragraph 2(1) of the Fourth Schedule to the Income Tax Act requires a resident employer, a non-resident employer with a permanent establishment in South Africa and a representative employer to deduct employees’ tax and pay it within seven days after the month end.

13. Paragraph 2 of the Fourth Schedule to the Income Tax Act, 1962, is hereby amended— (a) by the substitution for subparagraph (1) of the following subparagraph: ‘‘(1) Every— (a) employer [who] that is a resident; [or] (b) [representative employer in the case of any] employer [who] that is not a resident and conducts business through a permanent establishment in the Republic; or (c) representative employer, (whether or not registered as an employer under paragraph 15) who pays or becomes liable to pay any amount by way of remuneration to any employee shall, unless the Commissioner has granted authority to the contrary, deduct or withhold from that amount, or, where that amount constitutes any lump sum contemplated in paragraph 2(1)(b) of the Second Schedule, deduct from the employee’s benefit or minimum individual reserve as contemplated in that paragraph, by way of employees’ tax an amount which shall be determined as provided in paragraph 9, 10 or 11 or section 95 of the Tax Administration Act, whichever is applicable, in respect of the liability for normal tax of that employee, or, if such remuneration is paid or payable to an employee who is married and such remuneration is under the provisions of section 7(2) of this Act deemed to be income of the employee’s spouse, in respect of such liability of that spouse, and shall, subject to the Employment Tax Incentive Act, 2013, pay the amount so deducted or withheld to the Commissioner within seven days after the end of the month during which the amount was deducted or withheld, or in the case of a person who ceases to be an employer before the end of such month, within seven days after the day on which that person ceased to be an employer, or in either case within such further period as the Commissioner may approve.’’

See Tax Administration Laws Amendment Act 18 of 2023, s. 13(a), substituting Income Tax Act 58 of 1962, Fourth Schedule, para. 2(1); Government Gazette 49947, 22 December 2023; retrieved 13 October 2026. Words in square brackets are deletions shown in the amending Act.

The SARS employer guide, citing Fourth Schedule paragraph 15(1), states that an employer must apply for registration within 21 business days after becoming an employer unless none of its employees is liable for normal tax.

The employer must apply for registration for employees’ tax purposes with SARS within 21 business days after he/she becomes an employer unless none of the employees are liable for normal tax.

See SARS, Guide for Employers in respect of Employees’ Tax (2027 tax year), PAYE-GEN-01-G21, Registration; retrieved 13 October 2026.

Unemployment Insurance Contributions Act sections 5(1) and 6(1) require monthly contributions of 1% from the employee and 1% from the employer.

5. (1) Every employer and every employee to whom this Act applies must, on a monthly basis, contribute to the Unemployment Insurance Fund. 35 (2) The contributions must be paid by the employer either to the Commissioner in terms of section 8 or to the Unemployment Insurance Commissionerin terms of section 9, whichever is applicable to the particular employer. Determination of contribution 6. (1) Subject to subsection (2), the amount of the contribution payable in terms of 40 section 5(a) by an employee, must be one per cent of the remuneration paid or payable to that employee by his or her employer during any month; and (b) by an employer in respect of any one of its employees, must be equal to one percent of theremunerationpaid or payable by thatemployer to that 45 employee during any month.

See Unemployment Insurance Contributions Act 4 of 2002, ss. 5–6(1); Government Gazette 23289, 28 March 2002; retrieved 13 October 2026.

SARS states the contribution rates and the R17 712 monthly ceiling applying since 1 June 2021.

The amount of the contribution due by an employee, must be 1% of the remuneration paid by the employer to the employee. - The employer must pay a total contribution of 2% (1% contributed by the employee and 1% contributed by the employer) within the prescribed period. - A contribution shall not apply to so much of the remuneration paid or payable by an employer to an employee, as exceeds: - With effect from 1 October 2012 – R 14 872 per month (R 178 464 annually) - With effect from 1 June 2021 – R 17 712 per month (R 212 544 annually). Please note: As from 1 June 2021, the maximum earnings ceiling is R17 712 per month or R212 544 annually. For employees who earn more than this amount, the contribution is calculated using the maximum earnings ceiling amount. Therefore the maximum contribution which can be deducted, for employees who earn more than R17 712 per month, is R177,12 per month.

See SARS, Unemployment Insurance Fund, web page, retrieved 13 October 2026.

SARS states that an employee employed for less than 24 hours a month by the employer is excluded from contributing.

However, an employee is excluded from contributing to the UIF if he or she– - Is employed by the employer for less than 24 hours a month - Is employed as an officer or employee in the national or provincial sphere of Government - Is the President, Deputy President, a Minister, Deputy Minister, a member of the National Assembly, a permanent delegate to the National Council of Provinces, a Premier, a member of an Executive Council or a member of a provincial legislature or - Is a member of a municipal council, a traditional leader, a member of a provincial House of Traditional Leaders and a member of the Council of Traditional Leaders.

See SARS, Unemployment Insurance Fund, web page, retrieved 13 October 2026.

COIDA section 80(1)–(3) requires an employer carrying on business in South Africa to register with the Commissioner and notify changes within seven days, and section 80(4) lets the Commissioner exempt employers referred to in section 84(1)(a) and (b).

80. (1) An employer carrying on business in the Republic shall within the prescribed period and in the prescribed manner register with the commissioner, and shall furnish the commissioner with the prescribed particulars of his business, and shall within a period determined by the commissioner furnish such additional particulars as the commissioner may require. · (2) The particulars referred to in subsection (1) shall be furnished separately in respect of each business carried on by the employer. (3) An employer shall within seven days of any change in the particulars so furnished notify the commissioner of such change. · (4) The commissioner may exempt employers referred to in section 84(1)(a) and (b) from the provisions of this section.

See Compensation for Occupational Injuries and Diseases Act 130 of 1993, s. 80(1)–(4); Government Gazette 15158, 6 October 1993; retrieved 13 October 2026.

Skills Development Levies Act section 3(1)–(2), as substituted in 2017, imposes the levy at one per cent of the leviable amount or at a rate the Minister announces in the national budget.

88. (1) The following section is hereby substituted for section 3 of the Skills Development Levies Act, 1999: ‘‘Imposition of levy 3. (1) Every employer must pay a skills development levy— (a) (i) from 1 April 2000, at a rate of 0,5 per cent of the leviable amount; and (ii) from 1 April 2001, at a rate of one per cent of the leviable amount; or (b) at such a rate as the Minister may announce in the national annual budget contemplated in section 27(1) of the Public Finance Management Act, 1999 (Act No. 1 of 1999), with effect from a date mentioned in that Announcement. (2) If the Minister makes the announcement contemplated in subsection (1)(b), that rate comes into effect on the date determined by the Minister in that announcement and continues to apply for a period of 12 months from that date subject to Parliament passing legislation giving effect to that announcement within that period of 12 months.

See Taxation Laws Amendment Act 17 of 2017, s. 88(1), substituting Skills Development Levies Act 9 of 1999, s. 3; Government Gazette 41342, 18 December 2017; retrieved 13 October 2026.

Skills Development Levies Act section 3(3)–(4), as substituted in 2017, defines the leviable amount as monthly remuneration determined under the Fourth Schedule to the Income Tax Act, subject to listed exclusions, and section 3(5) lets the Minister fix a SETA-specific rate and basis by notice.

(3) For the purposes of subsections (1) and (2), but subject to subsection (4), the leviable amount means the total amount of remuneration, paid or payable, or deemed to be paid or payable, by an employer to its employees during any month, as determined in accordance with the provisions of the Fourth Schedule to the Income Tax Act for the purposes of determining the employer’s liability for any employees’ tax in terms of that Schedule, whether or not such employer is liable to deduct or withhold such employees’ tax. (4) The amount of remuneration referred to in subsection (3) does not include any amount— (a) paid or payable to any person contemplated in paragraphs (c) and (d) of the definition of ‘employee’ in paragraph 1 of the Fourth Schedule to the Income Tax Act, to whom a certificate of exemption has been issued in terms of paragraph 2(5)(a) of that Schedule; (b) paid or payable to any person by way of any pension, superannuation allowance or retiring allowance; (c) contemplated in paragraph (a), (d), (e) or (eA) of the definition of ‘gross income’ in section 1 of the Income Tax Act; (d) payable to a learner in terms of a contract of employment contemplated in section 18(3) of the Skills Development Act. (5) Despite subsection (1), on the request of a SETA, the Minister may, in consultation with the Minister of Finance and by notice in the Gazette, determine from time to time a rate and basis for the calculation of a levy

See Taxation Laws Amendment Act 17 of 2017, s. 88(1), substituting Skills Development Levies Act 9 of 1999, s. 3(3)–(5); Government Gazette 41342, 18 December 2017; retrieved 13 October 2026. The quote stops at the page break inside section 3(5).

Skills Development Levies Act section 3(5)–(7), as substituted in 2017, lets the Minister, on a SETA’s request and in consultation with the Minister of Finance, set by notice a different rate and basis that may not collect less than the standard rate.

payable by employers within the jurisdiction or a part of the jurisdiction of a SETA, different from the rate and basis contemplated in subsection (1)(a) or (b), but subject to subsection (7). (6) The rate and basis determined in a notice in terms of subsection (5) may not have the result that the amount of the levies collected by virtue of 5 such notice is less than the amount of the levies which would have been collected, based on the rate and basis contemplated in subsection (1)(a) or (b). (7) The Minister may, in consultation with the Minister of Finance, determine criteria for purposes of any determination contemplated in 10 subsection (5).

See Taxation Laws Amendment Act 17 of 2017, s. 88(1), substituting Skills Development Levies Act 9 of 1999, s. 3(5)–(7); Government Gazette 41342, 18 December 2017; retrieved 13 October 2026. The quote continues section 3(5) after the page break.

The Revenue Laws Second Amendment Act 44 of 2024 adds paragraph (eD) of the gross income definition to the leviable-amount exclusions from 1 September 2024.

6. (1) Section 3 of the Skills Development Levies Act, 1999, is hereby amended by the substitution in subsection (4) for paragraph (c) of the following paragraph: ‘‘(c) contemplated in paragraph (a), (d), (e) [or], (eA) or (eD) of the definition of ‘gross income’ in section 1 of the Income Tax Act;’’. 25 (2) Subsection (1) comes into operation on 1 September 2024.

See Revenue Laws Second Amendment Act 44 of 2024, s. 6; Government Gazette 51828, 24 December 2024; retrieved 13 October 2026.

SARS lists the employers exempt from the levy, including public service employers, qualifying public entities and public benefit organisations, certain municipalities, and employers whose leviable amount over the next 12 months will not exceed R500 000.

The following employers are exempt from paying SDL— - Any public service employer in the national or provincial sphere of Government. (These employers must budget for an amount equal to the levies due for training and education of their employees). - Any national or provincial public entity, if 80% or more of its expenditure is paid directly or indirectly from funds voted by Parliament. (These employers must budget for an amount equal to the due for training and education of their employees). - Any public benefit organisation (PBO), exempt from paying Income Tax in terms of Section 10(1) (cN) of the Income Tax Act No.58 of 1962, which only carries on certain educational, welfare, humanitarian, health care, religion, belief or philosophy public benefit activities or only provides funds to these PBO and to whom a letter of exemption has been issued by the Tax Exemption Unit (TEU). - Any municipality to which a certificate of exemption is issued by the Minister of Higher Education and Training. - Any employer whose total remuneration subject to SDL (leviable amount) paid/due to all its employees over the next 12 month period won’t exceed R500 000. If this is the reason for exemption, these types of employers are not required to register to pay SDL.

See SARS, Skills Development Levy, web page, retrieved 13 October 2026.

For a dismissal not automatically unfair, the employer must show a fair reason and fair procedure.

In cases where the dismissal is not automatically unfair, the employer must show that the dismissal was for a fair reason and in accordance with a fair procedure.

See GN3470 of 2025, Gazette53294, para.5(4), printed p.6.

Probation serves performance and suitability assessment before confirmation.

The purpose of probation is to give the employer an opportunity to evaluate the employee's performance and suitability for employment before confirming the appointment.

See GN3470 of 2025, Gazette53294, para.15(1), printed p.11.

Probation should be predetermined and reasonable by reference to the job and suitability assessment.

The period of probation should be determined in advance and be of a reasonable duration. The length of the probationary period should be determined with reference to the nature of the job and the time it takes to determine the employee's suitability for continued employment.

See GN3470 of 2025, Gazette53294, para.16, printed p.11.

The Code calls for reasonable appropriate guidance during probation.

During probation an employer should give an employee reasonable guidance, appropriate to the nature and size of the employer and the job, which may include instruction, training or counselling, in order to allow the employee an opportunity to render a satisfactory service.

See GN3470 of 2025, Gazette53294, para.17, printed p.12.

Dismissal or extension follows an opportunity for representations and consideration of them.

An employer may only decide to dismiss an employee or extend the probationary period after the employer has given the employee the opportunity to make representations and the employer has considered any representations made.

See GN3470 of 2025, Gazette53294, para.18(1), printed p.12.

Labour Relations Act section 198B(3)–(5) permits fixed terms beyond three months only for limited-duration work or another justifiable reason, deeming other contracts indefinite.

(3) An employer may employ an employee on a fixed term contract or successive fixed term contracts for longer than three months of employment only if— (a) the nature of the work for which the employee is employed is of a limited or definite duration; or (b) the employer can demonstrate any other justifiable reason for fixing the term of the contract. (4) Without limiting the generality of subsection (3), the conclusion of a fixed term contract will be justified if the employee— (a) is replacing another employee who is temporarily absent from work; (b) is employed on account of a temporary increase in the volume of work which is not expected to endure beyond 12 months; (c) is a student or recent graduate who is employed for the purpose of being trained or gaining work experience in order to enter a job or profession; (d) is employed to work exclusively on a specific project that has a limited or defined duration; (e) is a non-citizen who has been granted a work permit for a defined period; (f) is employed to perform seasonal work; (g) is employed for the purpose of an official public works scheme or similar public job creation scheme; (h) is employed in a position which is funded by an external source for a limited period; or (i) has reached the normal or agreed retirement age applicable in the employer’s business. (5) Employment in terms of a fixed term contract concluded or renewed in contravention of subsection (3) is deemed to be of indefinite duration.

See Labour Relations Amendment Act 6 of 2014, s. 38, inserting Labour Relations Act 66 of 1995, s. 198B(3)–(5); Government Gazette 37921, 18 August 2014; retrieved 13 October 2026.

Labour Relations Act section 198B(2) excludes employees above the threshold, small or newly established employers subject to exceptions, and fixed terms permitted by statute, sectoral determination or collective agreement.

(2) This section does not apply to— (a) employees earning in excess of the threshold prescribed by the Minister in terms of section 6(3) of the Basic Conditions of Employment Act; 50 (b) an employer that employs less than 10 employees, or that employs less than 50 employees and whose business has been in operation for less than two years, unless— (i) the employer conducts more than one business; or (ii) the business was formed by the division or dissolution for any 55 reason of an existing business; and No. 37921 GOVERNMENT GAZETTE, 18 August 2014 Act No. 6 of 2014 38 Labour Relations Amendment Act, 2014 38 (c) an employee employed in terms of a fixed term contract which is permitted by any statute, sectoral determination or collective agreement.

See Labour Relations Amendment Act 6 of 2014, s. 38, inserting Labour Relations Act 66 of 1995, s. 198B(2); Government Gazette 37921, 18 August 2014; retrieved 13 October 2026. The quote preserves the Gazette page header the text layer places inside the subsection.

Labour Relations Act section 198B(6)–(8)(a) requires a written offer stating the reason and places the burden of proof on the employer.

(6) An offer to employ an employee on a fixed term contract or to renew or extend a fixed term contract, must— (a) be in writing; and (b) state the reasons contemplated in subsection (3)(a) or (b). (7) If it is relevant in any proceedings, an employer must prove that there was a justifiable reason for fixing the term of the contract as contemplated in subsection (3) and that the term was agreed. (8) (a) An employee employed in terms of a fixed term contract for longer than three months must not be treated less favourably than an employee employed on a permanent basis performing the same or similar work, unless there is a justifiable reason for different treatment.

See Labour Relations Amendment Act 6 of 2014, s. 38, inserting Labour Relations Act 66 of 1995, s. 198B(6)–(8)(a); Government Gazette 37921, 18 August 2014; retrieved 13 October 2026.

BCEA section 36 excludes an employee who works less than 24 hours a month for an employer from the termination chapter, including notice and severance.

36. This Chapter does not apply to an employee who works less than 24 hours in a month for an employer.

See Basic Conditions of Employment Act 75 of 1997, s. 36, original Gazette 18491, 5 December 1997; retrieved 13 October 2026.

BCEA section 37(1)–(2), as substituted in 2002, sets minimum notice of one, two or four weeks by length of employment.

8. Section 37 of the principal Act is amended by the substitution for subsection (1) of the following subsection: “( 1) Subject to section38, a contract of employment terminable at the instance of a party to the contract may be terminated only on notice of not less than- 25 ( a ) one week, if the employee has been employed for [four weeks] six months or less; (b) two weeks, if the employee has been employed for more than [four weeks] six months but not more than one year; ( c ) four weeks, if the employee- 30 (i) has been employed for one year or more; or (ii) is a farm worker or domestic worker who has been employed for more than [four weeks] six months. (2) (a) A collective agreement may not permit a notice period shorter than that required by subsection (1). 35 (a), jb) Despite paragraph a collective agreementmay permit the notice period of four weeks required by subsection (l)(c)(i) to be reduced to not less than two weeks.”.

See Basic Conditions of Employment Amendment Act 11 of 2002, s. 8; Government Gazette 23539, 24 June 2002; retrieved 13 October 2026. Words in square brackets are deletions shown in the amending Act.

BCEA section 37(3)–(4) bars longer employee notice, requires written notice and requires oral explanation to an employee who cannot understand it.

(3) No agreement may require or permit an employee to give a period of notice longer than that required of the employer. (4) (u) Notice of termination of a contract of employment must be given in writing, except when it is given by an illiterate employee. (b) If an employee who receives notice of termination is not able to understand it. the 40 notice must be explained orally by, or on behalf of. the employer to the employee in an official language the employee reasonably understands.

See Basic Conditions of Employment Act 75 of 1997, s. 37(3)–(4), original Gazette 18491, 5 December 1997; retrieved 13 October 2026.

Labour Relations Act section 189(1) requires consultation before operational-requirements dismissals, with the affected employees or their representatives where no other consulting party exists.

189. ( I ) When an employercontemplatesdismissing oneor more employees for reasons based on the employer’s operational requiren~ents. the employer must consult( ( 7 ) any person whom the employer is required to consult in terms of a collective 30 ( h ) if there is no collective agreement that requires consultation- a workplace forum, if the employees likely IO be affected by the (i) proposed dismissals are employed in a workplace in respect of which there is a workplaceforum; (ii) anyregistered trade union whosemembersare likely to be 35 affected by the proposed dismissals: (c) if thereis no workplace forum in the workplace inwhich the employees likely to be affectedby theproposed dismissals are employed, any registeredrrade union whose members are likelyto be dismissals; or 40 byaffected proposed the ( d ) if there is no such trade union, the employees likely to be affected by the proposed dismissals or their representatives nominated for that purpose.

See Labour Relations Amendment Act 12 of 2002, s. 44, substituting Labour Relations Act 66 of 1995, s. 189(1); Government Gazette 23540, 24 June 2002; retrieved 13 October 2026. The text layer runs words together; the quote preserves that rendering.

Labour Relations Act section 189(2) requires consensus-seeking on avoiding and mitigating dismissals, selection and severance.

(2) Themployerandtheotherconsultingpartiesmust in the consultation envisaged by subsections (1) and (3) engage in a meaningful 45 joint consensus-seeking process and attemptto reach consensus on( a ) appropriate measures(i)to avoidthe dismissals; (ii) to minimise the number of dismiss&; (iii) to change timing the of the dismissals; and 50 (iv) to mitigate the adverse effects of the dismissals; (b) the method for selecting the employees to be dismissed; and ( e ) the severance pay for dismissed employees.

See Labour Relations Amendment Act 12 of 2002, s. 44, substituting Labour Relations Act 66 of 1995, s. 189(2); Government Gazette 23540, 24 June 2002; retrieved 13 October 2026. The text layer runs words together; the quote preserves that rendering.

BCEA section 41(4) disentitles an employee who unreasonably refuses alternative employment from statutory severance pay.

(4) An employee who unreasonably refuses to accept the employer’s offer of alternative employment with that employer or any other employer, is not entitled to 50 severance pay in terms of subsection (2).

See Basic Conditions of Employment Act 75 of 1997, s. 41(4), original Gazette 18491, 5 December 1997; retrieved 13 October 2026.

BCEA section 41(2), as substituted in 2002, requires severance pay of at least one week’s remuneration per completed year of continuous service.

9. Section 41 of the principal Act is amended by the substitution for subsection ( 2 ) of 40 the following subsection: “ ( 2 )An employer must pay an employee who is dismissed for reasons based on themployer’soperationalrequirementsorwhosecontract of employment terminates or is terminated in terms of section 38 of the Insolvency Act. 1936 (Act No. 24 of 19361, severance pay equal to at least one week’s remuneration for each 45 completed year of continuous service with that employer, calculatedin accordance with section 35.”.

See Basic Conditions of Employment Amendment Act 11 of 2002, s. 9, substituting BCEA s. 41(2); Government Gazette 23539, 24 June 2002; retrieved 13 October 2026.

Bowmans states that a restraint of trade is valid and enforceable unless the party challenging it shows it to be unreasonable.

While the legal position in South Africa is that a restraint of trade agreement is valid and enforceable, unless it is shown by the party challenging it to be unreasonable, the two judgments handed down by the LAC demonstrate the evidence that will need to be led by the employer and the conservative approach adopted by our courts when determining the reasonableness of a long restraint.

See Bowmans (collective byline), Reasonableness of a two-year restraint of trade, undated web page; retrieved 13 October 2026.

Bowmans states that a protectable proprietary interest, such as confidential information or customer connections, must be established to enforce a restraint.

A protectable proprietary interest, such as confidential information or customer connections, must be established to justify enforcement of a restraint.

See Bowmans (collective byline), The Labour Appeal Court confirms that dismissed employees are still required to comply with their restraint of trade obligations, undated web page; retrieved 13 October 2026.

Norton Rose Fulbright South Africa states that preventing competition for skilled labour is not a protectable interest.

South African courts have held that the mere prevention of competition for skilled labour is not a proprietary interest that justifies protection in a restraint. Employees are entitled to use the general knowledge and skills acquired during employment with a particular employer once they leave its employment, even if their new employer benefits from such knowledge and skills.

See Steven Adams, Norton Rose Fulbright South Africa, Enforcing employee restraints of trade after termination of employment, February 2016; retrieved 13 October 2026.

Bowmans reports that courts may reduce a restraint’s duration absent compelling reasons for it.

In this regard, in the absence of convincing and compelling reasons that justify the duration of the restraint, our courts may reduce the operation of an otherwise reasonable restraint to a period that, in its judgement, will sufficiently protect the interest sought to be protected, while also protecting an employee’s freedom of trade.

See Bowmans (collective byline), Reasonableness of a two-year restraint of trade, undated web page; retrieved 13 October 2026.

Copyright Act section 21(1)(d)–(e), as substituted in 1980, makes the employer owner of copyright in work made in the course of employment, outside the newspaper-and-periodical and commissioned-work cases in paragraphs (b) and (c) and subject to contrary agreement.

(d) Where in a case not falling within either paragraph (b) or (c) a work is made in the course of the author's employment by another person under a contract of service or apprenticeship, that other person shall be the owner of any copyright subsisting in the work by virtue o section 3 or 4. (e) Paragraphs (b), (c) and (d) shall in any particul case have effect subject to any agreement excluding the operation thereof and subject to the provisions of section 20.

See Copyright Amendment Act 56 of 1980, substituting Copyright Act 98 of 1978, s. 21(1)(d)–(e); retrieved 13 October 2026. The text layer drops some characters; the quote preserves that rendering.

Copyright Act section 22(3) gives no effect to an assignment of copyright unless it is in writing signed by or on behalf of the assignor.

(3) No assignment of copyright and no exclusive lice~ce tod~ an act which is subject to copyright shall have effect unless it is in writing signed by or on behalf of the assignor, the licenser or, in the case of an 5 exclusive sublicence, the exclusive sublicenser, as the case may be.

See Copyright Act 98 of 1978, s. 22(3), original Gazette 6092, 30 June 1978; retrieved 13 October 2026. The text layer garbles some characters; the quote preserves that rendering.

Patents Act section 59(2) voids employment terms reaching inventions outside the course and scope of employment or more than one year after termination.

(2) Any condition in a contract of employment which( a) requires an employee to assign to his employer an invention made by him otherwise than within the course and scope of his employment; or . . (b) .restricts the right of an employee in.an invention made 15 .. by him more than one year after the termination of the contract of employment, . .' shall be null and void.

See Patents Act 57 of 1978, s. 59(2), original Gazette 6012, 17 May 1978; retrieved 13 October 2026. The text layer includes margin marks; the quote preserves that rendering.

POPIA section 18(1) requires reasonably practicable steps to make the data subject aware of the listed matters.

18. (1) If personal information is collected, the responsible party must take reasonably practicable steps to ensure that the data subject is aware of— (a) the information being collected and where the information is not collected from the data subject, the source from which it is collected; (b) the name and address of the responsible party; (c) the purpose for which the information is being collected; (d) whether or not the supply of the information by that data subject is voluntary or mandatory; (e) the consequences of failure to provide the information; (f) any particular law authorising or requiring the collection of the information; (g) the fact that, where applicable, the responsible party intends to transfer the information to a third country or international organisation and the level of protection afforded to the information by that third country or international organisation; (h) any further information such as the— (i) recipient or category of recipients of the information; (ii) nature or category of the information; (iii) existence of the right of access to and the right to rectify the information collected; (iv) existence of the right to object to the processing of personal information as referred to in section 11(3); and (v) right to lodge a complaint to the Information Regulator and the contact details of the Information Regulator, which is necessary, having regard to the specific circumstances in which the information is or is not to be processed, to enable processing in respect of the data subject to be reasonable.

See Protection of Personal Information Act 4 of 2013, s. 18(1); Government Gazette 37067, 26 November 2013; retrieved 13 October 2026.

POPIA section 18(2) requires the steps before collection where information is collected directly from the data subject.

(2) The steps referred to in subsection (1) must be taken— (a) if the personal information is collected directly from the data subject, before the information is collected, unless the data subject is already aware of the information referred to in that subsection; or 20 25 30 35 40 45 50 No. 37067 GOVERNMENT GAZETTE, 26 November 2013 Act No. 4 of 2013 32 Protection of Personal Information Act, 2013 32 (b) in any other case, before the information is collected or as soon as reasonably practicable after it has been collected.

See Protection of Personal Information Act 4 of 2013, s. 18(2); Government Gazette 37067, 26 November 2013; retrieved 13 October 2026.

POPIA section 18(3)–(4) covers repeat collection for the same purpose and lists exceptions to the notification duty.

(3) A responsible party that has previously taken the steps referred to in subsection (1) complies with subsection (1) in relation to the subsequent collection from the data subject of the same information or information of the same kind if the purpose of collection of the information remains the same. (4) It is not necessary for a responsible party to comply with subsection (1) if— (a) the data subject or a competent person where the data subject is a child has provided consent for the non-compliance; (b) non-compliance would not prejudice the legitimate interests of the data subject as set out in terms of this Act; (c) non-compliance is necessary— (i) to avoid prejudice to the maintenance of the law by any public body, including the prevention, detection, investigation, prosecution and punishment of offences; (ii) to comply with an obligation imposed by law or to enforce legislation concerning the collection of revenue as defined in section 1 of the South African Revenue Service Act, 1997 (Act No. 34 of 1997); (iii) for the conduct of proceedings in any court or tribunal that have been commenced or are reasonably contemplated; or (iv) in the interests of national security; (d) compliance would prejudice a lawful purpose of the collection; (e) compliance is not reasonably practicable in the circumstances of the particular case; or (f) the information will— (i) not be used in a form in which the data subject may be identified; or (ii) be used for historical, statistical or research purposes.

See Protection of Personal Information Act 4 of 2013, s. 18(3)–(4); Government Gazette 37067, 26 November 2013; retrieved 13 October 2026.

POPIA section 21(1) requires a written contract under which the operator maintains the section 19 security measures.

21. (1) A responsible party must, in terms of a written contract between the 10 responsible party and the operator, ensure that the operator which processes personal information for the responsible party establishes and maintains the security measures referred to in section 19.

See Protection of Personal Information Act 4 of 2013, s. 21(1); Government Gazette 37067, 26 November 2013; retrieved 13 October 2026.

POPIA section 57(1)(d) requires prior authorisation before transferring special personal information to a foreign country without adequate protection; section 57(3) disapplies this where a sector code of conduct is in force, and section 57(4) requires authorisation only once for unchanged processing.

57. (1) The responsible party must obtain prior authorisation from the Regulator, in terms of section 58, prior to any processing if that responsible party plans to— (a) process any unique identifiers of data subjects— (i) for a purpose other than the one for which the identifier was specifically intended at collection; and (ii) with the aim of linking the information together with information processed by other responsible parties; (b) process information on criminal behaviour or on unlawful or objectionable conduct on behalf of third parties; (c) process information for the purposes of credit reporting; or (d) transfer special personal information, as referred to in section 26, or the personal information of children as referred to in section 34, to a third party in a foreign country that does not provide an adequate level of protection for the processing of personal information as referred to in section 72. (2) The provisions of subsection (1) may be applied by the Regulator to other types of information processing by law or regulation if such processing carries a particular risk for the legitimate interests of the data subject. (3) This section and section 58 are not applicable if a code of conduct has been issued and has come into force in terms of Chapter 7 in a specific sector or sectors of society. (4) A responsible party must obtain prior authorisation as referred to in subsection (1) only once and not each time that personal information is received or processed, except where the processing departs from that which has been authorised in accordance with the provisions of subsection (1).

See Protection of Personal Information Act 4 of 2013, s. 57(1)–(4); Government Gazette 37067, 26 November 2013; retrieved 13 October 2026.

POPIA section 72(1) permits transfers to a third party in a foreign country only on the listed grounds.

72. (1) A responsible party in the Republic may not transfer personal information about a data subject to a third party who is in a foreign country unless— (a) the third party who is the recipient of the information is subject to a law, 45 binding corporate rules or binding agreement which provide an adequate level of protection that— (i) effectively upholds principles for reasonable processing of the information that are substantially similar to the conditions for the lawful processing of personal information relating to a data subject who is a 50 natural person and, where applicable, a juristic person; and No. 37067 GOVERNMENT GAZETTE, 26 November 2013 Act No. 4 of 2013 78 Protection of Personal Information Act, 2013 78 (ii) includes provisions, that are substantially similar to this section, relating to the further transfer of personal information from the recipient to third parties who are in a foreign country; (b) the data subject consents to the transfer; (c) the transfer is necessary for the performance of a contract between the data 5 subject and the responsible party, or for the implementation of pre-contractual measures taken in response to the data subject’s request; (d) the transfer is necessary for the conclusion or performance of a contract concluded in the interest of the data subject between the responsible party and 10 a third party; or (e) the transfer is for the benefit of the data subject, and— (i) it is not reasonably practicable to obtain the consent of the data subject to that transfer; and (ii) if it were reasonably practicable to obtain such consent, the data subject 15 would be likely to give it.

See Protection of Personal Information Act 4 of 2013, s. 72(1); Government Gazette 37067, 26 November 2013; retrieved 13 October 2026. The quote preserves the Gazette page header that the text layer places inside the subsection.

Employment Equity Act section 6(1) prohibits unfair discrimination against an employee in any employment policy or practice on listed grounds.

6. (I) No person may unfairly discriminate, directly or indirectly, against an employee. in any employment policy or practice. on one or more grounds. including race. gender. sex. pregnancy. marital status. family responsibility, ethnic or social origin, 15 colour. sexual orientation. age, disability, religion, HIV status, conscience, belief. political opinion, culture. language and birth.

See Employment Equity Act 55 of 1998, s. 6(1), original Gazette 19370; retrieved 13 October 2026.

The 2013 amendment substitutes Employment Equity Act section 6(1) so that unfair discrimination is prohibited on the listed grounds or on any other arbitrary ground.

3. Section 6 of the principal Act is hereby amended— (a) by the substitution for subsection (1) of the following subsection: ‘‘(1) No person may unfairly discriminate, directly or indirectly, against an employee, in any employment policy or practice, on one or 35 more grounds, including race, gender, sex, pregnancy, marital status, family responsibility, ethnic or social origin, colour, sexual orientation, age, disability, religion, HIV status, conscience, belief, political opinion, culture, language, [and] birth or on any other arbitrary ground.’’; and

See Employment Equity Amendment Act 47 of 2013, s. 3(a); retrieved 13 October 2026. Words in square brackets are deletions shown in the amending Act.

Employment Equity Act section 7 prohibits medical testing unless legislation permits or requires it or it is justifiable on listed grounds, and prohibits HIV testing unless the Labour Court determines it justifiable.

7. (I) Medical testing of an employee is prohibited, unless25 (a) legislation permits or requires the testing; or (h) it is justifiable in the light of medical facts, employment conditions, social policy. the fair distribution of employee benefits or the inherent requirements of a job. (2) Testing of an employee to determine that employee's HIV status is prohibited 30 unless such testing is determined to be justifiable by the Labour Court in terms of section 50( 4) of this Act.

See Employment Equity Act 55 of 1998, s. 7(1)–(2), original Gazette 19370; retrieved 13 October 2026.

Employment Equity Act section 12 applies Chapter III only to designated employers.

12. Except where otherwise provided, this Chapter applies only to designated employers.

See Employment Equity Act 55 of 1998, s. 12, original Gazette 19370; retrieved 13 October 2026.

The Employment Equity Act definition of designated employer covers employers with 50 or more employees and employers designated by collective agreement, among others; paragraph (b) was later deleted.

"designated employer" means(aJ an employer who employs 50 or more employees; ( b) an employer who employs fewer that 50 employees, but has a total annual turnover that is equal to or above the applicable annual turnover of a small business in terms of Schedule 4 to this Act; ( c) a municipality, as referred to in Chapter 7 of the Constitution; ( d) an organ of state as defined in section 239 of the Constitution, but excluding local spheres of government, the National Defence Force, the National Intelligence Agency and the South African Secret Service; and ( e) an employer bound by a collective agreement in terms of section 23 or 31 of the Labour Relations Act, which appoints it as a designated employer in terms of this Act, to the extent provided for in the agreement;

See Employment Equity Act 55 of 1998, s. 1, definition of designated employer, original Gazette 19370; retrieved 13 October 2026. Act 47 of 2013, from 1 August 2014, removed local spheres of government from the paragraph (d) exclusions; paragraph (b), the turnover limb, was deleted by Act 4 of 2022 from 1 January 2025.

The Employment Equity Amendment Act 47 of 2013 substitutes paragraph (d) of the definition of designated employer, removing local spheres of government from the organs of state it excludes.

1. Section 1 of the Employment Equity Act, 1998 (hereinafter referred to as the 5 principal Act), is hereby amended— (a) by the substitution in the definition of ‘‘designated employer’’ for paragraph (d) of the following paragraph: ‘‘(d) an organ of state as defined in section 239 of the Constitution, but excluding [local spheres of government,] the National Defence 10 No. 37238 GOVERNMENT GAZETTE, 16 January 2014 Act No. 47 of 2013 4 Employment Equity Amendment Act, 2013 4 Force, the National Intelligence Agency and the South African Secret Service; and’’;

See Employment Equity Amendment Act 47 of 2013, s. 1(a); Government Gazette 37238, 16 January 2014; retrieved 13 October 2026. The bracketed words are those the amendment deletes.

The Employment Equity Amendment Act deletes the turnover limb of the definition of designated employer.

1. Section 1 of the Employment Equity Act, 1998 (Act No. 55 of 1998) (hereinafter referred to as the principal Act), is hereby amended— (a) by the deletion of paragraph (b) of the definition of ‘‘designated employer’’; (b) by the insertion, after the definition of ‘‘Minister’’, of the following definition: ‘‘ ‘National Minimum Wage Commission’ means the Commission 10 established in terms of section 8 of the National Minimum Wage Act, 2018 (Act No. 9 of 2018);’’; (c) by the substitution for the definition of ‘‘people with disabilities’’ of the following definition: ‘‘ ‘people with disabilities’ [means] includes people who have a 15 long-term or recurring physical [or], mental, intellectual or sensory impairment which, in interaction with various barriers, may substantially [limits] limit their prospects of entry into, or advancement in, employment, and ‘persons with disabilities’ has a corresponding meaning;’’;

See Employment Equity Amendment Act 4 of 2022, s. 1(a); Government Gazette 48418, 14 April 2023; retrieved 13 October 2026.

Immigration Act section 38(1)–(2) prohibits employing a foreigner whose status does not authorise the employment and requires a good faith effort to ascertain status.

38. ( 1 ) No person shall employ(a) an illegal foreigner; ( b ) ajoreigner whose status does not authorise him or herto be employed by such 20 person; or ( c ) aforeigner on terms.conditions or in a capacitydifferentfromthose contemplated in suchforeigner’s status. ( 2 ) An employer shall makea good faith efforto ascertain thatno illegal foreigner is employed by him or her or to ascertain the status or citizenship of those whom he or she 25 employs.

See Immigration Act 13 of 2002, s. 38(1)–(2), original Gazette text; retrieved 13 October 2026. The text layer runs some words together; the quote preserves that rendering.