What should a founder settle before hiring in South Africa?
For employment covered by Chapter Four of South Africa's Basic Conditions of Employment Act (BCEA), the employer must supply written employment particulars when the employee starts; employment below 24 hours a month is excluded and the fewer-than-five-employees exception affects only specified fields and sections. An offer-preparation record identifies the employer, employee, actual role and work locations, working hours and pay before terms are agreed.
A decision record covers: the employing legal entity and address; the employee's role and actual work locations; start date; indefinite or fixed-term employment; ordinary days and hours; gross pay and benefits; and the person responsible for payroll and onboarding. For a remote hire, the employer's address and the employee's actual workplace are distinct facts. An employer-of-record arrangement, contractor engagement or cross-border employment needs its own analysis.
This guide helps prepare an ordinary employee offer and review a draft using the South Africa hiring checklist. It covers selected written particulars, pay instruments and dismissal/probation safeguards. It does not determine worker classification, bargaining-council coverage, immigration, payroll registrations, tax, employment equity, IP ownership or employee-data obligations. Those workstreams remain separate preparation tasks.
The official BCEA original supplies a useful particulars baseline, but it is not a current consolidated Act. Section 28 excludes an employee working less than 24 hours a month for an employer from Chapter Four. For an employer with fewer than five employees, section 28(2)(a) excludes only sections 29(1)(n), (o), (p), 30, 31 and 33; the other written particulars remain outside that narrow exemption. Act 11 of 2002 deleted the domestic-worker exception in section 28(2)(b), so domestic-worker status supplies no separate exception under that subsection. The current applicable text and the employer's coverage determine the duty; collecting the full particulars remains a practical drafting choice even where a particular statutory field is exempt.
Sources for this answer
BCEA section 29 requires supplying written particulars on 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), original Gazette 18491, 5 December 1997, printed p. 28.
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 particulars include ordinary hours/days, wage calculation, overtime and cash payments.
(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.
Original particulars include frequency, deductions and leave.
(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.
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.
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.
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.
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).
Original section 29 addresses supplying changed particulars and understandable explanation.
(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(2)(b)–(4), original Gazette 18491, printed p. 30.
Original section 29(4) requires three-year post-termination retention of written particulars.
(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(4), original Gazette 18491, printed p. 30.
What must written employment particulars in South Africa contain?
Where South Africa's Basic Conditions of Employment Act section 29 applies, the employer must supply written particulars of the role, workplace, commencement, hours and remuneration, revise changed particulars and, if the employee cannot understand them, ensure an explanation in a language and manner the employee understands. The applicable inventory and accessible incorporated documents depend on the section 28 coverage qualifications.
BCEA section 29's baseline includes employer identity/address; employee name and occupation or work description; workplace(s); commencement; ordinary hours/days; wage or calculation method; overtime rate; cash and in-kind payments and their value; pay frequency; deductions; leave; and notice or a specified end date. It also lists the applicable council/sectoral determination, recognised prior employment and other contractual documents with an accessible copy location. The section 28 coverage qualifications limit that inventory.
That inventory exposes gaps in a salary-only letter. A complete preparation packet includes the hours/pay schedule, completed leave schedule and incorporated policies or agreements, with versions and the employee’s copy-access route recorded. Section 29 also addresses revised particulars when terms change, understandable explanation where needed, and employer retention. A signature does not replace those information and process steps.
Sources for this answer
BCEA section 29 requires supplying written particulars on 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), original Gazette 18491, 5 December 1997, printed p. 28.
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 particulars include ordinary hours/days, wage calculation, overtime and cash payments.
(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.
Original particulars include frequency, deductions and leave.
(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.
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.
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.
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.
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).
Original section 29 addresses supplying changed particulars and understandable explanation.
(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(2)(b)–(4), original Gazette 18491, printed p. 30.
Original section 29(4) requires three-year post-termination retention of written particulars.
(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(4), original Gazette 18491, printed p. 30.
How do I check salary, minimum wage and working-time coverage?
From 1 March 2026, South Africa's national minimum wage is R30.23 per ordinary hour worked, subject to the specified expanded-public-works and learnership exceptions. Category and sector schedules and the Gazette earnings threshold address different questions about wage and working-time provisions; a monthly salary alone answers neither.
The 2026 notice fixes R30.23 per ordinary hour worked from 1 March 2026, subject to Schedule 1 item 2. Farm and domestic workers have that same rate; expanded public works workers and qualifying learnerships have different treatment. The notice also includes contract-cleaning and wholesale/retail schedules. A monthly salary by itself does not establish the applicable hourly rate, category or higher sector/collective rate. The ordinary-hour calculation and applicable instrument belong in the decision record.
The 2026 BCEA threshold Gazette states R269,600.90 per annum, effective 1 May 2026, and excludes employees earning above it from sections 9, 10, 11, 12, 14, 15, 16, 17(2) and 18(3). The notice uses a defined earnings figure, which need not be identical to gross salary. This is a specific working-time exclusion, not removal of all employment protections. Other coverage rules and contractual or collective terms still require examination.
The Department's 21 April media statement gives a conflicting amount and section list. The figure above is from the Gazette's printed page 3, checked against the retained PDF. The retained Gazette provides the source for that decision record. An earnings-threshold conclusion does not, by itself, answer whether a wage floor applies.
Sources for this answer
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.
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.
Why should I check parental leave before using an old template?
In its 3 October 2025 Van Wyk order, the South African Constitutional Court suspended parental-leave invalidity for 36 months and ordered interim reading-in with different allocation rules for a single or sole employed parent and for two employed parents. The leave schedule depends on the parenting situation, notice and timing qualifications, and any later order or enacted remedy; this research does not certify complete later history or employer-paid leave.
In Van Wyk on 3 October 2025, the Court confirmed constitutional invalidity affecting parental-leave provisions, suspended invalidity for 36 months, and ordered interim reading-in pending remedial legislation. The order distinguishes single parents or a sole employed parent from situations where both parents are employed, with separate allocation, timing and other qualifications. Adoption and commissioning-parent situations also need the relevant order provisions.
A completed leave schedule depends on any enacted remedy or later order, the employee's parenting situation, and the relevant notice and allocation rules. The February 2026 amendment proposal is a Bill, not evidence of enactment. This source review has not established a complete later-order or remedial-legislation history, so it supplies no ready-to-insert parental-leave clause.
Time-off entitlement, any contractual employer-paid leave and UIF benefit arrangements are distinct parts of the schedule. The Court's leave order does not itself establish a general employer-paid promise. Annual, sick and other leave also need a completed applicable-law schedule; this guide does not calculate those entitlements.
Sources for this answer
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.
The interim reading-in provides allocation and notice rules and leaves parental benefit payments subject to the UIF framework.
(4C) If the parties cannot agree on the manner in which the remainder of the parental leave referred to in subsection (4B) is to be taken, such remainder shall be apportioned between the parents in such a way that each parent’s total parental leave is as close as possible to half of four months and ten days, provided that such leave is completed within a period of four months from the birth of the child or, where applicable, from the date referred to in section 25B(2) or 25C(2). (4D) For purposes of subsection (4A), a party shall be deemed to be a party to a parental relationship if such a party has assumed parental rights and responsibilities over the child as contemplated in the Children’s Act, 2005 (Act No. 38 of 2005). (5) An employee must notify an employer in writing, unless the employee is unable to do so, of the date on which the employee intends to— (a) commence parental leave; and (b) return to work after parental leave. (6) Notification in terms of subsection (5) must be given— (a) at least four weeks before the employee intends to commence parental leave; or (b) if it is not reasonably practicable to do so, as soon as is reasonably practicable. (7) The payment of parental benefits will be determined by the Minister subject to the provisions of the Unemployment Insurance Act, 2001 (Act No. 63 of 2001).”
See Van Wyk [2025] ZACC 20, 3 October 2025, order para. 5(a), section 25(4C)–(7), judgment p. 5.
Does South African probation or notice let me dismiss without a fair reason?
No: under South Africa's 2025 Code of Good Practice: Dismissal, a dismissal that is not automatically unfair requires the employer to show a fair reason and fair procedure; probation serves performance and suitability assessment before confirmation. A reasonable job-related probation period and assessment process serve that purpose; probation expiry or a notice clause does not supply automatic authority to dismiss.
For a dismissal that is not automatically unfair, the September 2025 Code says the employer must show a fair reason and fair procedure. Its grounds include conduct, capacity and operational requirements. An offer saying at will, allowing termination merely by notice regardless of fairness, or ending automatically when probation expires would misstate the framework. A notice period does not supply the dismissal reason or process.
The Code calls for a probation period determined in advance and reasonable for the job and the time needed to assess suitability. Standards, assessment dates and appropriate guidance, instruction, training or counselling form part of that process. Before dismissal or extension, the employee has an opportunity to make representations and the employer considers them. The Code recognises that probationary dismissal reasons may be less compelling than after probation; that qualification does not eliminate the process.
The Code took effect on publication on 4 September 2025 and replaced Schedule 8 and the 1999 operational-requirements code. Actual dismissal facts, collective arrangements and applicable notice/fixed-term rules remain separate questions; this guide gives no universal notice period or redundancy procedure.
Sources for this answer
The 2025 Code permits a newly hired employee probation period before confirmation.
An employer may require a newly hired employee to serve a period of probation before the employee's appointment is confirmed.
See GN3470 of 2025, Gazette53294, para.14, printed p.11.
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 not be used to deprive employees of permanent-employment status for other purposes.
Probation should not be used for purposes not contemplated by this Code, to deprive employees of the status of permanent employment.
See GN3470 of 2025, Gazette53294, para.15(2), 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.
Probationary conduct/capacity dismissal reasons may be less compelling than after probation.
Any person deciding about the fairness of a dismissal of an employee related to the employee's conduct or capacity, including poor work performance, during or on expiry of the probationary period, ought to accept, taking into account the purpose of probation, reasons for dismissal that may be less compelling than would be the case in dismissals effected after the completion of the probationary period.
See GN3470 of 2025, Gazette53294, para.18(2), printed p.12.
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.
The Code identifies conduct, capacity and operational requirements as the three possible fair grounds.
The Act lists three grounds on which a dismissal may be fair. These are: the conduct of the employee, the capacity of the employee, and the employer's operational requirements.
See GN3470 of 2025, Gazette53294, para.5(2), printed p.6.
Must the written particulars identify other contract documents?
Where section 29(1)(p) of South Africa's Basic Conditions of Employment Act applies, written particulars supplied when employment starts must list other documents forming part of the contract and indicate a reasonably accessible place to obtain copies; employers with fewer than five employees are exempt from that paragraph. This guide supplies no post-employment restraint clause; a proposed rider remains a separate workstream for fact-specific assessment. That resource boundary is not a conclusion that every restraint is invalid.
As preparation guidance for a South African first offer, a proposed post-employment restraint rider remains outside the offer until an identified reviewer records the protected interest, supporting authority and fact-specific assessment. The rider remains unresolved while that work is incomplete; an unverified default duration, territory or remedy does not resolve it. This resource policy is not a rule that every restraint is invalid. A proposed rider needs the particular confidential information or trade connections to protect, the employee's access and threat facts, restricted activities, duration, territory and less restrictive alternatives. No default duration, geographic limit, non-solicit rule or promise of court rewriting is established here. The underlying research retains an unofficial Reddy reproduction and later-treatment leads, but has not completed authentication and treatment checks for a public restraint-law synthesis.
Completing the document packet before issuing or signing an offer is a preparation recommendation, distinct from the statutory commencement duty and accessible-copy rule above. Confidentiality, IP and employee-data terms need their own substantive review. A confidentiality label does not settle IP ownership, privacy compliance or restraint enforceability. A completed preparation record contains resolved terms and employer/payroll/right-to-work workstreams, filled placeholders, complete documents supplied to the employee, and retained decisions and source versions.
Source review: 28 September 2026. Official wage, threshold, dismissal-Code and judgment PDFs were directly fetched and matched the retained September research hashes. The BCEA particulars discussion uses the original text alongside the confirmed 2002 deletion of section 28(2)(b). The reviewed amendment Acts did not change section 29. Current whole-Act currency, individual coverage and the later parental-leave remedy history remain practical limits; incomplete official later-history listings do not establish comprehensive September currency. No local-lawyer review is claimed. This guide and checklist support preparation, not an all-law compliance certification or a completed employment agreement.
Sources for this answer
BCEA section 29 requires supplying written particulars on 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), original Gazette 18491, 5 December 1997, printed p. 28.
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 particulars include ordinary hours/days, wage calculation, overtime and cash payments.
(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.
Original particulars include frequency, deductions and leave.
(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.
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.
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.
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.
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).
Original section 29 addresses supplying changed particulars and understandable explanation.
(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(2)(b)–(4), original Gazette 18491, printed p. 30.
Original section 29(4) requires three-year post-termination retention of written particulars.
(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(4), original Gazette 18491, printed p. 30.