The Basic Conditions of Employment Act (Act 75 of 1997) sets minimum employment standards including working hours, leave, and termination rules.
The BCEA establishes minimum conditions of employment for all workers in South Africa.
Key provisions:
- Maximum working hours (45 hours per week)
- Overtime pay (1.5x normal rate)
- Meal and rest breaks
- Annual leave (21 consecutive days per year)
- Sick leave (6 weeks paid over 36-month cycle)
- Family responsibility leave (3 days per year)
- Maternity leave (4 consecutive months)
- Paternity leave (10 days)
- Parental leave (10 days)
- Commission and piecework regulations
- Deductions and notice periods
- Certificate of Service requirements
- Sectoral determinations for specific industries
working hoursleaveovertimeminimum standardsmaternity leavesick leave
COIDA (Act 130 of 1993) provides compensation for employees injured or who contract diseases during employment.
COIDA establishes a no-fault compensation system for workplace injuries and diseases.
Key provisions:
- Employer registration and assessment contributions
- Compensation for temporary or permanent disablement
- Medical expenses coverage
- Funeral benefits for fatal accidents
- Occupational disease claims
- Prohibition on suing employers for workplace injuries
- Reporting of accidents and diseases
- Appeals process against Compensation Commissioner decisions
- Rehabilitation and re-employment programs
The Employment Equity Act (Act 55 of 1998) prohibits unfair discrimination in employment and promotes affirmative action for designated groups.
The EEA aims to achieve equity in the workplace.
Key provisions:
- Prohibits unfair discrimination on grounds of race, gender, sex, pregnancy, marital status, family responsibility, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, political opinion, culture, language, birth or HIV status
- Medical testing restrictions
- Psychometric testing requirements (validation, bias-free)
- Affirmative action measures for designated employers (50+ employees)
- Employment equity plans and annual reporting
- Designated groups: Black people, women, people with disabilities
- Compliance assessments and fines
- Employment Equity Commission oversight
- Income differentials disclosure
discriminationaffirmative actionequitydesignated groupshuman rights
The Labour Relations Act (Act 66 of 1995) governs employment relations in South Africa, promoting collective bargaining, workplace forums, and fair dismissal practices.
The Labour Relations Act (LRA) is the primary law governing employment relations in South Africa. It establishes the Commission for Conciliation, Mediation and Arbitration (CCMA), the Labour Court, and the Labour Appeal Court.
Key provisions:
- Freedom of association and protection of trade union rights
- Collective bargaining and workplace forums
- Regulation of strikes and lock-outs
- Unfair dismissal and unfair labour practice protections
- Automatically unfair dismissals (discrimination, whistleblowing, etc.)
- Severance pay for operational requirement dismissals
- Transfer of employment contracts (section 197)
- Powers and processes of the CCMA
- Labour Court jurisdiction and appeals
dismissalCCMAunfair labour practicecollective bargainingstriketrade union
The National Minimum Wage Act (Act 9 of 2018) establishes a national minimum wage for all workers in South Africa.
Key provisions of the National Minimum Wage Act:
- National minimum wage rate (adjusted annually)
- Applicable to all workers except specific categories
- Farm, domestic, and EPWP worker rates
- Prohibition on reducing wages to offset minimum wage
- Deductions restrictions
- Enforcement by Department of Employment and Labour
- Penalties for non-compliance
- Annual review by the National Minimum Wage Commission