Basic employee rights in South Africa
1.
Labour Laws Overview
Key Legislation:
Labour Relations Act (LRA): Governs workplace relations, dispute resolution, unfair dismissal, and collective bargaining.
Basic Conditions of Employment Act (BCEA): Sets minimum employment standards including working hours, leave, and contracts.
Employment Equity Act (EEA): Protects against workplace discrimination and promotes equal opportunity.
Occupational Health and Safety Act (OHSA): Ensures safe and healthy working conditions.
Skills Development Act (SDA): Supports employee training and professional growth.
Important Rights Under Labour Law:
Protection against unfair dismissal, discrimination, and harassment.
Right to join a trade union or participate in collective bargaining.
Right to receive written contracts outlining employment terms.
Access to dispute resolution via the CCMA or labour courts.
2.
Minimum Wage
National Minimum Wage (as of 2025):
Currently R25.42 per hour for most sectors.
Specific sectors (domestic work, farm work, learnerships) may have different rates.
Rights Related to Wages:
Employees must be paid at least the minimum wage.
Payment must be on time and in full, according to the agreed pay schedule (weekly, biweekly, or monthly).
Employers must provide payslips showing basic pay, deductions (tax, UIF, pension), and net pay.
Overtime must be compensated at 1.5 times the normal hourly rate for ordinary overtime and double pay for Sundays/public holidays if worked.
Deductions:
Only lawful deductions are permitted: tax, UIF, pension/provident fund, and other voluntary deductions with employee consent.
3.
Working Hours and Overtime
Normal Working Hours: Maximum of 45 hours per week (usually 9 hours per day for a 5-day week).
Overtime: Maximum 10 hours per week.
Rest Periods: Employees are entitled to a 12-hour rest between shifts and a 36-hour continuous rest over weekends.
4.
Leave Entitlements
1. Annual Leave:
Full-time employees are entitled to 21 consecutive days of paid leave per year (or 1 day for every 17 days worked).
Leave must be approved by the employer but cannot be unreasonably denied.
Unused leave can be carried over, but must typically be used within 6 months of the next leave cycle.
2. Sick Leave:
Employees are entitled to 6 weeks of paid sick leave over a 36-month cycle.
During the first 6 months of employment, sick leave is calculated pro-rata.
Employers can request medical certificates for absences longer than 2 consecutive days.
3. Maternity Leave:
Female employees are entitled to 4 months unpaid leave for childbirth.
Leave can start 4 weeks before birth or earlier if medically necessary.
Employers must not dismiss or discriminate against pregnant employees.
4. Family Responsibility Leave:
Eligible employees are entitled to 3 days paid leave per year for family emergencies (birth of a child, sick child, or death in the immediate family).
5. Public Holidays:
Employees are entitled to paid public holidays recognized nationally.
If an employee works on a public holiday, they are entitled to double pay or a day off in lieu.
5.
Protection Against Unfair Treatment
Unfair Dismissal:
Employees cannot be dismissed without a fair reason (misconduct, incapacity, operational requirements).
Employers must follow proper disciplinary procedures.
Employees can lodge disputes with the CCMA within 30 days of dismissal.
Discrimination and Harassment:
Employees are protected from unfair discrimination based on race, gender, age, religion, disability, sexual orientation, or pregnancy.
Harassment, bullying, or victimization in the workplace is illegal.
Safe Working Environment:
Employers must provide a safe and healthy workplace under the Occupational Health and Safety Act.
Employees have the right to refuse unsafe work and report hazards without fear of retaliation.
6.
How to Enforce Your Rights
Keep records of employment contracts, payslips, and correspondence.
Raise concerns internally first with HR or management.
Lodge disputes with the CCMA if internal resolution fails.
For civil claims (e.g., unpaid wages), you can approach the labour court or Small Claims Court.
Seek advice from trade unions or legal aid organizations.