Basic Conditions of Employment Act: Leave Entitlement
BCEA: Leave Entitlement – What Employers Must Provide Leave is one of the most frequently mismanaged areas of South African employment law. Employers routinely miscalculate sick leave cycles, pay out annual leave incorrectly on termination, or deny family responsibility leave that employees are legally entitled to. Every one of these errors is a potential CCMA […]
Basic Conditions of Employment Act: Working Hours
BCEA: Working Hours and Overtime – A Plain Language Guide One of the most common assumptions in South African workplaces is that a salaried employee can be required to work as many hours as the business demands. The Basic Conditions of Employment Act working hours provisions say otherwise. Chapter Two of the Act sets hard […]
Constructive Dismissal in South Africa
Constructive Dismissal in South Africa: The 2026 Legal Test for Employers Constructive dismissal begins with an apparent contradiction: the employee resigns, yet may still claim to have been dismissed. Under section 186(1)(e) of the Labour Relations Act 66 of 1995 (LRA), that claim arises where the employer made continued employment intolerable. The legal question is […]
Basic Conditions of Employment Act: Employee vs Independent Contractor Explained
BCEA: Employee vs Independent Contractor Calling someone an independent contractor does not make them one. This is one of the most expensive assumptions a South African employer can make. If the working arrangement looks like employment, the law will treat it as employment, regardless of what the contract says. The Basic Conditions of Employment Act, […]
Basic Conditions of Employment Act Glossary
Basic Conditions of Employment Act Glossary: What the Legal Jargon Actually Means Most employers have heard of the Basic Conditions of Employment Act. Far fewer have actually read it. That gap between knowing it exists and understanding what it requires is where most labour law disputes are born. This Basic Conditions of Employment Act glossary […]
The Hidden Risk of the EOR Model: Independent Contractors and Deemed Employment
The global shift towards remote work has made the Employer of Record (EOR) model an attractive solution for international companies looking to hire South African talent. It allows businesses to onboard staff quickly without establishing a local entity. However, many international companies and local providers make a critical error: they use the EOR structure to […]
The Cost Implications of Not Having a Labour Lawyer on Retainer
South African small business owners and HR managers view legal retainers as an unnecessary overhead. It is something larger companies do, not a practical consideration for their company. This mindset is understandable, but it is also one of the most expensive assumptions a business can make. When labour matters go wrong without legal support in […]
6 Benefits of Having a Labour Lawyer on Retainer
South Africa’s labour landscape is among the most regulated in the world. Between the Labour Relations Act (LRA), the Basic Conditions of Employment Act (BCEA), the Employment Equity Act (EEA), and a host of related codes and guidelines, keeping a business compliant is no small feat. Whether you run a growing SME in Pretoria or […]
Earnings Threshold Increases to R269 600.90: A Practical Guide for Employers
With the new earnings threshold of R269 600.90 per year now in effect, South African employers face a practical compliance moment. Failing to adjust payroll structures, employment contracts and HR policies to reflect the new threshold can expose businesses to unfair labour practice claims, disputes at the CCMA, and costly Labour Court proceedings. At Welman Attorneys […]
South Africa’s New Earnings Threshold: What Every Employer and Employee Needs to Know
The South African Minister of Employment and Labour has announced an increase in the annual earnings threshold, effective 1 May 2026. The new threshold is set at R269 600.90 per year (R22 466.74 per month), representing an increase of R7 852.45 – or 3% – from the previous threshold of R261 748.45 that has been in place since 1 […]