Basic Conditions of Employment Act: Maternity and Parental Leave
Maternity and parental leave in South Africa under the BCEA The parental leave landscape in South Africa changed significantly in 2020 when the Labour Laws Amendment Act 10 of 2018 came into effect, introducing parental, adoption, and commissioning parental leave for the first time. It changed again in 2025 when the Constitutional Court handed down […]
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 […]
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 […]
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 […]
Youth Day in South Africa and Its Connection to Labour Law
Observed annually on 16 June, Youth Day is one of South Africa’s most powerful and historically significant public holidays. While it is often associated with remembrance and reflection, it also has important legal and socio-economic implications, even more so when viewed through the lens of labour law and youth employment. For businesses, educators, and legal […]
The Legal Meaning Public Holidays in April and May in South Africa
As April transitions into May, South Africa observes two of its most significant public holidays – Freedom Day and Workers’ Day. While many see these as opportunities for rest, they are deeply rooted in the country’s legal and constitutional framework. For businesses and employees alike, these dates carry important implications, particularly in the context of […]
Presumption as to who is an employee
There is always questions about the presumption as to who is an employee. We explore the Basic Conditions of Employment Act(BCEA) for guidance in this matter according to section 83A. Who is an employee? (1) A person who works for, or renders services to, any other person is presumed, until the contrary is proved, to […]