All About Employers

Read or download labour legislation published as Acts and Amendments to the Acts

• Basic Conditions of Employment Act

  Applies to all employers and workers and regulates leave, working hours, employment contracts, deductions, pay slips, and termination

• Compensation for Occupational Injuries and Diseases Act

  Workers who are affected by occupational injuries and diseases are entitled to compensation

• Employment Equity Act

  Applies to all employers and workers and protects workers and job seekers from unfair discrimination, and also provides a framework for implementing affirmative action

• Labour Relations Act

  Applies to all workers and employers and aims to advance economic development, social justice, labour peace and the democracy of the workplace.

• Occupational Health and Safety Act

  Aims to provide and regulate health and safety at the workplace for all workers.

• Skills Development Act

  Aims to develop and improve the skills of the South African workforce.

• Skills Development Levies Act

  Prescribes how employers should contribute to the National Skills Fund.

• Unemployment Insurance Act No. 63 of 2001

  Provides security to workers when they become unemployed.

• Unemployment Insurance Contributions Act

  Prescribes how employers should contribute to the UIF Contributions fund.

Plain English summaries of key topics within labour legislation

• Basic Guide to Employer's Basic Conditions of Employment Duties
  All employers must comply with the Basic Conditions of Employment Act
• Basic Guide to Employer’s Duties (Learnerships)
  Sectoral Determination 5 lays down obligations for employers who employ learners.
• Basic Guide to Employers’ Organisations
  Under the Labour Relations Act, employers may form or join groups that represent employers in collective bargaining
• Basic Guide to Employment Equity Consultations
  Consultation Forums must be established at the workplace to dicuss Employment Equity issues.
• Basic Guide to the Health and Safety Duties of Employers
  All employers must ensure the health and safety of workers at the workplace.
• Employer’s Guide to UIF
  Employers must register themselves and their workers with the UIF and pay contributions monthly.

Simple step-by step instructions for processes and procedures

• How To Apply to Pay the UIF Annually

  Employers who want to pay UIF annually may do so before the 7 of March every year.

• How To De-register with the UIF

  Employers must complete certain documents to de-register with the UIF and then follow up to make sure that it has been done.

• How To do UIF Declarations

  Employers can mail, fax, email or do their declarations online.

• How to Find and Choose Unemployed Learners

  The Department of Labour provides a service to help employers find and choose unemployed learners, guided by the Skills Development Act

• How To Pay the Compensation Fund

  The Compensation Fund sends employers a notice of assessment indicating the amount payable.

• How to Pay the UIF

  Employers' must deduct UIF from workers and pay it and their own to the UIF.

• How To Register with the Compensation Fund

  All employers must fill in and send forms with a copy of the registration certificate of the Registrar of Companies or their ID document to register with the fund.

• How To Register with the UIF

  It is the employers' responsibility to fill in and send the forms to register themselves and their workers.

• How to Report an Occupational Accident with the Compensation Fund if you are an employer

  Employers must send the necessary forms with the doctors report to the Compensation Fund when accidents occur.

• How To Report an Occupational Disease to the Compensation Fund if you are an Employer

  All employers must report all occupational diseases within 14 days.

• How To Set Up Learnerships if you are an Employer

  Employers must choose a learnership, training provider and apply for a learnership grant.

• How To Submit Earnings Statements to the Compensation Fund

  The Compensation Fund sends earnings statement forms to employers every year. Employers must fill in the forms and send it back to the Fund.

• How to Submit Employment Equity Reports Manually

  All employers are requested to submit Employment Equity Reports to the Department of Labour.

Codes of Good Practices issued by the Minister

• Arrangement of Working Time

  Information and guidelines on shift work and night work and their impact on workers' health and safety

• Disability in the workplace

  The Code is a guide for employers and workers on key aspects of promoting equal opportunities and fair treatment for people with disabilities.

• Employment Equity Plans

  The objective of this code is to provide guidelines of good practice, in terms of the requirements of the Employment Equity Act.

• Handling Sexual Harassment Cases

  Aims to assist in the elimination of sexual harrasment in the workplace. It provides procedures to deal with the problem and prevent it from recurring.

• Key Aspects of HIV/AIDS and Employment

  The Code’s objective is to provide guidelines for employers, workers and trade unions on how to manage HIV/AIDS within the workplace.

• Key Aspects on the Employment of People with Disabilities

  A guide for employers and workers on promoting equal opportunities and fair treatment for people with disabilities.

• Pregnancy

  Provides for the protection of workers during pregnancy and after the birth of a child.

Download application forms, claim forms, reports, and samples of employment documents with instructions. You can also download templates of documents issued by the Department of Labour

• Form - COID - W.As.2 - Registration of an Employer with the Compensation Fund

  Employers use this form to register with the Compensation Fund

• Form BCEA1 - Summary of the Act - English

  All employers must display a copy of this summary of the Basic Conditions of Employment Act in the workplace.

• Form BCEA13 - Objection Against a Compliance Order

  Employers must complete this form and send it to the relevant office within 21 days if they want to object against a compliance order

• Form BCEA2 - Wages Register

  Employers must complete this form to keep record of how they calculate their workers' pay

• Form BCEA3 - Attendance Register

  Workers or employers have to complete this form to keep record of their attendance at work.

• Form BCEA4 - Pay Slip

  Employers must give their workers pay slips so they can keep record of their pay details.

• Form BCEA5 - Certificate of Service

  Employers must give workers a Certificate of Service when their employment is terminated to prove that they worked for the employer.

• Form BCEA6 - Application for Ministerial Determination

  Employers must complete this form if they want the Minister to replace or exclude any basic condition of employment for categories of workers or employers.

• Form EEA2 - Employment Equity Report

  This form gives the format that employers must use when they do their employment equity reports

• Form EEA4 - Income Differential Statement

  Employers must complete form EEA4 and send it with their employment equity reports.

• Form LRA 9.1 - Employers record of workers' earnings, deductions and time worked

  This form is a record of workers’ hours of work and their wages.

• Form LRA 9.2 - Record of strike, lock-out or protest action

  A form for employers to keep a record of any strike, lock-out or protest action involving their workers.

• Form UI-19 - Declaration of information of commercial employees and workers employed in a private household

  Employers' must forward this form to the UIF, PRETORIA, 0052 or alternatively fax.

• Form UI-8 - Application for registration as an employer with the UIF

  An application form to register as an employer with the UIF.

• Sample - Employment Contract

Regulations and Notices promulgated by the Department of Labour

• Commencement of Employment Equity Act
  
• General administrative regulations and index of forms
  
• Government Notice earnings threshold