Employment Equity Act (EEA) is set to undergo change to extend the protections of employees against all types of harassment.

According to Department of Employment and Labour, Director of Collective Bargaining Stephen Rathai said in terms of the proposed amendments to labour law Section 10(6)(aA) the EEA is to be amended by deleting the word (sexual) harassment to extend the protections of employees against all types of harassment (e.g. workplace bullying, online harassment; sexual harassment; racial & ethnic harassment; racial harassment; etc).

“After the amendments harassment will not limit only to sexual harassment," Rathai said: “the intention is to broaden all forms of harassments to deal with conflict in workplaces".

Another amendment of EE Act is the empowerment of Bargaining Councils to also deal with unfair discrimination disputes emanating from the EEA – if the Bargaining Council has been accredited to deal with these disputes or the Collective Agreement caters for such.

In summary the key objectives of EE amendments are to broaden harassment protections beyond sexual harassment and improve access to dispute resolution of all unfair discrimination through the CCMA and bargaining councils.

In terms of the current EEA - a dispute may be referred to institutions such as Labour Court for adjudication and CCMA for arbitration - if the employee alleges unfair discrimination on the grounds of sexual harassment; or in any other case, that employee earns less than the amount stated in the determination made by the Minister in terms of section 6(3) of the Basic Conditions of Employment Act.

Rathai was speaking during the in Gqeberha during an EE workshop held at Bay Mall today (20 August 2026).

The gathering is part of 2026 national roadshows/workshops focusing on presentation of 2025 provincial EE status (26^th CEE Annual Report) and presentation on Draft Amended Code of Good Practice; practical demonstration of how to utilise the EE System online facilities to capture EE Reports and request EE Certificate of Compliance; sharing of all types of unfair discrimination cases administered by the CCMA; and presentation on broader proposed labour law amendments.

Rathai said the intention of labour law amendments is to ensure that institutions dealing with dispute resolution in the labour market are taken seriously.

The remaining EE workshops will be held in Gauteng (25 August 2026 – Pretoria; 27 August 2026 – Johannesburg/Woodmead); and Free State (01 September 2026 – Bloemfontein).

For media inquiries, please contact:

Teboho Thejane

Departmental Spokesperson

082 697 0694/ teboho.thejane@labour.gov.za

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Issued by: Department of Employment and Labour

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The Department of Employment and Labour through its entity the Compensation Fund engaged Organised Labour as it is a sector that represents employees and must be well informed about labour laws such as the Compensation for Occupational Injuries and Diseases Act COIDA, This engagement took place at Birchwood Hotel in Boksburg, Gauteng province, on 19 August 2026.

This was the third workshop to be held by the Fund; similar fruitful workshops were held recently in KwaZulu-Natal and Eastern Cape provinces respectively.

The Compensation Fund's role was to empower Federations such as the Congress of South African Trade Unions (COSATU), National Council of Trade Unions (NACTU), Federation of Unions of South Africa (FEDUSA) and South African Federation of Trade Unions (SAFTU) about the rights and obligations of employers and employees under Compensation for Occupational Injuries and Diseases Act (COIDA).

“In terms of section 73(1) of the COID Act prescribe that the Commissioner shall for the period of not more than two years from the date of an accident or commencement of a disease pay the reasonable medical cost incurred by an employee in respect of the medical aid necessitated by an accident or disease, the Commissioner may continue to pay for the medical expenses beyond the two-year period under specific conditions such as treatment aimed at reducing the employment's disablement " said CF COID Services Deputy Director, Mr Solly Mdhluli.

According to the CF Assistant Director: Medical Payments, Ms Azwihangwisi Mukwevho, Medical Claims receive invoices from Medical Service Providers after treatment has been rendered. Invoices are then submitted electronically or manually to the Fund however if Medical Service Providers who previously rendered medical treatment but have not received payment it is because they failed to provide required documents, submitted inappropriate tariff codes and in other instances they duplicate submission of invoices.

Provincial Secretary from COSATU Ms Louisa Modikwe, said that COIDA benefits are critical to the wellbeing and protection of employees and their families. She also highlighted that there's a need for stronger collaboration between Organised Labour, employers and the Compensation Fund to ensure that employers fulfil their statutory obligations.

The Organised Labour representatives actively engaged intensively with the Compensation Fund by raising a range of questions related to the benefits provided under COIDA. Discussions focused on the various benefits available to employees who sustain occupational injuries or contract work-related diseases, as well as the processes for accessing these benefits.

For media inquiries, please contact:

Teboho Thejane

Departmental Spokesperson

082 697 0694/ teboho.thejane@labour.gov.za

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Issued by: Department of Employment and Labour

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One of the key changes coming in the broader amendments of labour laws in South Africa is defining who an employer or employee is, said Department of Employment and Labour, Deputy Director of Employment Standards, Mogodi Masenya.

Masenya told stakeholders during a workshop in ku-Gompo today (18 August 2026) that there have been number of changes in the labour market hence the amendments to labour laws to keep up with the changes in the labour market.

The Basic Conditions of Employment Act (BCEA) simply define an “employee" as any person, excluding an independent contractor, who works for another person or for the State and who receives, or is entitled to receive remuneration.

He said amendments to Section 50A of the BCEA will address disguised employment. The Bill which was released early in the year is expanding the definition of an employee. He said the new definition describes an employee as any individual performing work and is presumed to be an employee unless the employer proves all the following:

• The person is not under the employer's direction or control;
• The person is not part of the employer's organisation;
• The person does not perform services for the employer's clients on terms set by the employer.
  
   
  
  On the other hand, disguised employment is described as happening when a worker does a job like a regular employee, but the company calls them an independent contractor or freelancer. In recent years there has been a rise in new forms of employment such as “gig" or “on demand" economy. These forms of employment have brought renewed attention to self-employment and disguised employment relationships.
  
   
  
  Masenya was addressing an EE workshop today (18 August 2026) held at Premier Hotel Regent under the theme: “Bridging the Equity Gap Through Diversity & Inclusion".
  
   
  
  The proposed amendments to labour law amendments is part of Nedlac Labour Law Reform process to the Labour Relations Act, National Minimum Wage Act, Basic Conditions of Employment Act, and Employment Equity Act.
  
   
  
  The proposed amendments aim to:
• Support the Government's intention to fight unemployment, poverty, and inequality;
• Improve rights of workers, especially those that are most vulnerable;
• Improve the efficiency of dispute resolution between employers and employees;
• Make it easier for small businesses to trade and comply with labour legislation; and
• Align legislation with recent court cases.
  
   
  
  The labour bill(s) deal with areas such as: Closed Shop Agreements, Bargaining Council Agreements, Funding Agreements for Bargaining Councils/Section 32A, Financial Reporting Standards, Essential Services and Minimum Service Levels, Socio-Economic Protest Action, Picketing and Facilitation, Ballots and Registration of Trade Unions,
  
   
  
  These also relate to operations of CCMA, Courts and Dismissals.
  
   
  
  Department of Employment and Labour Director of Collective Bargaining, Stephen Rathai said the amendments seek to address unemployment, poverty and deal with atypical forms of employment (temporary, part time, contract, casual, freelance work, independent self-employment).
  
   
  
  He said the amendments will also improve the operational efficiency of institutions serving the labour market such as the CCMA and Labour Court.
  
   
  
  For media inquiries, please contact:
  
  Teboho Thejane
  
  Departmental Spokesperson
  
  082 697 0694/ teboho.thejane@labour.gov.za
  
   
  
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  Issued by: Department of Employment and Labour
  
   
  
   
  
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