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
  
   
  
  -ENDS-
  
  Issued by: Department of Employment and Labour
  
   
  
   
  
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