The Department of Employment and Labour has published the labour laws Amendment Bill, 2025 together with the labour Relations amendment Bill, 2025 and related notices, marking an important step in strengthening protections for workers across the country.

The proposed changes modernise key labour laws and introduce practical measures aimed at improving job security, promoting fairness, and extending fundamental rights to vulnerable and previously excluded categories of workers. They also improve enforcement mechanisms, ensuring that employees receive the full benefits of the law.

The amendments introduce a more equitable parental leave system by replacing the fragmented maternity and parental leave framework with a shared parental leave model. A single or sole employed parent is entitled to four months' parental leave, while two employed parents share four months and ten days, subject to agreed arrangements or equal sharing in the absence of agreement, with priority given to the birthing mother.

The scope has also been expanded to cover adoptions of children up to six years old (previously limited to under two) and commissioning parents in surrogate arrangements. These changes promote gender equality, recognise diverse family structures, and give working parents greater flexibility and security during a critical life event.

New section 9B of the BCEA provides protections for workers on “on-call", zero-hours, or min-max contracts. These employees, often in retail, security, or hospitality, are frequently vulnerable to irregular hours, no guaranteed income, and last-minute cancellations. The amendments require employers to set out in writing the guaranteed hours, maximum hours, availability periods, and reasonable notice periods for reporting or cancelling shifts. If employer cancels work without proper notice, the employee must be paid for those hours.

The notice period must consider the nature of the business, the employer's control over work availability, and the impact on the employee's life. Employees are also protected from being unfairly restricted from working elsewhere unless there are genuine operational reasons (such as protecting confidential information). These measures aim to reduce exploitation, provide greater income and scheduling predictability, and ensure fair treatment compared to permanent staff.

The increase in statutory severance pay from one week to two weeks' remuneration per completed year of service (for dismissals based on operational requirements) is a direct financial benefit to employees facing retrenchment.

Disputes solely about severance pay can now be referred directly to the CCMA or a bargaining council, simplifying access to resolution without needing to challenge the fairness of the dismissal itself.

Similarly, amendments clarify that CCMA awards for unpaid contributions to benefit funds (such as pension or medical aid) can include interest at the prescribed rate, and prevent duplication of claims across forums, ensuring employees recover what is owed more efficiently.

The Labour Relations Amendment Bill extends fundamental rights to a broader group of workers through the new Schedule 11. Many individuals classified as independent contractors or dependent contractors, such as gig workers, delivery drivers, or home-based service providers, currently fall outside the definition of “employee" and lose access to freedom of association, organisational rights, collective bargaining, and protection against unfair dismissal.

Schedule 11 creates a presumption of employment unless the employer proves the worker is genuinely independent (not controlled by the employer, not integrated into its organisation, and not performing work on the employer's behalf under the employer's terms). These workers can now join or form trade unions, exercise organisational rights, bargain collectively, and participate in protected strike action. This reform addresses the growing “twilight zone" of precarious work identified by the Constitutional Court and aligns South Africa with its ILO obligations under Convention 87.

Other amendments indirectly benefit employees by improving dispute resolution and enforcement. Bargaining councils gain clearer jurisdiction to arbitrate minimum wage and BCEA disputes, potentially bringing resolution closer to the workplace.

The CCMA's powers are expanded to assist low-paid workers in enforcing awards (including covering sheriff fees), and joint hearings are encouraged for related claims under different laws, reducing costs and delays.

Notices Public benefiting Workers

The Department published a Section 34A of the BCEA notice in the Government Gazette in January 2026, withdrawing a long-standing exemption contained in Government Notice R1827 of 2003. The withdrawal requires employers to make strict and timeous payments of contributions to benefit funds, including pension, provident, retirement and medical aid funds.

This is a response to widespread non-compliance, particularly in the security sector and within municipalities, where employers failed to pay over substantial amounts of employees' deducted contributions to the relevant funds.

Another notice issued expresses the intention to deem persons in the Film and Television industry as employees. This seeks to rectify the vulnerabilities faced by actors and crew members, who are frequently classified as independent contractors and thus deprived of essential employee protections.

By reclassifying them accordingly, we aim to afford these vital contributors to our creative economy fundamental rights, including sick leave, maternity leave, severance pay, and compensation for occupational injuries or diseases.

This process may culminate in a sectoral determination that provides tailored regulation for actors, ensuring a more equitable and sustainable industry that nurtures talent and innovation.

The department of Employment and Labour remains committed to advancing a fair, modern and inclusive labour market that protects the dignity.

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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