Fair treatment of employees and protection of employer’s rights are guaranteed by South Africa’s clearly defined legal framework, which regulates employment relationships.

The Employment Equity Act 55 of 1998 (EEA), the Basic Conditions of Employment Act 75 of 1997 (BCEA), the Labour Relations Act 66 of 1995 (LRA), and the National Minimum Wage Act 9 of 2018 (NMWA) are the main laws governing employment. 

Equal opportunities, employment stability, and ethical labour practices are the goals of the above-mentioned legislation.

Key Employee Rights Under South African Law 

Protection Against Unfair Dismissal

The LRA ensures that employees cannot be unfairly dismissed and that all dismissals must follow a fair procedure. 

The following are valid reasons for dismissals in accordance with Section 188 of the LRA:

1. Dismissal for misconduct (e.g. theft, fraud, gross negligence).
2. Dismissal or incapacity to work (e.g. chronic illness, poor performance).
3. Dismissal due to operational requirements (e.g. retrenchment due to business restructuring).

The fair procedures before dismissal in terms of Section 189 of the LR:

1. Employers must follow proper disciplinary procedures which includes written warnings and hearings.
2. Retrenchments require employers to have consultations with employees and severance pay.

Dispute resolution in terms of Section 191 of the LRA

When a dispute rises about the fairness of dismissal or unfair labour practices, the dismissed employee alleging unfair dismissal or unfair labour practices may refer the dispute in writing to a council with a council with the jurisdiction to handle the matter, or to the Commission (Commission for Conciliation, Mediation and Arbitration) also known as the CCMA, if there is no council with jurisdiction of the matter. This referral must be made within 30 days of dismissal or 90 days of the date of omission which constitutes as unfair labour practice. 

Working Hours and Overtime Compensation

The BCEA sets clear guidelines regarding working hours, rest periods and overtime to protect employees from exploitation.

Appropriate working hours as per Section 9 of the BCEA:

1. Maximum of 45 hours per week.
2. If employee is working five days a week, then the employee is required to work 9 hours per day, or if the employee is working more than five days a week, they will be required to work 8 hours per day.

Overtime pay as per Section 10 of the BCEA: Employees who work overtime must receive 1.5 times their normal wage or double pay on Sundays and public holidays. 

Meal breaks and rest periods in accordance with Section 14 of the BCEA: Employees are entitled to at least one 60minute break if they are working for more than 5 continuous hours.

Minimum Wage Protection

To prevent employers exploiting their employees, the NWWA sets a mandatory minimum wage that an employee may receive and that employers must comply with.

Current minimum wage as per Section 4 of the NMWA:

1. The new national minimum wage was announced by the Employment and Labour Minister on the 4^th of February 2025, the national minimum wage for all employees will increase to R28.79 from R27.58 (effected on the 1^st of March 2024) for each ordinary hour worked which will be effective from the 1^st of March 2025.
2. Section 5 of the NMWA stipulates that no employer may pay an employee below the amount stipulated in Section 4 of the NMWA, except that of internships or learnership agreements regulated by law.

Leave Entitlement 

Employees in South Africa are entitled to different types of leave under the BCEA. 

Annual leave as per Section 20 of the BCEA: Employees are entitled to 21 consecutive days paid leave per year.

Sick leave as per Section 22 of the BCEA:

1. Throughout each cycle (period of 36 months of employment) of sick leave. An employee’s right to paid sick leave is equivalent to the number of days they would typically work over a six-week period. 
2. Within the initial 6 month of employment, for every 26 days worked, an employee is entitled to one day of paid sick leave.

Maternity leave as per Section 25 of the BCEA:

1. An employee is entitled to unpaid maternity leave for a minimum of four consecutive months, employees may claim through the Unemployment Insurance Fund.
2. Unless otherwise agreed, an employee may begin maternity leave at any point starting four weeks before the anticipated date of delivery or on a date that a midwife certifies is essential for the employee’s or her unborn child’s health. 

Family Responsibility leave as per Section 27 of the BCEA:

1. This is applicable to employees who have been employed by an employer for more than four months and who worked at least four days a week.
2. An employer is required to provide three days of paid leave to an employee upon request throughout each annual leave cycle. This may be granted upon for the following reasons: birth, death, or illness of an immediate family member.

Equal Employment Opportunities and Workplace Discrimination

The EEA promotes fair treatment and prohibits workplace discrimination.

As per Section 6 of the EEA, no employer may discriminate: Based on race, gender, disability, pregnancy, marital status, or age.

Affirmative action as per Section 15 of the EEA: To guarantee that historically underrepresented groups have equitable employment opportunities, major companies must develop employment equity policies. 

Workplace Safety and Employer Responsibilities

The Occupational Health and Safety Act 85 of 1993 (OHSA) mandates that employers must provide a safe working environment.

Employers must:

Identify and mitigate workplace hazards, provide protective equipment if applicable, and train employees on workplace safety procedures that they must follow. 

How to Resolve Workplace Disputes

If an employee experiences unfair treatment or disputes, they may seek the following assistance:

1. Procedure for internal disputes: Employees should first seek assistance through their HR department or through the employer. 
2. Seek Resolution through the CCMA: The CCMA handles disputes with regards to unfair dismissal, workplace discrimination, or unpaid wages. The complaint must be filed within 30 days of the incident arising.
3. Apply to Labour Court: If the ruling made by the CCMA is unsatisfactory, the case may be taken to Labour Court, and further appealed to the Labour Appeal Court.

Final Thoughts

South African employment law ensures that employers and employees’ function within a just and coherent legal framework. Fostering an equitable, secure, and effective workplace requires that you are aware of your rights and obligations within the LRA, BCEA, EEA, and NMWA. Individuals are legally entitled to obtain justice through the CCMA, and Labour Court, if subjected to unjust treatment.

Aucamp Attorneys – Labour Law Attorneys in SA

Workplace disputes and employment regulations can be difficult to navigate without a clear understanding of labour law in South Africa. From contracts and compliance to unfair dismissals and workplace disputes, the right legal approach can mean the difference between costly consequences and a fair resolution.

At Aucamp Attorneys, we work with both employers and employees to ensure that labour rights and legal obligations are properly understood and enforced. Whether you need proactive legal guidance or urgent representation, our team is committed to protecting your interests with practical, strategic legal solutions.