Sweeping changes to SA’s labour regime are on the table, including improvements to job security, protection for previously excluded worker categories and removing the right of many high earners to be reinstated.
Employment & labour minister Nomakhosazana Meth gazetted The Labour Laws Amendment Bill -- focusing on the Basic Conditions of Employment Act 1997 and the Unemployment Insurance Fund -- and the Labour Relations Amendment Bill -- focusing on the cornerstone Labour Relations Act of 1995 and the CCMA -- on Thursday.
The window for public comment closes on March 30.
A new clause in the LRA bill proposes limiting reinstatement for staff earning above R1.8m a year (R150,000pm, adjusted annually for the CPI) generally to cases of automatically unfair dismissal.
Many of the other proposals in the bill have been kicked around in labour circles, including Nedlac, for up to two years.
Mostly, the focus is on improving job security, fairness and enforcement mechanisms while extending labour rights to vulnerable and previously excluded categories of workers.
For example, the department has signalled its intention to deem workers in the film and television industry as employees, addressing their frequent misclassification as independent contractors and extending basic protections such as sick leave, maternity leave, severance pay and compensation for occupational injuries.
“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,” department spokesperson Teboho Thejane said.
“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.”
Other proposed amendments seek to close gaps in labour protection, improve dispute resolution efficiency and align the country’s labour laws with constitutional principles and international labour standards.
Statutory severance pay for retrenchments would increase from one week to two weeks’ remuneration per completed year of service.
Disputes about severance pay could now be referred directly to the Commission for Conciliation, Mediation and Arbitration or bargaining councils for quicker resolution.
Thejane said the amendments 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 10 days, subject to agreed arrangements or equal sharing in the absence of agreement, with priority given to the birthing mother,” Thejane said.
“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.”
Thejane said the department remains committed to advancing a fair, modern and inclusive labour market that protects dignity.
DA MP and labour analyst Michael Bagraim said: “My initial feeling is negative. I don’t think [some of the proposed amendments] are good. They are going to be negative for job creation and put people out of jobs.”
However, he conceded there were “one or two good things [about the amendments] as they come at a time when we have to shake up our labour law”.
“We need to look at deregulation instead of tightening the screws,” he said, predicting the amendments would “attract negative unintended consequences”.
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