labour law south africa


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Labour law amendments could boost job creation in South Africa. This is the message from the Employment and Labour Minister Thulas Nxesi. 

Employers commonly opt for alternative and temporary resources, such as staff provided by labour brokers, to avoid direct employment of workers. This practice is known as labor brokering or outsourcing, and it has become a common trend in the modern job market. 

The amended employment equity act introduces new measures to promote diversity and equality in the workplace, including specific numerical goals for racial and gender representation in designated businesses. There are differing opinions on the legislation that seeks to promote transformation in the workplace.

Section 197 of the Labour Relations Act requires that, where a business is taken over, the new owner must take over the staff from the old owner. During such takeovers, employees are often desperate to stay on with the new enterprise.

Employees who report employers for committing illegal or otherwise irregular acts are protected, in the first instance, by the Constitution of South Africa. Specifically, section 16 of the Bill of Rights gives everyone the right to freedom of expression and to impart information.


What constitutes offer and acceptance for the conclusion of a contract of employment. Keep reading to find out what Jacques van Wyk, Director, Michiel Heyns, Senior Associate at Werksmans Attorneys thinks.

Think you can resign to avoid being dismissed? You'd be wrong. Employees are taking to resignation as a way of avoiding the sting of being dismissed, but as Nicol Myburgh, Head: CRS Technologies HCM Business Unit, points out, this is not an approach that's going to work.


South Africa’s labour legislation was largely conceived by our country’s trade unions. As a result the statutes heavily protect employees and, in particular, protects the jobs of workers.

Our labour dispute resolution system often claims jurisdiction over foreign employers. When a foreign embassy is situated in South Africa it is in fact, according to law, based on foreign soil.

Labour Law provides employers, employees and businesses with a set of guidelines for a safe and fair workplace.

Employees in South Africa are protected by Labour Laws that ensure fair working conditions.

Panic in workplaces over the spread of covid-19 may lead to breach of Basic Conditions of Employment Act and Occupational Health and Safety Act.




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