The Department of Employment and Labour has announced a series of important measures aimed at strengthening worker protection and closing long-standing compliance gaps across several sectors, including security services, municipalities and the creative industriesIn a statement released on Thursday, the department confirmed that it has officially withdrawn the 2003 Variation Notice that previously excluded the application of Section 34A of the Basic Conditions of Employment Act (BCEA). This section regulates the payment of employee benefit fund contributions.
Labour Inspectors Regain Enforcement Powers
The withdrawal of the exemption restores the authority of labour inspectors to enforce the timely payment of benefit fund contributions. This includes pension, provident fund, retirement and medical aid contributions that are deducted from employees’ salaries.
For several years, the exemption created what the department described as “a significant enforcement gap”, allowing some employers to deduct contributions from workers’ pay but fail to transfer the money to the relevant benefit funds.
“With the exemption now removed, inspectors are empowered to verify whether employers have paid contributions into the correct funds, request proof of payment and contribution schedules, and take enforcement action wherever non-compliance is detected,” the department said.
The department noted that this intervention significantly improves workplace accountability and offers stronger protection for workers’ benefits. It is expected to have a major impact in sectors such as private security and local government, where abuse and non-compliance have been widespread.
Proposed Changes for Creative Industry Workers
In a related development, the Minister of Employment and Labour, Nomakhosazana Meth, has published a notice indicating the department’s intention to classify performers and crew members in the film, television, advertising, artistic and cultural sectors as employees.
Currently, many workers in these industries are classified as independent contractors, despite working under conditions similar to permanent employment. The department said the proposed change aims to extend key labour protections to these workers.
These protections would include access to sick leave, maternity leave, severance pay, coverage under the National Minimum Wage, and protection through the Compensation for Occupational Injuries and Diseases Act.
The proposal would also enforce compliance with BCEA provisions relating to working hours, termination procedures and record-keeping. In addition, it would extend protections linked to fixed-term contracts under the Labour Relations Act.
According to the department, the proposed reform follows “strong stakeholder submissions” and acknowledges the vulnerability of performers and production staff, many of whom currently operate without basic labour protections. The department confirmed that the process could result in a sectoral determination specifically designed for the industry.
Public Participation and Next Steps
Stakeholders have been given 30 days from the date of publication to submit written comments on the proposal. The Minister has also requested the National Minimum Wage Commission to investigate wage levels and employment conditions within the sector.
“Together, these regulatory measures mark a clear step forward in advancing decent work in South Africa. They demonstrate a renewed commitment to closing compliance gaps, protecting vulnerable workers, and ensuring that employers across all industries uphold the country's labour laws.
“The actions reinforce the department's dedication to promoting fairness in the workplace, supporting a more equitable labour market, ensuring accountability among employers, and safeguarding the rights and dignity of all workers,” the department said.
