MARCH 2026 – SOUTH AFRICA
LABOUR LAW AMENDMENT BILL, 2025
It is important that employers note the following:
Major changes proposed to the 2025 Labour Law Amendment Bill
The Labour Law Amendment Bill, 2025 was published for public comment in Government Gazette No. 54220 on 26 February 2026. The bill introduces key changes to the Basic Conditions of Employment Act (BCEA), Employment Equity Act (EEA), Unemployment Insurance Act (UIA) and the National Minimum Wage Act (NMWA). These amendments aim to modernise parental leave, strengthen protections for vulnerable workers and tighten compliance obligations for employers.
Key points employers must note
- Major overhaul of parental leave
- Single or only employed parent: four months’ parental leave.
- Two employed parents: share four months + ten days in any arrangement.
- Applies to birth, adoption (child up to six years) and surrogacy.
- Miscarriage or stillbirth in the third trimester: six weeks’ leave.
- New rules for “on-call”/zero-hours workers
- Written terms must confirm availability requirements, maximum hours and cancellation notice.
- If work is cancelled late, employees must still be paid for the lost hours.
- Employees may hold multiple jobs unless there is a valid operational reason to restrict this.
- Increase in severance pay
- Statutory minimum severance increases to two weeks per completed year of service (going forward).
- Stronger enforcement via the Commission for Conciliation, Mediation and Arbitration (CCMA)
- Employers must provide security when challenging compliance orders.
- CCMA may confirm, vary or set aside orders.
- Minimum wage underpayment fines go directly to workers.
- CCMA may assist lower-income employees with award enforcement.
- Pension/provident fund arrears treated as unpaid wages
- Orders must direct payment to the fund, with interest.
Key points for employees
- More flexible, inclusive parental leave rights.
- Clearer protections for on-call workers, including payment for late cancellations.
- Higher severance pay.
- Ability to refer harassment disputes to the CCMA.
- UIF parental benefits aligned to new categories.
Call to action
Employers should begin reviewing internal leave policies, employment contracts, payroll rules and human resources procedures to prepare for these changes. Organisations are also encouraged to submit comments on the bill before the closing date of 26 March 2026 by emailing Hlukani.Mabunda@labour.gov.za or Kopano.Kgatlhanye@labour.gov.za, and to evaluate the impact of the proposed amendments on their operational planning and legislative compliance.
To view the Labour Law Amendment Bill, 2025, follow the link.
