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As an employee in South Africa, you have protective rights to ensure that the company you work for is treating your fairly, and upholding your human rights, in relation to your job. 

You are eligible for a safe work environment and fair wages in relation to your job and much more. 

The labour law is extensive, but here are a few of the basics to familiarise yourself with.

South Africa has three primary labour laws to know about: the Basic Conditions of Employment Act, the Labour Relations Act, and the Employment Equity Act.

Basic Conditions Of Employment Act

The basic conditions of employment act dictates certain benefits that employees are legally entitled to. 

The act governs aspects of your working life such as your working hours, the leave you’re entitled to, overtime, meal breaks, and pay. We have expanded on a few of these points below, you can read more on the act here.

Working Hours

Ordinary working hours can’t be more than 45 hours per week. If you work 5 days or less in a week, your working hours must be capped at 9 hours per day. If you work more than 5 days a week, your working hours must be capped at 8 hours per day.

Meal Breaks

After 5 hours’ work, you are entitled to a 60-minute meal break, this may be lowered to 30 minutes if both parties sign a written agreement. Employers can do away with the meal break if one works less than 6 hours a day, upon agreement with the employee. 

Overtime

If you work overtime, Monday – Saturday, you must be paid at a rate of 1.5 times your hourly rate, this increases to 2 times your hourly rate on Sundays. An employer cannot force you to work overtime; it must be a mutual agreement. An employee can only work 10 hours overtime per week, to ensure healthy rest periods.

Labour Relations Act

The Labour Relations Act regulates the rights of trade unions, facilitates collective bargaining and upholds the elimination of forced labour, meaning nobody in South Africa can be forced to do labour against their will. 

It also upholds the abolishment of child labour, meaning no child in South Africa may be forced to work. This act stipulates that no child under the age of 15 may legally be employed in South Africa unless they are working within the performing arts sector. 

Should they be employed in this sector, they need a special permit supplied by the Department of Labour.

Employment Equity Act

The Employment Equity Act protects employees from any form of discrimination from your employer. You cannot be treated unfairly on the grounds of your race, gender, HIV status, age, disabilities, political opinion, or sexual orientation. 

This act aims to protect the diverse people of South Africa and correct injustices of the past. It ensures that equal opportunities are offered, and that there is equatable representation of designated groups of people within all levels of the workforce.

Termination Of The Employment Contract

Before accepting a job offer, read through the Basic Conditions of Employment Act, one of the essential labour laws of the country, to get an idea of when dismissal is fair and according to appropriate proceedings. Your employer must follow the proper legal procedures even if you are fired for misconduct. 

They have to:

• Follow the proper procedure. 
• Submit the correct payment of wages. 
• Pay out the leave days due to you.
• Explain the reason for termination.

Either Party Can Terminate A Contract

Whether you resign or the company wants to terminate, the party making the motion must serve the other notice or pay in lieu thereof. According to the Labour Relations Act, an employment agreement may be cancelled for any reason. Fair reason includes a worker’s (mis)conduct, poor work performance and incapacity, an employer’s operational requirements and a health injury leading to an inability to work. 

The period of notice must follow the below regulations:

• One week notice for workers who have been employed for less than six months
• Two weeks’ notice for workers who have been employed for between six months to one year
• Four weeks’ notice for workers employed for more than one year.
  

According to the law (LRA s187), you cannot be dismissed for:

• Joining a protected strike;
• Failing to perform the work of consensual strikers during a strike (unless essential to prevent actual danger to life, personal safety or health);
• Exercising your right conferred by the Act;
• Participating in proceedings against an employer;
• Pregnancy;
• Transferring jobs; or
• Discrimination of any kind.

What Leave Am I Entitled To?

Maternity Leave

Maternity leave, which is time away from work after pregnancy, is regulated under the Basic Conditions of Employment Act of South Africa.

Pregnant workers are entitled to at least four months of maternity leave. The worker may commence maternity leave four weeks before the expected date of confinement, explains World Labour Laws. 

It is important to note that it is not mandated by law that your employer pay you your full salary during these four months. You will need to claim from the UIF Fund.

Additionally, the worker may take leave earlier if a medical practitioner certifies that it is necessary for the health of the worker or her child. Also, a worker cannot work within six weeks of a child’s birth unless a medical practitioner certifies her.

In the unfortunate event of a miscarriage in the third trimester or in the event of a stillbirth, the worker is entitled to six weeks of leave from the date of the miscarriage or stillbirth. 

Family Responsibility Leave

You are entitled to leave if your child / adopted child is sick, and in the event of a child, grandchild, partner, sibling, parent, adoptive parent, or grandparent passing away. 

You are entitled to 3 days per year, and your employer is entitled to ask for proof of your reasoning. For example, they may ask for a copy of the death certificate if one of the above-mentioned family members passes away.

Annual Leave

As a full-time employee, you are entitled to 21 consecutive days of leave per year. This, however, includes non-working days. 

For example, if you work a 5-day work week, you will be given 15 days of “leave.”, whichmeets the minimum requirement when weekends are factored in. 

Sick Leave

If you work the standard 5-day work week, you’re entitled to 30 consecutive sick days every 36-month period. 

If you work the standard 5-day work week as well as every second Saturday, you are entitled to 33 consecutive sick days every 36-month period.

Why Is It Important To Know This?

These laws are in place to protect you from overworking. They keep you healthy and functioning because work stress can take its toll on your body. 

Knowing your rights as an employee can help you to avoid stress and burnout. When you’re less stressed, you’ll be able to perform better at work and you’ll be healthier.

For any burnout or stress-related emergencies, you can use the iER app to send alerts to our call centre. They will send help to your exact location.