Labour Compliance for South African Employers

Every employee must receive written particulars covering hours, remuneration, leave and notice. It is a standing document that must be updated when terms change.

Record hours worked and payments made for each employee, and retain those records for three years after the last entry. Inspectors may ask for them without notice.

Payslips must show the period, hours, rate, deductions and net amount. Paying the right amount without a written statement is still a contravention.

Employee files, payroll data, identity numbers and medical certificates are personal information. Restrict access, set retention periods, and treat health and biometric data as special personal information.

The national minimum wage is R30,23 per ordinary hour worked with effect from 1 March 2026, and it applies equally to domestic workers and farm workers. Expanded Public Works Programme workers are on R16,62.

Contract cleaning and wholesale and retail carry higher scheduled rates. Contract cleaning is R33,27 per hour in Area A and R30,33 in Area B.

Employees earning R269 600,90 a year or less, about R22 466,74 a month, keep the full BCEA protections on ordinary hours, overtime, Sunday and public holiday pay, meal intervals and rest periods. The figure rose on 1 May 2026.

Ordinary hours are capped at 45 per week. Overtime is voluntary, capped at 10 hours per week, and paid at 1,5 times the normal wage unless time off is agreed.

Annual leave is 21 consecutive days per cycle. Sick leave is 30 days over a 36 month cycle on a five day week. Maternity leave is four consecutive months and parental leave is 10 consecutive days.

You are designated if you employ 50 or more employees, or you are an organ of state. Since 1 January 2025 turnover is irrelevant, so an employer under 50 employees is not designated no matter how high its turnover.

Sectoral numerical targets now apply across 18 economic sectors for the four upper occupational levels, plus a disability target, measured over five years to 2030. Your plan must show a credible evidenced trajectory or record justifiable grounds for a shortfall.

Designated employers file the EEA2 report and the EEA4 income differential statement annually. In the 2025 cycle online submission ran to 15 January 2026. Confirm the current cycle dates with the Department.

Any employer bidding for state business needs a certificate of compliance, requested on the EEA15 form. It is valid for 12 months or until your next report is due, whichever is longer.

Designated employers must consult employee representatives, or the representative trade union where one exists, on the analysis, the plan and the report before submission, and keep copies for five years.

Employer and employee each contribute 1 percent on remuneration up to R17 712 a month, so a maximum of R177,12 each. Register the business and declare employee details and changes monthly.

Register within seven days of employing your first worker. Maximum earnings per employee for assessment is R668 000 a year from 1 March 2026, and late submission of the return of earnings attracts a 10 percent penalty plus interest.

If your annual payroll exceeds R500 000 you must register and pay 1 percent of leviable payroll monthly on the EMP201. Submitting a Workplace Skills Plan and Annual Training Report to your SETA by 30 April unlocks the mandatory grant.

A dismissal needs a fair reason, being conduct, capacity or operational requirements, and a fair procedure, which normally means notice of the allegations, a chance to respond, and a right to representation.

Operational requirement dismissals require a written section 189(3) notice and genuine joint consensus seeking on alternatives, selection criteria and severance. Severance is at least one week of remuneration per completed year of service.

Unfair dismissal disputes must be referred to the CCMA within 30 days of dismissal, and unfair labour practice disputes within 90 days. Keep the investigation file, minutes and outcome letter ready to produce.