Labour Law Blog

Night Work Allowance

  Employees who work from 18h00 to 21h00 are entitled to a night work allowance.   The Sectoral Determination 14: Hospitality Sector does not prescribe what this allowance must be. It is an allowance for the fact that night work is being rendered and is not based on the hours worked or the hourly rate paid to each employee.   The allowance ought to be set out in the employment […]

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Unemployment Insurance Amendment Act

The following changes have recently come into force and effect. Amending the Unemployment Insurance Act, 2001, so as to provide for the extension of the unemployment insurance benefits to learners who are undergoing learnership training and civil servants; to adjust the accrual rate of a contributor’s entitlement to unemployment insurance benefits; to finance employment services; to extend a contributor’s entitlement to benefits under certain circumstances; to provide for the process […]

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New laws relating to parental leave, adoption leave and commissioning parental leave

The Labour Laws Amendment Act (LLAA),  Act No 10 of  2018 amends the BCEA by introducing new forms of leave into South Africa labour system. Parental leave, adoption leave and commissioning parental leave is now available to employees as follows: Parental leave 25A. (1) An employee, who is a parent of a child, is entitled to at least ten consecutive days parental leave.   (2) An employee may commence parental […]

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The National Minimum Wage Act to come into force and effect from 01 January 2019

The National Minimum Wage Act sets South Africa’s first National Minimum Wage at R20.00 an hour, equivalent to R3 500.00 per month, dependent on the number of hours worked, and creates a phase-in period for farm workers, forestry workers and domestic workers. From 03 December to 31 December 2018, the minimum wages for a domestic worker will be increased as per the Domestic Worker Sector Minimum Wages. This increase is […]

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Pay rise for domestic workers from 03 December to 31 December 2018. This period applies for the clauses below(*)

Pay rise for domestic workers from 03 December to 31 December 2018. This period applies for the clauses below(*) * The new domestic worker minimum wage increase will take effect from 03 December to 31 December 2018 which means that any domestic employee who works more than 27 hours should be paid not less than R13.69 per hour, R616.03 per week and R2 669.24 per month in major metropolitan areas […]

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What are the statutory provisions and the rules governing the right to representation?

The LRA contains provisions governing the right to representation in the CCMA’s processes insofar as it concerns the right of registered trade unions and employers’ organisations to represent their members but does not regulate the right of legal practitioners to represent parties in CCMA’s processes. Who may represent a party in any process involving any dispute? In any dispute and in any process- • A party may be represented by […]

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What constitutes contempt of the CCMA?

Contempt of the CCMA normally relates to either- • Conduct during the proceedings; and or • Conduct after the proceedings when a party fails or refuses to comply with a certified award requiring the performance of an act other than the payment of money. Contempt in relation to conduct during the proceedings is governed by Section 142 (8) of the LRA, which provides that a person commits contempt of the […]

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Breastfeeding in the workplace

In South Africa, the Code of Good Practice on protection of employees during pregnancy and after the birth of a child (which forms part of the Basic Conditions of Employment Act),requires employers to allow breastfeeding employees 30 minutes breaks twice per day for breastfeeding or expressing milk every day for the first 6 months of the child’s life. This means that you are allowed two breaks of 30 minutes each […]

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Labour law implications of an employee who is under the influence of cannabis at the workplace

Many employers have policies that prohibit employees from being under the influence of alcohol or drugs at work and this type of policy remains valid and unlawful; even after the recent Constitutional Court judgement that grants individuals the right to cultivate/possess and use cannabis in “private.” This judgement does not mean that an employee now has a “right” to report for duty under the influence of marijuana, having smoked at […]

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Resignation with immediate effect may leave an employee liable to an employer

1. If an employee resigns, he/she is required to work out either the contractual notice period or the minimum notice periods set out in the Basic Conditions of Employment Act (BCEA.) 2. The employer may elect to pay an employee in lieu of notice. The parties may also agree in writing that the employee will not be paid for not working out the notice period if, for example, the employee […]

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