Références
South Africa's key labour legislation includes the Labour Relations Act (LRA) of 1995, the Basic Conditions of Employment Act (BCEA) of 1997, and the Employment Equity Act (EEA) of 1998.
The LRA focuses on collective bargaining, trade union rights, and dispute resolution.
The BCEA sets minimum standards for employment, including working hours, leave, and wages.
The EEA addresses unfair discrimination and promotes affirmative action.
Basic Conditions of Employment Act [BCEA], No. 75 of 1997 and Amendments - Last Updated 2025
Date:
1 Jan 1970;
voir le site internet
»
Employment Equity Act, 1998 [No. 55 of 1998] - G 19370 - - Last Updated 2025
voir le site internet
»
Code of good practice on dismissal [Schedule 8 amended by s. 57 of Act No. 42 of 1996 and by s. 56 of Act No. 12 of 2002.]
[Please note that, although this Code is not binding, it should be used by employers as a guideline when exercising their powers of discipline and dismissal. In addition, it must be considered by any competent authority assessing whether or not the dismissal is fair]
voir le site internet
»
Labour Relations Act [LRA], No. 66 of 1995 and Amendments - Last Updated 2025
voir le site internet
»
Champ d'application
Taille des entreprises exclues (≤): aucune
Catégories de travailleurs exclues: services de sécurité étatiques, armée, gens de mer
- An employee is defined as "any person, excluding an independent contractor, who works for another person or for the State and who receives, or is entitled to receive, any remuneration" (sec. 1 BCEA and 213 LRA).
- The LRA which regulates unfair dismissal applies to all employers and employees in both the public and the private sectors, with the exception of members of the National Defence Force, the National Intelligence Agency and the South African Secret Service (sec. 2, LRA). The BCEA contains a similar exclusion but also excludes unpaid volunteers working for charitable organizations and merchant seamen (except for the provisions on severance pay [sec. 41]; leave [Ch. 3]; particulars of employment and remuneration [Ch. 4]; termination of employment [Ch. 5]; prohibition of employment of children and forced labour [Ch. 6]; and monitoring, enforcement and legal proceedings [Ch. 10];). These are protected against unfair dismissal under the LRA.
- The specific provisions on the BCEA on termination of employment (i.e notice, severance pay) do not apply to employees who work less than 24 hours in a month for a employer.
Notes / Remarques
An updated version of the Draft Code of Good Practice on Dismissal was published on 22 January 2025. Members of the Public were invited to submit written comments on the Draft Code within 60 days from the publication date of the notice in the Government Gazette.
▻ Hard Copies of the latest Drafts (2025) are provided in attachments to the current page.
Réforme législative en cours:
As of 2025, the reform process is ongoing. <br/>
Following negotiations on substantive labour law reforms between organised business, organised labour, and Government at the National Economic Development and Labour Council (NEDLAC)—which began in April 2022—the NEDLAC Report on the Labour Law Reform Process was published (see: FINAL NEDLAC REPORT ON THE LABOUR LAW REFORM PROCESS - https://www.cliffedekkerhofmeyr.com/export/sites/cdh/news/publications/2025/Practice/Employment-Law/Downloads/NEDLAC/NEDLAC-Report.pdf).
The report outlines the proposals tabled and the outcomes of discussions among the parties. The report and the proposed amendment bills have been submitted to the Minister of Employment and Labour. The amendment bills aim to introduce changes to the Labour Relations Act, 1995; the Basic Conditions of Employment Act, 1997; the National Minimum Wage Act, 2018; and the Employment Equity Act, 1998.
CDD reglementés: Non
There are no provisions in the LRA on the conditions for concluding FTCs. However, renewals of FTCs are dealt with in relation to the definition of dismissal (sec. 186 (1) b) "Dismissal means that an employee reasonably expected the employer to renew a fixed term contract of employment on the same or similar terms but the employer offered to renew it on less favourable terms, or did not renew it".
Motifs autorisés de recours au CDD: aucune limitation
No statutory limitation.
Nombre maximum de CDD successifs: aucune limitation
No maximum number specified in the legislation. However, under the LRA an employer who fails to renew a fixed-term contract, when a 'reasonable expectation' that it will be renewed is held by the employee, is deemed to have dismissed the employee.
Durée cumulée maximum de CDD successifs: aucune limitation
No statutory limitation.
Durée maximale de la période d'essai (en mois):
aucune limitationNo maximum duration specified in the legislation.
The probationary period may be negotiated and stipulated in the contract of employment. The Code of Good Practice on dismissal contained in schedule 8 of the LRA stipulates that the probationary period must be of a reasonable duration determined in advance with reference to the nature of the job and the time it takes to determine the employee's suitability for continued employment. The period of probation may only be extended for a reason that relates to the purpose of probation, and the period of extension should not be disproportionate to the legitimate purpose that the employer seeks to achieve. An employer may only decide to extend the probationary period after inviting the employee to make representations and considering them (see sec. 8 (1) of the Code). (see sec. 8 (1) of the Code).
Obligation d'informer le travailleur des raisons du licenciement: Oui
Motifs autorisés (licenciement justifié):
Motifs prohibés: état matrimonial, grossesse, responsabilités familiales, avoir déposé une plainte contre l'employeur, race, couleur, sexe, orientation sexuelle, religion, origine sociale, âge, affiliation et activités syndicales, handicap, langue, participation à une grève légale, dénonciation/ alerte, origine ethnique
The LRA provides that a dismissal is automatically unfair if the reason for the dismissal is one that amounts to an infringement of the fundamental rights of employees and trade unions (i.e trade union or workplace forum membership or activities), or if the reason is one of those listed in section 187. These are:
* participation in, support to, or intention to support a lawful strike
* the employee refused to do any work normally done by an employee who is participating in a lawful strike unless the work is necessary to prevent an actual danger to life, personal safety or health,
* compelling an employee to accept a demand concerning a matter of mutual interest between the employer and employee;
* the exercise of a right under the LRA, or participation in any labour proceedings;
* pregnancy or maternity; or
* unfair discrimination based on any arbitrary ground, including but not limited to race, gender, sex, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, political opinion, culture, language, marital status or family responsibility unless the reason for dismissal is based on an inherent requirement of the particular job;
* dismissal based on age, unless the employee has reached the normal or agreed retirement age for employees in that capacity;
* a transfer, or a reason related to a transfer of contract of employment contemplated in section 197 or 197A LRA; or
* a contravention of the Protected Disclosures Act, 2000, by the employer, on account of an employee having made a protected disclosure defined in that Act.
Travailleurs bénéficiant d'une protection particulière: représentants des travailleurs
Protection only applicable to disciplinary dismissals:
According to sec. 4(2) of the Code of Good Practice, disciplinary proceedings against a trade union representative should not be instituted without first informing and consulting the trade union.
Forme de la notification du licenciement au travailleur: écrite
See sec. 37(4) BCEA: Notice of termination must be given in writing and explained orally to an employee who is not able to understand it.
Délai de préavis:
Sec. 37(1) BCEA establishes minimum notice periods to be observed by the employer when he or she intends to dismiss an employee, as follows:
- 1 week's notice if the employee has been employed for 6 months or less,
- 2 week's notice if the employee has been employed for more than 6 months but not more than 1 year;
- 4 weeks if the employee has been employed for one year or more (or is a farm or domestic workers employed for more than 6 months)
Collective agreements only provide shorter notice periods than those stipulated by the BCEA for workers with more than 1 year of service. In such cases, the notice period can be reduced to 2 weeks (sec. 37(2) BCEA).
ancienneté ≥ 6 mois:
- Tous: 2 semaine(s).
ancienneté ≥ 9 mois:
- Tous: 2 semaine(s).
ancienneté ≥ 2 ans:
- Tous: 4 semaine(s).
ancienneté ≥ 4 ans:
- Tous: 4 semaine(s).
ancienneté ≥ 5 ans:
- Tous: 4 semaine(s).
ancienneté ≥ 10 ans:
- Tous: 4 semaine(s).
ancienneté ≥ 20 ans:
- Tous: 4 semaine(s).
Indemnité compensatrice de préavis: Oui
Sec. 38 BCEA.
Notification à l'administration publique: Non
Notification aux représentants des travailleurs: Non
Except for individual dismissals based on operational requirements (see sec. 189 LRA).
See also sec. 4(2) of the Code of Good Practice on Dismissal - schedule 8 of the LRA: Disciplinary proceedings against a trade union representative should not be instituted without first informing and consulting the union.
Autorisation de l'administration publique ou d'un organe judiciaire: Non
Accord des représentants des travailleurs: Non