Call for Comments on the Draft Amendments to the Employment and Labour Regulations, 2005.
The Department of Employment and Labour has published the Draft Labour Law Amendment Bill, 2025 on the 28 February 2026, the Draft Bill proposes several amendments to existing labour legislation, it aims to strengthen protections for employees, enhance the effectiveness of dispute‑resolution mechanisms, and align various employment related provisions with the Constitution.
The key proposed amendments include the following:
Basic Conditions of Employment Act, 1997 substitution and insertion of certain definitions:
- Extending the applicability of sectoral determinations to a broader category of employees.
- Introducing minimum employment conditions for employees who are required to be “available for work.”
- Providing for parental leave in a constitutionally compliant manner.
- Clarifying employees’ entitlement to severance pay and the appropriate forum for resolving disputes relating to severance pay.
- Further specifying procedures for recovering unpaid contributions to benefit funds.
- Expanding the powers of the CCMA to enforce compliance orders.
- Clarifying the powers of bargaining councils to arbitrate disputes concerning basic employment conditions.
- Empowering the Minister to make regulations regarding the use of fines imposed by the CCMA.
Employment Equity Act, 1998
- Substitution of the definition of employment law and enabling employees to refer claims involving unfair harassment to the CCMA.
- Specifying the capacity of bargaining councils to resolve disputes arising under the Act.
Unemployment Insurance Act, 2001
Providing for the payment of parental leave benefits by the Unemployment Insurance Fund in line with the BCEA and the Constitution.
National Minimum Wage Act, 2018
- Clarifying that deferred payments made to employees are not considered when determining compliance with the national minimum wage.
- Amending the composition of the National Minimum Wage Commission.
- Requiring Commission representatives to possess appropriate knowledge, skills, and experience.
- Removing the requirement for the President to determine the date on which the Commission must submit its report to the Minister.