The Department of Employment and Labour has taken a significant step towards enhancing workers’ rights with the publication of the Labour Laws Amendment Bill, 2025, along with the Labour Relations Amendment Bill, 2025.
These proposed changes mark a pivotal shift in South Africa’s labour landscape, aiming to fortify job security and extend fundamental rights to workers who have historically been excluded from protections, Cape {town} Etc reports.
Also see: What you need to know about the CCMA
With a focus on modernising key labour laws, the amendments introduce practical measures to improve fairness and enforceability within the workplace. In a country where millions rely on precarious employment, these intents offer a glimmer of hope for many.
Equitable parental leave system
One of the standout features of the amendments is the introduction of a more equitable parental leave system. The fragmented maternity and parental leave framework will be replaced by a shared parental leave model, reflecting a progressive stance towards gender equality and diverse family structures.
Under the new rules, a single or sole employed parent can take four months of parental leave, while two employed parents may share the same duration plus an additional 10 days.
This shift prioritises the birthing mother while providing both parents with greater flexibility during a crucial time.
Moreover, the scope of parental leave now includes adoptions of children up to six years old and commissioning parents in surrogacy arrangements, thereby ensuring that all families are appropriately supported as they navigate significant life events.
Protection for vulnerable workers
Another vital change stems from the new section 9B of the Basic Conditions of Employment Act (BCEA), which aims to protect workers on ‘on-call’, zero-hours, or min-max contracts.
Often employed in sectors like retail, hospitality, and security, these workers frequently face inconsistency in hours, fluctuating incomes, and last-minute cancellations.
The amendments stipulate that employers must clearly define guaranteed hours, availability periods, and provide appropriate notice for cancellations. If shifts are cancelled without adequate notice, employees are entitled to compensation for those hours.
Furthermore, amendments will shield these workers from unfair restrictions on seeking additional employment unless there are legitimate operational concerns, thereby directly addressing exploitation and seeking to enhance income and scheduling predictability.
Severance pay and dispute resolution improvements
The new legislation also boosts statutory severance pay from one week to two weeks’ remuneration for every completed year of service, providing a critical financial cushion for those facing retrenchment.
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Simplifying the procedure, disputes specifically surrounding severance pay can be directed to the Commission for Conciliation, Mediation and Arbitration (CCMA) or a bargaining council, offering a more accessible resolution process without delving into the fairness of the dismissal.
Further amendments clarify that CCMA awards for unpaid contributions to benefit funds can now include interest, ensuring employees reclaim what is owed more efficiently, while avoiding duplication of claims.
Empowering gig and independent workers
In a notable expansion of rights, the Labour Relations Amendment Bill extends basic rights to previously marginalised categories of workers, such as gig workers and delivery drivers. The introduction of Schedule 11 creates a presumption of employment, unless an employer can prove otherwise, thus granting these individuals access to trade unions, collective bargaining, and protections against unfair dismissal.
This crucial reform aligns with South Africa’s commitments to the International Labour Organisation’s Convention 87, addressing the precariousness of modern employment.
New measures for compliance and protection
Addressing compliance gaps, the Department has also issued a notice which requires strict and timely payments to benefit funds, an action spurred by pervasive non-compliance in sectors such as security and municipalities.
Additionally, efforts to rectify vulnerabilities in the Film and Television industry, as actors and crew members are often misclassified as independent contractors, will bring essential employee protections to this creative workforce.
Compiled by Sibuliso Duba
First published on Cape {town} etc
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