Most people only look up their rights at work when something has already gone wrong: a salary that arrives short, a manager who says there is no sick leave, a dismissal by WhatsApp. Knowing the basics before that happens makes it much easier to spot a problem early, raise it calmly and, if you must, take it further.
This guide explains employee rights in South Africa in plain language. It covers the main laws, working hours and overtime, leave, pay and deductions, UIF and injury cover, contracts and notice, and what to do about unfair dismissal. It applies to full-time and part-time employees in most sectors, including domestic workers, farm workers and people placed by labour brokers. It is a general guide, not legal advice: for your own situation, ask the Department of Employment and Labour, the CCMA or your union.
The laws that protect employees in South Africa
A handful of laws set the floor. Your contract, a sectoral determination or a bargaining council agreement can give you more than these laws, but never less.
| Law | What it covers for you |
|---|---|
| Basic Conditions of Employment Act 75 of 1997 (BCEA) | Working hours, overtime, leave, payslips, deductions, notice periods and severance pay. |
| National Minimum Wage Act 9 of 2018 | The lowest hourly wage most employers may pay. Reviewed every year. |
| Labour Relations Act 66 of 1995 (LRA) | Unfair dismissal, unfair labour practices, unions, strikes, the CCMA and bargaining councils, labour brokers. |
| Employment Equity Act 55 of 1998 | Protection against unfair discrimination at work and in hiring. |
| Unemployment Insurance Act and Contributions Act | UIF registration, contributions and benefits for unemployment, illness, maternity and more. |
| Compensation for Occupational Injuries and Diseases Act (COIDA) | Compensation if you are injured or fall ill because of your work. |
| Occupational Health and Safety Act 85 of 1993 | Your employer’s duty to provide a safe workplace and your right to refuse clearly dangerous work. |
Some sectors also have a sectoral determination (for example domestic work, Sectoral Determination 7) or a bargaining council agreement that sets minimum wages and conditions for everyone in that industry and area. If you work in building, clothing, motor, security, hospitality or a similar industry, ask whether a bargaining council agreement covers your workplace; it may set higher pay than the national minimum wage.
Working hours, overtime and rest
Under the BCEA, the ordinary maximum is 45 hours a week: no more than 9 hours a day if you work five days a week, or 8 hours a day if you work more than five days. Overtime must be agreed, and is limited to 3 hours a day and 10 hours a week unless a collective agreement allows more. Overtime is paid at least one and a half times your normal rate, or you can agree to paid time off instead.
- Meal breaks: after five hours of continuous work you are entitled to a break of at least one hour, which can be reduced to 30 minutes by written agreement.
- Daily rest: at least 12 consecutive hours between ending work and starting the next day.
- Weekly rest: at least 36 consecutive hours each week, which must include a Sunday unless otherwise agreed.
- Sunday work: double pay if you do not ordinarily work Sundays; one and a half times if you do.
- Night work (between 18:00 and 06:00) must be agreed and needs an allowance or reduced hours, plus transport arrangements.
- Public holidays: work only by agreement, at no less than double pay.
Senior managers, and employees who earn above an earnings threshold set by the Minister of Employment and Labour, are excluded from some of these hours and overtime rules. The threshold changes from time to time, so check the current amount with the Department if it might apply to you.
Leave: annual, sick, family responsibility and parental
| Type of leave | Minimum | Notes |
|---|---|---|
| Annual leave | 21 consecutive days per 12-month cycle (15 working days on a five-day week), or by agreement 1 day per 17 days worked. | Must be granted within six months of the end of the cycle. Cannot be paid out instead of taken, except when you leave. |
| Sick leave | Over each 36-month cycle, the number of days you normally work in six weeks (30 days on a five-day week). | In the first six months, one day for every 26 days worked. A medical certificate can be required if you are off for more than two consecutive days, or on more than two occasions in eight weeks. |
| Family responsibility leave | 3 paid days a year. | For employees who have worked longer than four months and at least four days a week; for a child’s birth or illness, or a close family member’s death. |
| Maternity and parental leave | The BCEA provides unpaid maternity leave of four consecutive months, and parental leave for other new parents. | Pay during this leave usually comes from UIF benefits unless your employer pays more. The rules on parental leave have been changed by the courts recently; check the current position before you plan. |
Pay, the national minimum wage, payslips and deductions
The national minimum wage
The National Minimum Wage Act sets an hourly minimum that almost all employers must pay, including employers of domestic workers and farm workers. It is reviewed every year and usually changes from 1 March. Some groups, such as workers on certain public employment programmes and people on learnership agreements, have separate rates. Check the current figure on the Department of Employment and Labour’s website or at a labour centre rather than relying on a number someone quotes to you. An employer cannot contract out of it, even if you agreed to less.
Payslips
Every pay day, the BCEA requires your employer to give you written information about your pay: your name and job, the period, your wage rate, overtime, any other payments, every deduction and what it is for, and the net amount paid. A payslip is your record for UIF, tax, loans and any dispute later, so keep them all, even photos of them.
Deductions
Your employer may deduct PAYE tax and your UIF contribution, and deductions allowed by a court order or collective agreement. Anything else, such as a loan repayment, needs your written agreement for a specific debt. Deductions for loss or damage at work, such as a till shortage or a broken item, come with conditions: you must have had a fair chance to explain, the amount must be fair and no more than the actual loss, and the total deducted cannot be more than a quarter of your pay. Being made to “pay back” shortages without that process is not allowed.
Hirovo is a free jobs and local services marketplace, new in South Africa. Create a profile, add the work you do and your area, and apply to or message employers directly.
Create a free profile →UIF and COIDA: cover if you lose work or get hurt
UIF. Employers must register their employees with the Unemployment Insurance Fund and pay monthly contributions: 1% from you and 1% from the employer. UIF can pay benefits if you lose your job, are too ill to work for a long period, are on maternity or parental leave, or adopt a child, and to dependants if a contributor dies. Claims are made at a labour centre or online through the Department’s uFiling system. Keep your payslips, your ID document and the UI-19 form your employer should give you when you leave.
COIDA. If you are injured or become ill because of your work, the Compensation for Occupational Injuries and Diseases Act provides for medical costs and compensation through the Compensation Fund, whether or not anyone was at fault. Employers must register with the Fund. Since the Constitutional Court’s 2020 judgment in the Mahlangu case, domestic workers are covered too. Report any injury at work to your employer straight away and make sure it is written down.
Your contract, probation, notice and resigning
When you start, the BCEA requires your employer to give you written particulars of employment: who the employer is, your job, where you work, your hours, pay and how it is calculated, leave, the notice period and any other terms. A verbal agreement is still a contract, but getting it in writing protects you both. Read it before you sign and keep a copy.
- Probation is allowed, but it must be reasonable in length, and you should get guidance, training and a fair chance to improve before being dismissed for poor performance.
- Notice periods: one week in the first six months, two weeks from six months to a year, and four weeks after a year (four weeks after six months for farm and domestic workers), unless your contract gives more. Notice must be in writing.
- Resigning: give written notice for the period in your contract, work it out or agree otherwise, and ask for your final payslip, leave pay for any unused annual leave, and a certificate of service. The BCEA entitles you to a certificate of service when your employment ends.
- Retrenchment: if you are dismissed for operational reasons, the BCEA requires severance pay of at least one week’s pay for each completed year of service.
Labour brokers and fixed-term contracts
If you earn below the earnings threshold and you are placed by a labour broker (a temporary employment service) for longer than three months, the LRA generally treats you as the client’s employee, and you must not be treated less favourably than the client’s own staff doing the same work without a justifiable reason. Fixed-term contracts for employees below the threshold that run longer than three months also need a justifiable reason. These rules have exceptions; if you have been “temporary” for a long time, ask the CCMA or your union.
Unfair dismissal and the CCMA
Under the LRA, a dismissal must be for a fair reason (your conduct, your capacity or the employer’s operational requirements) and follow a fair procedure. For misconduct, that usually means being told what you are accused of, having time to prepare, and a chance to state your side, with a representative if you want one. Some dismissals are automatically unfair, for example for being pregnant, for joining a union, or for unfair discrimination.
If you think you were dismissed unfairly:
- Write down what happened, with dates, while you remember it, and keep messages, letters and payslips.
- Refer the dispute to the CCMA, or your sector’s bargaining council, within 30 days of the dismissal. Unfair labour practice disputes have 90 days.
- The CCMA will usually try conciliation first; if that fails, the case can go to arbitration. It costs you nothing and you do not need a lawyer.
- For unpaid wages, leave pay or other BCEA problems, you can also go to a labour centre of the Department of Employment and Labour, where inspectors can investigate.
Keep these records from day one:
- Your contract or written particulars of employment.
- Every payslip, or a photo of it.
- Your own note of hours worked, overtime and Sundays.
- Leave requests and approvals, in writing or by message.
- Any warning, notice or dismissal letter, and the date you received it.
- Medical certificates and any injury report.
Rights that are often ignored in small workplaces
In big companies, HR usually knows these rules. In small businesses and private homes, they are more often missed, sometimes simply because the employer does not know them. Common examples: no written contract, no payslip, no UIF registration, leave that is “not available in the first year”, Sunday work at the normal rate, and wages docked for breakages. Raising a problem calmly and in writing, with a reference to the rule, often solves it. If it does not, the labour centre and the CCMA are there for exactly this.
If you are job hunting, our guides to writing a CV in South Africa and to domestic worker jobs in South Africa cover what to ask about pay, hours and UIF before you accept an offer.
Finding work on Hirovo
Hirovo is a free jobs and local services marketplace that is new in South Africa. Employers and households post jobs, and workers create a free profile with the trades or jobs they do and the area where they can work, then apply or send messages in the app. Hirovo does not vet employers or check job terms, and it is not your employer, so the rights in this guide are between you and whoever hires you. Before you start, ask for the pay, hours, days off and whether you will be registered for UIF, and get the answers in writing.
In short
South African labour law gives every employee a floor: at most 45 ordinary hours a week, paid overtime, 21 consecutive days’ annual leave, six weeks’ sick leave over three years, at least the national minimum wage, a payslip, lawful deductions only, UIF and COIDA cover, written particulars and proper notice. If you are dismissed unfairly, go to the CCMA within 30 days. Keep your records, raise problems in writing, and check current figures with the Department of Employment and Labour.