Big Changes to Work Hours and Parental Leave Planned for South Africa
South Africa could soon see major changes to working hours, job security, and parental leave, following the publication of new draft labour laws for public comment.
The proposals were announced by Employment and Labour Minister Nomakhosazana Meth and are open for public comment until 28 March 2026.
What Laws Are Being Changed?
The draft Bills aim to update several key labour laws, including:
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The Basic Conditions of Employment Act (BCEA)
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The Employment Equity Act (EEA)
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The National Minimum Wage Act (NMWA)
Government says the changes are meant to modernise labour laws, improve fairness, strengthen enforcement, and better protect vulnerable workers.
New Protections for On-Call and Zero-Hour Workers
A new section (9B) of the BCEA introduces protections for workers on:
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On-call contracts
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Zero-hour contracts
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Min-max contracts
These workers—common in retail, security, and hospitality—often face unstable income and last-minute shift cancellations.
Under the proposed rules, employers must clearly state in writing:
If a shift is cancelled without proper notice, the employee must still be paid.
Employers also won’t be allowed to unfairly prevent these workers from taking additional jobs unless there are genuine operational reasons.
Higher Severance Pay for Retrenched Workers
The Bills propose increasing statutory severance pay from:
This mainly affects retrenchments for operational reasons.
Disputes about severance pay can now be taken directly to the CCMA, making it easier and faster for workers to resolve issues.
Big Changes to Parental Leave
The amendments introduce a shared parental leave system, replacing the current fragmented approach.
This follows a Constitutional Court ruling that allows parents to split leave more fairly.
Under the proposed rules:
Expanded Coverage
The new rules also:
Government says this promotes gender equality, recognises modern family structures, and gives families more flexibility.
What Happens Next?
The Bills are open for public comment until 28 March 2026. After that, they may be revised before being tabled in Parliament.
Bottom Line
If passed, these changes would:
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Make working hours more predictable
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Protect vulnerable and contract workers
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Increase severance pay
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Modernise and equalise parental leave
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