Significant changes to South Africa’s labour law framework may be on the horizon. On 26 February 2026, the Minister of Employment and Labour, Nomakhosazana Meth, published two draft legislative proposals in the Government Gazette for public comment. These are the Labour Law Amendment Bill, 2025 and the Labour Relations Amendment Bill, 2025 together with their respective explanatory memoranda.
These draft measures signal a broad review of several key employment statutes and aim to refine aspects of workplace regulation, dispute resolution and labour administration. Stakeholders across the employment landscape including employers, employees, trade unions and professional advisors have been invited to submit comments before the closing date for submissions.
The Labour Law Amendment Bill proposes revisions to a number of foundational labour statutes. These include the Basic Conditions of Employment Act 75 of 1997, the Employment Equity Act 55 of 1998, the National Minimum Wage Act 9 of 2018 and the Unemployment Insurance Act 63 of 2001.
Among other things, the proposed amendments address employment conditions applicable to employees who are required to remain available for work even when they are not actively performing duties. The Bill also proposes revisions to parental leave provisions so that they better reflect constitutional principles relating to equality and family rights under the Constitution of the Republic of South Africa, 1996.
Further proposed changes relate to the determination of severance pay and the identification of the appropriate forums where employees may pursue claims relating to severance pay or unpaid benefit fund contributions. The draft legislation also contemplates strengthening certain enforcement powers of the Commission for Conciliation, Mediation and Arbitration in relation to compliance orders. In addition, the role of bargaining councils in resolving specific labour disputes may be clarified, including their ability to arbitrate particular matters.
Amendments affecting the unemployment insurance framework focus primarily on parental leave benefits. These changes are intended to ensure that the benefits regime aligns with the revised parental leave provisions contemplated in the Basic Conditions of Employment framework as well as with constitutional considerations.
Changes are also proposed under employment equity legislation. The Bill introduces revisions to certain statutory definitions and proposes that employees be permitted to refer harassment related disputes directly to the CCMA. It also addresses the ability of bargaining councils to deal with disputes that arise under employment equity legislation.
Under the proposed amendments to the National Minimum Wage regime, attention is given to the composition and expertise of representatives serving on the National Minimum Wage Commission. The intention appears to be to ensure that individuals appointed to the Commission possess the necessary knowledge, experience and technical ability required to carry out their responsibilities effectively.
Alongside these proposals, the Labour Relations Amendment Bill introduces a wide range of potential changes to the Labour Relations Act 66 of 1995, which remains the central statute governing collective labour relations in South Africa.
The draft Bill includes measures aimed at refining the rules governing ballots in the context of closed shop agreements and clarifying how bargaining council agreements may apply to newly established businesses. The proposed reforms also address financial governance within organised labour structures by introducing enhanced reporting standards for trade unions, employer organisations and bargaining councils.
Other provisions deal with essential services, including adjustments to the functioning of the Essential Services Committee and the mechanisms used to resolve disputes in sectors designated as essential. The Bill also proposes clearer rules relating to the notice period required for certain forms of socio economic protest action.
Administrative and regulatory aspects of labour governance also feature prominently in the proposed amendments. The Minister may be empowered to regulate the retention of ballot records while the Registrar of Labour Relations may be provided with guidelines relating to the cancellation of registrations of trade unions or employer organisations in appropriate circumstances. Additional reporting obligations for federations of trade unions and employer organisations are also contemplated.
The draft legislation further revisits the institutional roles of the Commission for Conciliation, Mediation and Arbitration, the Labour Court of South Africa and the Labour Appeal Court of South Africa. Proposed changes relate to their powers, procedural functions and the management of labour disputes.
The Bill also proposes more detailed guidance regarding fair procedures in dismissals for misconduct or incapacity and revisits the processes applicable to large scale retrenchments for operational requirements. In addition, the amendments contemplate expanding the types of disputes that may be referred to arbitration, including certain discrimination related disputes.
Another proposed development concerns the remedies available in unfair dismissal and unfair labour practice disputes involving higher income earners. The draft legislation suggests that employees earning above a specified threshold may face limitations on the remedies available in such claims, with the Minister being empowered to determine the applicable earnings threshold.
Further provisions seek to prevent the duplication of claims across different forums and introduce a limitation of liability for institutions performing statutory functions under employment legislation. The amendments also explore extending protections relating to freedom of association and collective bargaining to a broader category of workers.
Stakeholders wishing to comment on either of the draft Bills may submit written representations to the Department of Employment and Labour via email. Submissions should be directed to Hlukani.Mabunda@labour.gov.za and Kopano.Kgatlhanye@labour.gov.za.
The deadline for submissions is 28 March 2026, which is thirty days from the date of publication of the notice in the Government Gazette. Interested parties are advised that comments received after this deadline may not be taken into account during the legislative consultation process.
