Summary of Amendments to Labour Legislation

Following the president signing the much anticipated amendments to South African Labour Legislation into law on the 23rd of November 2018, these amendments were gazetted on the 27th of November 2018 and we herewith provide a brief summary of the biggest changes that take effect from the 1st of January 2019:

Basic Conditions of Employment Act

Basic Conditions of Employment Amendment Act, 2018

Labour Laws Amendment Act, 2018 

An Employee who works less than four (4) hours on any given day is entitled to be paid for a minimum of four (4) hours on that day.

Parental Leave will allow a parent to take up to ten (10) consecutive days of parental leave at the birth of a child, when adopting a child or when becoming a parent by virtue of a surrogate motherhood agreement with a surrogate mother. This leave will be payable by the Unemployment Insurance Fund and not the employer.

Adoption Leave will entitle one parent to take up to ten (10) consecutive weeks of adoption leave on the day on which a final adoption order is granted or when a child is placed in their care while the other parent will be entitled to Parental Leave as envisioned above. This leave will be payable by the Unemployment Insurance Fund and not the employer.

Commissioning Parental Leave will entitle one parent to take up to ten (10) consecutive weeks of commissioning parental leave on the day on which a child is placed in their care by virtue of a surrogate motherhood agreement with a surrogate mother while the other parent will be entitled to Parental Leave as envisioned above. This leave will be payable by the Unemployment Insurance Fund and not the employer.

Family Responsibility Leave will no longer apply to the birth of a child.

Some of the effects Written Undertakings and Compliance Orders by the Department of Labour may now be dealt with through the CCMA instead of the Labour Court, including disputes about Minimum Wages.

Where an employer does not comply with the payment of the new National Minimum Wage, the Employee will be entitled to compensation calculated as follows:

• For a first offence, double the difference between what was paid and what should have been paid for the period or twice his/her monthly remuneration, whichever is the higher.
• For second and further offences, thrice the difference between what was paid and what should have been paid for the period or thrice his/her monthly remuneration, whichever is the higher.

Labour Relations Act

Labour Relations Amendment Act, 2018

Strikes and/or Lockouts will now require the establishment of Picketing Rules, either by agreement or by the Conciliating Commissioner before such industrial action may commence. 

Prior to the commencement of Strikes and/or Lockouts the Union and/or Employer’s Organization must first undertake a ballot.

Minimum Wage Act

National Minimum Wage Act, 2018

The National Minimum Wage with effect from the 1st of January 2019 shall be:

• R 11.00 p/h for workers employed on expanded public works programmes;
• R 15.00 p/h for domestic workers;
• R 18.00 p/h for farm- and forestry workers; and
• R 20.00 p/h for all other workers.

It is important to note that this is relating to the basic hourly wage and takes effect regardless of any allowances which the employee may also be entitled to. Learners and Apprentices will be entitled to the following allowances: