How the Labour Law Amendment Bill, 2025 Could Transform Your Workplace
Introduction
On 26 February 2026, the Minister of Employment and Labour published the Labour Law Amendment Bill, 2025 (“Bill”)[1] for public comment until 28 March 2026. This Bill proposes major amendments that could ultimately reshape South African Employment Law. The particular statutes that are proposed to be amended include, inter alia, the Basic Conditions of Employment Act 75 of 1997 (“BCEA”), the Employment Equity Act 55 of 1998 (“EEA”), the Labour Relations Act 66 of 1995 (“LRA”) and the National Minimum Wage Act 9 of 2018 (“NMWA”).
Although South African Employment Law is well anchored and continues to influence the domestic employment laws of other countries, the proposed Bill foreshadows a pivotal shift towards modernisation and strengthened accountability in the employment law landscape. In view hereof, this article aims to cast light on two key proposed amendments to current legislation that the Bill seeks to effect, providing insight into reasons for the proposed changes and desired outcomes that these changes seek to achieve.
What is Employment Law?
Employment law is the legal framework that governs both individual and collective relationships within the workspace, including aspects of workplace health and safety, remuneration and benefits, leave, unemployment compensation and workplace conduct.[2] On the one hand, individual employment law regulates the employee-employer relationship; on the other hand, collective employment law regulates the employer-trade union relationship and the trade union-employee relationship.[3] For the purposes of this article, key proposed amendments will be analysed through the lens of the individual employee-employer relationship, shedding light on rights and responsibilities of both parties.
Key proposed amendments to the current legislative landscape
Presumption of employment
The Bill’s newly inserted Schedule 11 of the LRA contains a rebuttable “presumption of employment” in terms of which a worker is presumed to be an employee, unless the employer can prove that:
- the person is not subject to the control and direction of the employer in connection with the performance of the work or provision of the services;
- the person is not part of the organisation of the employer; and
- the person does not perform work for or provide services to customers or clients on behalf of the employer under terms set by the employer.
This new addition aims to improve job security, promote fairness and extend fundamental rights and protections under the LRA to categories of workers who were previously excluded from enjoyment thereof. The reason for this shift is clear. Over the years, the concept of employment has undergone significant evolution and due to the current digital age and the dynamicity of the employment market, a gap exists in the current employment law regulatory framework.
In terms of the LRA, an employee is defined as “(a) any person, excluding an independent contractor, who works for another person or for the State and who receives, or is entitled to receive, any remuneration; and (b) any other person who in any manner assists in carrying on or conducting the business of an employer”.[4] This definition encountered innumerable interpretive difficulties in practice due to its restrictive application.
However, the Bill aims to cater for and entrench modernisation by proposing to legally recognise workers who do not fall within the current definition of ‘employee’, as employees. Such workers include gig or freelance platform workers, delivery and courier drivers and ride-hailing operators.[5] To address the current interpretative hurdle, the Bill has introduced its own definition of an employee which is “an individual, other than an employee as defined in section 213 of the Act, who works for a person that is not a client or customer of any profession, business or undertaking carried on by the individual.” This proposed amendment places the actual working relationship between and employer and their employee at the forefront and shifts emphasis away from job titles or contractual labels that aim to exclude certain individuals from protection under the LRA. The desired effect is that individuals who are integrated into the employer’s business or who depend on their employer for their primary source of income may be classified as employees, regardless of whether they are labelled as independent contractors.
By affording previously excluded workers more extensive coverage under the LRA, the protection and enforcement of their rights also becomes significantly easier as these individuals will now gain access to rights traditionally reserved for employees such as, inter alia, the right to participate in collective bargaining, the right to join a trade union, the right to participate in a protected strike and the right to a fair dismissal.
Protection for on-call and zero-hours workers
The Bill proposes a newly inserted section 9B of the BCEA which provides explicit protection to “on-call”, “zero-hours” or shift-based workers. Industries that frequently make use of such workers are the retail industry and the hospitality industry and these workers are often vulnerable to unpredictable work hours, inconsistent earnings and last-minute cancellations of shifts.[6]
Section 9B(2) requires employers to provide these workers with written contracts of employment, expressly stipulating:
- guaranteed and maximum working hours;
- periods which the employee must be available for work;
- reasonable notice periods to the employee to report to work; and
- reasonable notice periods for the cancellation of work.
As evidenced from the above requirements, the Bill aims to ensure that employees receive a minimum amount of work and pay, which provides for greater financial stability. Moreover, it requires employees be informed on reasonable notice when they are to report to work, reducing the risk of unfair demands from employers and eliminating stress, uncertainty and practical difficulties. In the event that a shift is cancelled without reasonable notice, the employee would also be entitled to remuneration for their cancelled shift.[7] This ensures that on-call workers are compensated for the time that they set aside to be available for work. Section 9B goes further by protecting on-call employees from being unfairly prohibited or restricted from seeking additional employment unless there are genuine operational reasons preventing such further employment.[8]
Evidently, section 9B aims not only to enhance security of employment and income but it also seeks to directly address the exploitation of on-call employees by their employers, thus reinforcing the values of fairness, dignity and accountability in employment relationships.
Conclusion
The proposed amendments contained in the Labour Law Amendment Bill, 2025 represent a significant step in the continued evolution of South Africa’s employment law framework. By introducing a presumption of employment and enhanced protections for on-call workers, the Bill seeks to align the law with the realities of an increasingly dynamic and digitised labour market whist strengthening accountability within employment relationships.
Should these amendments be enacted in their current form, they are likely to have far-reaching implications for employers and workers alike, particularly in sectors that rely on flexible or platform-based labour. Employers would therefore be well advised to monitor the progress of the Bill closely and to begin assessing their current employment structures and contractual arrangements in anticipation of potential regulatory change.
Bibliography
Books:
Taylor S & Emir A. “Employment Law: an Introduction” (2025) 6 ed SAGE Publications Ltd.
Legislation:
Basic Conditions of Employment Act 75 of 1997 (“BCEA”).
Employment Equity Act 55 of 1998 (“EEA”).
Labour Relations Act 66 of 1995 (“LRA”).
National Minimum Wage Act 9 of 2018 (“NMWA”).
Bills:
Labour Law Amendment Bill, 2025 GN 3801 in GG 54220 of 26 February 2026 (accessible at: https://www.gov.za/sites/default/files/gcis_document/202602/54220gen3801.pdf).
Internet sources:
Huy Tran “Employment Law 101: Essential Terms Every Employee Should Know” LETRANLAW (09-01-2024) https://letranlaw.com/insights/employment-law-101-essential-terms-every-employee-should-know/#What_is_Employment_Law (accessed 5 March 2026).
Jacaranda FM “Major Law Changes Set to Impact South African Working Hours” Jacaranda FM (3 March 2026) https://www.jacarandafm.com/shows/drive/major-law-change-sets-impact-south-african-work-hours/ (accessed 5 March 2026).
Luke Fraser “Big Changes for Work Hours Coming to South Africa” Business Tech (28-01-2026) https://businesstech.co.za/news/government/852511/new-laws-for-work-hours-coming-to-south-africa/ (accessed 5 March 2026).[1] Labour Law Amendment Bill, 2025 GN 3801 in GG 54220 of 26 February 2026.
[2] Huy Tran “Employment Law 101: Essential Terms Every Employee Should Know” LETRANLAW (09-01-2024) https://letranlaw.com/insights/employment-law-101-essential-terms-every-employee-should-know/#What_is_Employment_Law (accessed 5 March 2026). [3] Taylor S. & Emir A. “Employment law: an Introduction” (2026) 6 ed. SAGE Publications Limited 4 3-28. [4] Section 213. [5] Jacaranda FM “Major Law Changes Set to Impact South African Working Hours” Jacaranda FM (3 March 2026) https://www.jacarandafm.com/shows/drive/major-law-change-sets-impact-south-african-work-hours/ (accessed 5 March 2026). [6] Luke Fraser “Big changes for work hours coming to South Africa” Business Tech (28-01-2026) https://businesstech.co.za/news/government/852511/new-laws-for-work-hours-coming-to-south-africa/ (accessed 5 March 2026). [7] Section 9B(4). [8] Section 9B(6).By ’Aakifah van Rooyen
Candidate Attorney at Adriaans Attorneys
While every reasonable effort is taken to ensure the accuracy and soundness of the contents of this publication, neither writers of the articles nor the publisher will bear any responsibility for the consequences of any actions based on information or recommendations contained herein. Our material is for informational purposes and should not be construed as legal advice.
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