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South Africa’s labour law environment is constantly evolving. From tightening workplace safety regulations to redefining dismissal rights, changes in legislation can have a direct impact on how HR professionals and business leaders manage their workforce. Staying informed is no longer optional, it’s a strategic necessity for legal compliance and organisational resilience.
Covered in this article
Recent and Upcoming Labour Law Amendments
New Developments at the CCMA
Occupational Health and Safety (OHS) Act Updates
Employment Equity and Ministerial Targets
Practical Steps for Compliance
Grow with CUT’s Advanced Diploma in Human Resource Management
Final Thoughts: Transform Compliance Into Capability
FAQs
Recent and Upcoming Labour Law Amendments
South Africa’s labour law landscape is undergoing a significant shift in response to changing workplace dynamics and the need to better protect both employees and employers.
Redefining Fair Dismissal During Probation
One of the most discussed changes is a proposed amendment to section 188(4) of the Labour Relations Act (LRA). Under this proposal, employers could be allowed to dismiss probationary employees within the first three months — or within a longer "reasonable" probation period — without facing claims of unfair dismissal. However, this wouldn’t apply to cases of automatically unfair dismissals, such as those based on discrimination. If implemented, this change would give employers greater flexibility during the onboarding phase, but it also requires careful documentation to avoid potential disputes.
Reconsidering Remedies for High-Earning Employees
Another key proposal could reshape how dismissals of high-earning employees are handled. Currently, reinstatement is a standard remedy for unfair dismissal. However, the proposed amendment suggests that high earners may no longer be entitled to reinstatement — and may instead receive capped compensation. This aims to strike a balance between fairness and practicality in executive-level terminations.
Severance Pay Reform
In a move that reflects the rising cost of living and the need to enhance employee support, there’s also a proposal to increase the statutory minimum severance pay from one week to two weeks’ salary per completed year of service. This would apply to service rendered after the commencement of the Amendment Act and would be a major consideration for organisations planning retrenchments or restructuring.
Inclusion of Non-Traditional Workers
Gig workers, freelancers, and on-demand contractors have long operated in a regulatory grey area. The proposed amendments to the LRA include provisions that would extend organisational and bargaining rights to these non-traditional workers. This shift acknowledges the realities of modern employment models and signals the state’s intention to strengthen protections across all labour sectors.
To turn legislative insight into actionable strategy, learn how to leverage HR analytics to anticipate compliance gaps, optimise workforce planning, and make smarter decisions aligned with South Africa’s evolving labour framework. Explore how HR data can drive legal and organisational impact.
New Developments at the CCMA
The Commission for Conciliation, Mediation and Arbitration (CCMA) remains the cornerstone of labour dispute resolution in South Africa. In recent months, its operations have seen significant changes aimed at enhancing efficiency and accessibility.
Digital Dispute Resolution
Perhaps the most transformative update is the CCMA’s launch of virtual proceedings. As of January 2025, disputes can now be resolved through digital hearings, a welcome development that addresses logistical constraints and promotes wider access to justice, especially for remote workers or rural employers.
Virtual arbitration, however, demands a new level of preparedness from HR practitioners. Documents must be submitted in advance, digital etiquette must be followed, and all parties must ensure stable internet connectivity. For employers, this means investing in digital literacy and preparing line managers for navigating virtual disputes.
Strategic Outlook: Prevention Over Resolution
The CCMA’s newly published 2025–2030 Strategic Plan signals a shift from reactive resolution to proactive prevention. With goals focused on collective bargaining, training, and mediation, the CCMA is encouraging employers to engage in more constructive conflict management before issues escalate into formal cases.
Case Law Insight: De Wet v CCMA
In one of the most influential rulings this year, the CCMA held in De Wet v CCMA that delays in taking disciplinary action are not automatically unfair. Instead, the fairness of such delays depends on the context, nature of the allegations, and employer justifications. For HR professionals, this reinforces the importance of fair process over rigid timelines.
Occupational Health and Safety (OHS) Act Updates
Workplace safety legislation in South Africa has seen one of its most comprehensive overhauls in decades. The Department of Employment and Labour has introduced multiple regulations aimed at strengthening employee protection and employer accountability.
Physical Agents Regulations 2024
Replacing outdated environmental rules, the Physical Agents Regulations now require documented risk assessments for exposures to radiation, noise, vibration, and lighting. Employers must identify vulnerable employees and implement medical screening protocols where necessary. These regulations will be phased in fully by September 2026, giving businesses time to adapt, but delaying implementation is not advised.
Revised Noise Exposure Requirements
The 2003 regulations on hearing loss have been replaced with more stringent Noise Exposure Regulations. Employers must now monitor noise levels biannually using authorised inspectors and ensure that all affected employees undergo regular audiometric testing. Non-compliance could result in fines or shutdown orders, particularly in manufacturing or construction settings.
General Safety Regulation Amendments
The latest update to the General Safety Regulations, effective from March 2025, places clear responsibilities on employers to manage workplace safety proactively. New provisions include flood control protocols, improved fire hazard signage, and clear evacuation pathways. These changes make it clear: workplace safety is no longer just about compliance, it’s about foresight.
Employment Equity and Ministerial Targets
South Africa's employment equity framework has entered a new era. With the enactment of the Employment Equity Amendment Act (2020), and its full implementation beginning in January 2025, the government is shifting from encouraging diversity to enforcing it, particularly among larger organisations seeking public sector contracts.
What the Amendment Entails
Under the amended legislation, the Minister of Employment and Labour now holds the authority to set sector-specific numerical targets for designated employers. These targets are based on national and regional demographics and are intended to speed up transformation within top and middle management roles. In practical terms, this means businesses must demonstrate measurable progress toward more equitable representation across race and gender lines.
The Department of Employment and Labour is already engaging with sectors to define these targets. For instance, mining, financial services, and engineering may each face different equity requirements, depending on historical disparities and transformation progress to date.
Compliance is Linked to Procurement
Perhaps the most consequential element of the amendment is that employers who fail to meet these targets — or to provide reasonable justifications for not doing so — may be barred from doing business with the state. This has put employment equity squarely on the CFO’s radar, not just the HR department’s.
In short, achieving or making sufficient effort towards equity is no longer just a moral or reputational issue — it’s a commercial one.
Public Debate and Legal Challenge
The amendment has sparked national debate. Critics, including the Democratic Alliance, argue that the legislation could deter investment and violate constitutional rights. The ruling ANC maintains that these measures are necessary for meaningful redress and inclusive economic participation. Regardless of which side one aligns with, one thing is clear: non-compliance is no longer an option for employers in regulated sectors.
Practical Steps for Compliance
In a climate of legal reform and intensified enforcement, businesses must act, not react. Compliance with evolving labour legislation requires more than just awareness; it demands strategic implementation across HR, operations, and leadership. Below is a practical, actionable roadmap that empowers organisations to stay ahead of legal risks while strengthening their commitment to fair, lawful, and ethical employment practices.
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Update Employment Contracts and Policies
Ensure your HR documentation reflects current and proposed legislation, especially around probation, dismissal, severance, and remote work. -
Prepare for Virtual Hearings
Familiarise yourself with the CCMA’s new digital processes and test systems before any dispute resolution sessions. -
Conduct Risk Assessments and Medical Surveillance
Compliance with the Physical Agents and Noise Regulations now requires proactive safety assessments and monitoring. -
Engage with Employment Equity Advisors
Help your organisation meet newly legislated transformation targets by consulting diversity and equity experts. -
Upskill Through Structured Learning
Use your organisation’s LMS to roll out milestone-based training programmes. Professional development aligned with labour law compliance is now a strategic advantage.
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The Advanced Diploma in Human Resource Management, offered fully online by Central University of Technology, empowers professionals to lead with confidence in today’s regulatory climate. Through structured, deadline-driven modules, the programme offers in-depth insights into labour law, employee relations, compliance, and strategic HRM.
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Final Thoughts: Transform Compliance Into Capability
Labour law compliance isn’t just about avoiding penalties; it’s about building trust, fairness, and strategic strength in your workforce. By staying informed, HR professionals can protect their organisations and drive meaningful progress.
Ready to deepen your knowledge and build resilience in your HR practice? Explore how CUT’s fully online Advanced Diploma in Human Resource Management can help you lead legal, ethical, and impactful change.
FAQs
1. What is the role of the Commission for Conciliation Mediation and Arbitration (CCMA) in labour disputes?
The CCMA is an independent body that resolves workplace disputes through conciliation, mediation, and arbitration. It handles issues like unfair dismissal, discrimination, and wage disagreements. With virtual hearings now in effect, employers must ensure digital readiness for efficient participation.
2. What changes have been made to the South African Labour Relations Act in 2025?
Recent proposals include extended probation flexibility, increased severance pay, and reduced reinstatement rights for high earners. Employers should review dismissal procedures and employment contracts to align with these updates.
3. How does the OHS Act South Africa impact employer obligations in 2025?
Employers must now conduct risk assessments for hazards like noise, radiation, and heat exposure. Under the revised regulations, medical monitoring and formal documentation are mandatory. Non-compliance can result in penalties or shutdowns.
4. Can remote employees claim unfair dismissal through the CCMA?
Yes. Remote status does not exclude employees from labour protections. Disciplinary processes and dismissals for remote workers must still follow fair procedure and substantive justification, as upheld by the CCMA.
5. What are the employment equity compliance requirements for companies with more than 50 employees?
Employers with over 50 staff must meet sector-specific equity targets or provide justifiable reasons for non-compliance. These targets affect eligibility for government tenders and may impact BBBEE scoring.
6. What steps should HR take to prepare for CCMA virtual hearings?
HR teams should digitise all employee records, train managers on procedural fairness, and ensure stable internet connectivity. Use screen-sharing tools to present evidence clearly and confirm attendance protocols in advance of the hearing.
7. How often must noise exposure levels be measured under the new OHS regulations?
According to the revised Noise Exposure Regulations, noise levels must be measured at least once every two years by a competent person. Results must be documented, and affected employees must undergo audiometric testing.
8. What is the difference between fair and automatically unfair dismissal under the Labour Relations Act?
Fair dismissals are based on misconduct, incapacity, or operational requirements, and must follow due process. Automatically unfair dismissals involve reasons like pregnancy, union involvement, or whistleblowing and carry stricter penalties.
9. How can HR analytics support compliance with new labour laws?
HR analytics can identify compliance risks early by tracking absenteeism, disciplinary trends, and demographic equity gaps. Leveraging data helps create proactive strategies to avoid legal pitfalls and align with new regulations.
10. How do I align severance pay with the new legislative changes?
Review your company’s severance policy to ensure it meets the proposed increase to two weeks’ remuneration per year of service. Communicate any changes clearly to employees, and budget for potential restructuring costs.
