Understanding Employee Rights in South Africa
Employee rights in South Africa are guided by the Basic Conditions of Employment Act (BCEA) and the Labour Relations Act (LRA). These laws ensure that every worker is treated fairly, paid correctly, and protected under clear labour standards.
Before the Employer of Record (EOR) model gained traction, international companies had to establish local entities or hire independent contractors, often creating compliance risks. The EOR model, led locally by HireJustNow, simplifies this process by providing global businesses with a trusted South African employment partner that manages all HR, payroll, and compliance matters under South African law.
1. Right to Fair Pay and Payroll Compliance
Every South African employee has the right to lawful and timely remuneration.
The National Minimum Wage Act sets the minimum rate of pay (reviewed annually), and employees must receive payslips reflecting all earnings and lawful deductions.
Salaries are typically paid monthly, with the specific date set in the employment contract. While bonuses are not legally required, many employers offer performance-based or annual bonuses to attract and retain talent. HireJustNow ensures that all employees are paid accurately and that statutory deductions, tax filings, and submissions to SARS are handled correctly every month.
2. Mandatory Contributions and Additional Benefits
South Africa has relatively low mandatory employment contributions compared to other countries, which makes it an attractive location for global hiring.
Mandatory contributions include:
- Unemployment Insurance Fund (UIF): 1% of salary paid by both employer and employee (capped at R177.12 per month).
- Skills Development Levy (SDL): 1% of total monthly payroll, paid by the employer.
- Workmen’s Compensation (COIDA): A small annual, industry-dependent cost managed by HireJustNow.
Additional benefits can be structured to enhance retention and attract top talent, such as:
- Medical aid or monthly stipends
- Retirement annuities
- Other allowances (internet, transport, mobile data)
- Performance-based incentives or a 13th cheque
HireJustNow assists clients in designing tax-efficient and competitive benefit structures that comply with South African labour law and support business objectives.
3. Working Hours and Overtime
The BCEA sets standard working hours at 40 to 45 hours per week, depending on the role.
Overtime must be voluntary and paid at 1.5 times the normal hourly rate or exchanged for time off. No employee may work more than 12 hours per day, including overtime.
However, employees who earn above the Ministerial earnings threshold are excluded from some of the BCEA’s hour and overtime provisions. Their working hours and flexibility are therefore governed by their employment contract, which clearly outlines core working hours and availability expectations.
4. Leave Entitlements
Employees are entitled to several types of leave as provided for in the BCEA and reflected in HireJustNow’s standard employment contracts:
- Annual Leave: 15 working days per year (accrued monthly).
- Sick Leave: 30 days over a 36-month cycle after 6 months of service.
- Maternity Leave: 4 consecutive months, typically unpaid (UIF may assist).
- Parental Leave: 10 consecutive days, unpaid.
- Adoption Leave: 10 consecutive weeks (for one adoptive parent, the other may take 10 days of parental leave).
- Commissioning Parental Leave: 10 consecutive weeks (for one commissioning parent, the other may take 10 days of parental leave).
HireJustNow’s HR and payroll systems keep track of all leave accruals and balances to ensure transparency and compliance.
5. Probation Periods
Probation allows both parties to assess long-term fit.
HireJustNow typically applies a 3-month probation period, extendable up to 6 months for senior or technical roles. During this time, the employee’s performance is reviewed, feedback is provided, and support or training is offered where needed.
Even during probation, all employee rights, such as fair treatment and due process, remain fully protected under South African labour law.
6. Protection Against Unfair Dismissal
Employees cannot be dismissed without a valid reason and fair procedure.
Valid reasons may include: Misconduct, Poor work performance, Incompatibility, Medical incapacity & Operational requirements
Minimum notice periods are as follows:
- Less than 6 months of service: 1 week
- 6 to 12 months of service: 2 weeks
- More than 1 year: 4 weeks
HireJustNow ensures all dismissals or contract terminations follow fair and lawful processes in line with the Labour Relations Act and section 189 of the BCEA where applicable.
7. Public Holidays
South Africa recognises 12 national public holidays each year.
Through HireJustNow, clients may, by agreement, exchange South African public holidays for client-country bank holidays, ensuring alignment across different time zones and operational needs.
8. Remote Work and Equipment Responsibility
Most HireJustNow employees work remotely.
To support this, employment contracts specify that employees must have:
- A stable internet connection (minimum 10 Mbps fibre or LTE)
- Reliable and virus-free equipment
- A backup power solution (UPS or inverter)
Employees are expected to maintain uptime, remain available during core hours, and uphold professional standards during video calls and meetings. HireJustNow and client companies may assist with equipment support or stipends, where agreed.
9. Confidentiality, Compliance, and Data Protection
All employees are required to maintain strict confidentiality regarding client and company information during and after employment.
HireJustNow complies with the Protection of Personal Information Act (POPIA), ensuring that personal and professional data is handled responsibly.
Employees also consent to standard monitoring on company-provided equipment where required by the client for compliance, operational integrity, and security.
Why Employee Rights Matter
Fair employment practices benefit everyone. Upholding South African labour laws builds trust, engagement, and long-term retention, especially in distributed and remote teams.
For global companies hiring through HireJustNow, compliance isn’t a risk, it’s a guarantee. Every employee contract, payroll process, and HR action is aligned with local legislation and guided by over 15 years of South African HR, payroll, and industrial relations expertise.
How HireJustNow Ensures Compliance
HireJustNow manages all HR, payroll, and compliance requirements under South African law, giving global clients peace of mind while empowering employees with clarity and protection.
Your monthly invoice includes both the employee’s salary and HireJustNow’s EOR admin fee, which covers:
- Labour Law & Compliance
- Payroll & HR Administration
- Workforce Reporting
- Employee Onboarding & Offboarding
Pricing starts at £250 per employee per month. See our Pricing Page for details.
Frequently Asked Questions | Employee Rights South Africa
1. Does South African law apply if the company is based abroad?
Yes. Any employee working in South Africa is protected by South African labour law, regardless of where the employer is based.
2. Are EOR employees eligible for UIF benefits?
Yes. HireJustNow registers all employees for UIF, ensuring they can claim for unemployment, illness, or maternity benefits.
3. Can companies adjust South African leave or holidays?
Yes, as long as they meet or exceed BCEA minimums. HireJustNow helps tailor policies to align with client-country norms while remaining compliant.
4. How long does onboarding take?
Once documentation is complete, HireJustNow can onboard employees within one business day, ensuring full compliance and smooth integration.
Final Thought on Employee Rights in South Africa
Employee rights are at the heart of a fair and thriving workplace.
By partnering with HireJustNow, global companies can confidently employ South African talent, knowing every contract, payroll, and compliance step is managed by local experts. It’s not just about legal protection, it’s about empowering South African professionals to perform at their best while helping global businesses grow sustainably.