Employment & labour minister Nomakhosazana Meth has gazetted the Labour Laws Amendment Bill, 2025, and the Labour Relations Amendment Bill, 2025, proposing sweeping changes to South Africa’s labour regime, including limiting reinstatement for employees earning more than R1.8m per year largely to cases of automatically unfair dismissal.
In a statement, leading corporate and commercial law firm Cliffe Dekker Hofmeyr (CDH) noted the bill proposed adjustments to remedies, “including limiting reinstatement for employees earning above R1.8m per annum (adjusted annually for the consumer price index) generally to cases of automatically unfair dismissal”.
The bill proposes that ballots to terminate or extend closed shop agreements must be conducted by secret ballot and introduces consequences if ballots are not held within prescribed periods. It also proposes secret ballot requirements before a trade union or employers’ organisation may reject certain advisory arbitration awards in specific strike and lock-out contexts.
Job security, fairness and enforcement mechanisms
The proposed amendments focus on improving job security, fairness and enforcement mechanisms while extending labour rights to vulnerable and previously excluded categories of workers.
This is as the department has signalled its intention to deem workers in the film and television industry as employees, addressing their frequent misclassification as independent contractors and extending basic protections such as sick leave, maternity leave, severance pay and compensation for occupational injuries.
“By reclassifying them accordingly we aim to afford these vital contributors to our creative economy fundamental rights, including sick leave, maternity leave, severance pay and compensation for occupational injuries or diseases,” departmental spokesperson Teboho Thejane said.
“This process may culminate in a sectoral determination that provides tailored regulation for actors, ensuring a more equitable and sustainable industry that nurtures talent and innovation.”
The proposed amendments seek to close gaps in labour protection, improve dispute resolution efficiency and align the country’s labour laws with constitutional principles and international labour standards.
According to the proposed amendments, statutory severance pay for retrenchments increases from one week to two weeks’ remuneration per completed year of service. Disputes about severance pay can now be referred directly to the Commission for Conciliation, Mediation and Arbitration or bargaining councils for quicker resolution
Thejane said the amendments also improve enforcement mechanisms ensuring that employees receive the full benefits of the law.
“The amendments introduce a more equitable parental leave system by replacing the fragmented maternity and parental leave framework with a shared parental leave model. A single or sole employed parent is entitled to four months’ parental leave, while two employed parents share four months and 10 days, subject to agreed arrangements or equal sharing in the absence of agreement, with priority given to the birthing mother,” Thejane said.
“Employees are also protected from being unfairly restricted from working elsewhere unless there are genuine operational reasons (such as protecting confidential information). These measures aim to reduce exploitation, provide greater income and scheduling predictability, and ensure fair treatment compared to permanent staff.”
Thejane said the department remains committed to advancing a fair, modern and inclusive labour market that protects dignity.
DA MP and labour analyst Michael Bagraim said: “My initial feeling is negative. I don’t think [some of the proposed amendments] are good. They are going to be negative for job creation and put people out of jobs.”
Bagraim, however, said there were “one or two good things [about the amendments] as they come at a time when we have to shake up our labour law”.
“We need to look at deregulation instead of tightening the screws. The amendments will attract negative unintended consequences.”
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