Employment and Labour on closing compliance gaps and expanding worker protections across key sectors

The Department of Employment and Labour has officially withdrawn the 2003 Variation Notice that previously excluded the application of Section 34A of the Basic Conditions of Employment Act (BCEA), which governs the payment of employee benefit fund contributions.

This withdrawal restores the authority of labour inspectors to enforce the timely payment of pension, provident fund, retirement, and medical aid contributions deducted from workers' salaries. For many years, the exemption created a significant enforcement gap, leaving workers, particularly in the security sector and municipalities, exposed to employers who deducted contributions but failed to transfer them to the appropriate funds. With the exemption now removed, inspectors are empowered to verify whether employers have paid contributions into the correct funds, request proof of payment and contribution schedules, and take enforcement action wherever non‑compliance is detected. This intervention strengthens workplace‑level accountability and provides enhanced protection for workers' hard‑earned benefits.

In addition, the Minister of Employment and Labour has published a notice signalling the Department's intention to classify performers and crew members in the film, television, advertising, artistic, and cultural sectors as employees. Many individuals in these sectors are currently labelled as independent contractors despite working under conditions similar to traditional employment.

The initiative seeks to extend essential labour rights to these workers, including access to sick leave, maternity leave, severance pay, protection under the National Minimum Wage, coverage through the Compensation for Occupational Injuries and Diseases Act, and compliance with BCEA provisions such as working hours, termination procedures, and record‑keeping. It also ensures that performers receive rights related to fixed‑term contracts under the Labour Relations Act.

This proposed reform responds to strong stakeholder submissions and acknowledges the vulnerability of performers and production staff who frequently operate without basic protections. The Department has confirmed that this process may culminate in a sectoral determination tailored specifically to the industry's needs. Stakeholders have 30 days from the date of publication to provide written submissions, and the Minister has requested the National Minimum Wage Commission to investigate wage and employment conditions in the sector.

Together, these regulatory measures mark a clear step forward in advancing decent work in South Africa. They demonstrate a renewed commitment to closing compliance gaps, protecting vulnerable workers, and ensuring that employers across all industries uphold the country's labour laws.

The actions reinforce the Department's dedication to promoting fairness in the workplace, supporting a more equitable labour market, ensuring accountability among employers, and safeguarding the rights and dignity of all workers.

For media inquiries, kindly contact:

Petunia Lessing
Director: Media Liaison
Cell: 066 301 4645 
E-mail: petunia.lessing@labour.gov.za

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