81
79
81
Approaching Access to Decent Work
80
80
40
50
80
100
80
100
100
100
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the legislation or collective negotiation set and determine the minimum wages in the country? | Yes | 1 | §54-55, 76-A, and 78 of the Basic Conditions of Employment Act, 1997; Minimum Wage Act, 2018 | No Change |
| Does the law require regular and timely payment of wages? | Yes | 1 | §1 & 32-35 of the Basic Conditions of Employment Act, 1997 | No Change |
| Does the law require overtime compensation to be at least 125% of the regular hourly rate? | Yes | 1 | §9-12 of the Basic Conditions of Employment Act, 1997 | No Change |
| Does the law require any additional compensation for working on a weekly rest day? | No | 0 | §16 of the Basic Conditions of Employment Act, 1997 | No Change |
| Does the law require additional compensation for night work? | Yes | 1 | §17 of the Basic Conditions of Employment Act, 1997 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law stipulate general weekly working hours as 48 hours or lower? | Yes | 1 | §9-12 of the Basic Conditions of Employment Act, 1997 | No Change |
| Does the law restrict maximum working hours, including overtime, to 56 hours per week? | Yes | 1 | §9-12 of the Basic Conditions of Employment Act, 1997 | No Change |
| Does the law require a paid weekly rest of at least 24 consecutive hours? | Yes | 1 | §15 of the Basic Conditions of Employment Act, 1997 | No Change |
| Does the law require paid public holidays? | Yes | 1 | §5 of the Public Holidays Act, 1994 | No Change |
| Does the law require at least three working weeks of paid annual leave? | No | 0 | §20-21 of the Basic Conditions of Employment Act, 1997 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require a written employment contract or employment particulars to be given to a worker on commencement of employment? | Yes | 1 | §28-29 of the Basic Conditions of Employment Act, 1997 | No Change |
| Does the law restrict the hiring of fixed-term contract workers? | No | 0 | §186 (b) of the Labour Relations Act No. 66 of 1995 | No Change |
| Does the law limit the length of the probation period, including renewals, to three months? | No | 0 | §8 of the Schedule 8 (Code of Good Practices) of the Labour Relations Act No. 66 of 1995 | No Change |
| Does the law require a 30-day notice period before employment contract termination? | Yes | 1 | §37-38 of the Basic Conditions of Employment Act, 1997; §186-187 of the Labour Relations Act No. 66 of 1995 | No Change |
| Does the law require severance pay at the rate of at least two weeks of wages for every year of service? | No | 0 | §41 of the Basic Conditions of Employment Act, 1997 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require a four-month parental leave for parents? | No | 0 | No applicable legal provisions could be located | No Change |
| Does the law require at least one week of paid paternity leave for fathers*? | Yes | 1 | §25A and 27 of the Basic Conditions of Employment Act, 1997; §12 of the Unemployment Insurance Act 2001 | No Change |
| Does the law require flexible working arrangements* for workers with family responsibilities? | No | 0 | No applicable legal provisions could be located | No Change |
| Does the law require paid nursing breaks? | Yes | 1 | §26 of the Basic Conditions of Employment Act, 1997 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law prohibit inquiring about pregnancy during recruitment? | Yes | 1 | §6-7 of the Employment Equity Act, 1998 | No Change |
| Does the law require maternity leave of at least 14 weeks? | Yes | 1 | §25, 25-B and 25-C of the Basic Conditions of Employment Act, 1997 | No Change |
| Does the law require cash maternity benefits to be at least two-thirds (66.67%) of a worker's former wage? | No | 0 | §12-13, 24, 25 & 2nd Schedule of the Unemployment Insurance Act 2001 | No Change |
| Does the law require cash maternity benefits to be paid through a contributory social insurance or a universal benefits system or such benefits are an employer's liability? | Yes | 1 | §12-13, 24, 25 & 2nd Schedule of the Unemployment Insurance Act 2001 | No Change |
| Does the law protect workers from dismissals during or on account of pregnancy? | Yes | 1 | §185-187 of the Labour Relations Act No. 66 of 1995 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require employers to provide free personal protective equipment to workers? | Yes | 1 | §8 & 23 of the Occupational Health & Safety Act (OHSA), 1993 | No Change |
| Does the law require employers to train workers on health and safety Issues? | Yes | 1 | §8 & 23 of the Occupational Health & Safety Act (OHSA), 1993 | No Change |
| Does the law restrict work that is prejudicial to the health of the mother or the child? | Yes | 1 | §26 of the Basic Conditions of Employment Act, 1997 | No Change |
| Does the law provide for employment injury benefits in the event of an occupational accident or disease? | Yes | 1 | §47-55 & Schedule 4 of the Compensation for Occupational Injuries and Diseases Act No. 130 of 1993 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law provide for an old age benefit? | Yes | 1 | §10 of the Social Assistance Act 13 of 2004; ISSA Country Profile for South Africa | Score adjusted due to a minor revision in methodology |
| Does the law provide for survivors' benefits? | Yes | 1 | §14 & 30-36 of the Unemployment Insurance Act, 2001; ISSA Country Profile for South Africa | No Change |
| Does the law provide for unemployment benefits? | Yes | 1 | §12, 13, 15-18 of the Unemployment Insurance Act, 2001; ISSA Country Profile for South Africa | No Change |
| Does the law require paid sick leave (and sickness benefits) for the first six months of sickness? | Yes | 1 | §22 of the Basic Conditions of Employment Act, 1997; §19-23 of the Unemployment Insurance Act 2001 | No Change |
| Does the law provide for invalidity benefits? | No | 0 | Social Assistance Act No 13 of 2004; Disability grant information from SASSA; ISSA Country Profile for South Africa | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require equal remuneration for men and women workers for work of equal value? | Yes | 1 | §3, 5 & 6(4) of the Employment Equity Act, 1998 | No Change |
| Does the law prohibit sexual harassment in employment? | Yes | 1 | §60(3) of the Employment Equity Act,1998; Protection from Harassment Act No. 17 of 2011; Code of Good Practice on the Prevention and Elimination of Harassment in the workplace, 2022 | No Change |
| Does the law prohibit discrimination in employment matters? | Yes | 1 | §9 of the South African Constitution, 1996; §6-7 of the Employment Equity Act,1998 | No Change |
| Does the law allow women to do the same job as men? | Yes | 1 | §22 of the South African Constitution, 1996: No restrictive legal provisions located | No Change |
| Does the law guarantee basic labour protection to the platform workers? | Yes | 1 | Unemployment Insurance Act, 2001; ISSA Country Profile for South Africa | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law prohibit the employment of children? | Yes | 1 | §43, 55 & 93 of the Basic Conditions of Employment Act (BCEA), 1997 | No Change |
| Does the law set employment entry age equal to or higher than the compulsory schooling age? | Yes | 1 | Chapter 2, §1–5 of the South African Schools Act, 1996 | No Change |
| Does the law prohibit the employment of young persons in hazardous work under the age of 18 years? | Yes | 1 | Regulations on Hazardous Work by Children in South Africa, 2018; §4–10 of BCEA, 1997 | No Change |
| Does the law prohibit forced labour? | Yes | 1 | §48 & 93 of the BCEA, 1997; §141 of the Children’s Amendment Act, 2008 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law allow workers to form and join unions of their own choice? | Yes | 1 | §23(1-4), Constitution 1996; §4-22 & 95-101, Labour Relations Act No. 66 of 1995 | No Change |
| Does the law allow workers to bargain collectively with employers through their representative unions? | Yes | 1 | §23(5), Constitution 1996; §11-30, Labour Relations Act No. 66 of 1995 | No Change |
| Does the law provide the right to strike? | Yes | 1 | §23(2), Constitution 1996; §64-77, Labour Relations Act No. 66 of 1995 | No Change |
| Does the law prohibit imposing excessive sanctions against striking workers, including replacement of such workers? | Yes | 1 | §23(2), Constitution 1996; §76, Labour Relations Act No. 66 of 1995 | No Change |