79
81
Reasonable Access to
Decent Work
80
80
40
50
80
100
60
100
100
100
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law prescribe minimum wage rates in the country? | Yes | 1 | §54-55, 76-A, and 78 of the Basic Conditions of Employment Act, 1997; Minimum Wage Act, 2018 |
| Does the law require regular payment of wages? | Yes | 1 | §1 & 32-35 of the Basic Conditions of Employment Act, 1997 |
| Does the law require overtime compensation be at least 125% of the regular hourly rate? | Yes | 1 | §9-12 of the Basic Conditions of Employment Act, 1997 |
| Does the law require additional compensation for working on a weekly rest day? | No | 0 | §16 of the Basic Conditions of Employment Act, 1997 |
| Does the law require additional compensation for night work? | Yes | 1 | §17 of the Basic Conditions of Employment Act, 1997 |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law stipulate general working hours as 48 hours or lower? | Yes | 1 | §9-12 of the Basic Conditions of Employment Act, 1997 |
| 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 |
| Does the law require a weekly rest of at least 24 hours? | Yes | 1 | §15 of the Basic Conditions of Employment Act, 1997 |
| Does the law require paid public holidays? | Yes | 1 | §5 of the Public Holidays Act, 1994 |
| 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 |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law require written employment contracts or at least written employment particulars? | Yes | 1 | §28-29 of the Basic Conditions of Employment Act, 1997 |
| Does the law restrict the hiring of fixed-term contract workers? | No | 0 | §186 (b) of the Labour Relations Act No. 66 of 1995 |
| Does the law limit the length of probation period including renewals to a maximum of 3 months? | No | 0 | §8 of the Schedule 8 (Code of Good Practices) of the Labour Relations Act No. 66 of 1995 |
| Does the law require a 30-day notice before 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 |
| Does the law require severance pay at the rate of at least 2 weeks of wages for every year of service? | No | 0 | §41 of the Basic Conditions of Employment Act, 1997 |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law require parental leave for parents? | No | 0 | No applicable legal provisions could be located |
| 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 |
| Does the law require flexible work arrangements for workers with family responsibilities? | No | 0 | No applicable legal provisions could be located |
| Does the law require paid nursing breaks? | Yes | 1 | §26 of the Basic Conditions of Employment Act, 1997 |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law prohibits inquiring about pregnancy during recruitment? | Yes | 1 | §6-7 of the Employment Equity Act, 1998 |
| Does the law require paid maternity leave of at least 14 weeks? | Yes | 1 | §25, 25-B and 25-C of the Basic Conditions of Employment Act, 1997 |
| Does the law require cash maternity benefit be at least 67% of a worker's former wage? | No | 0 | §12-13, 24, 25 & 2nd Schedule of the Unemployment Insurance Act 2001 |
| Does the law require maternity benefit be paid through contributory social insurance or universal benefits system? | Yes | 1 | §12-13, 24, 25 & 2nd Schedule of the Unemployment Insurance Act 2001 |
| 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 |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law require provision of free personal protective equipment to workers from employer? | Yes | 1 | §8 & 23 of the Occupational Health & Safety Act (OHSA), 1993 |
| Does the law require the employer to train workers on health and safety issues? | Yes | 1 | §8 & 23 of the Occupational Health & Safety Act (OHSA), 1993 |
| 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 |
| Does the law provide for employment injury benefit? | Yes | 1 | §47-55 & Schedule 4 of the Compensation for Occupational Injuries and Diseases Act No. 130 of 1993 |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law provide for an old age pension? | No | 0 | §10 of the Social Assistance Act 13 of 2004; ISSA Country Profile for South Africa |
| Does the law provide for a dependants'/survivors' pension? | Yes | 1 | §14 & 30-36 of the Unemployment Insurance Act, 2001; ISSA Country Profile for South Africa |
| Does the law provide for unemployment benefit? | Yes | 1 | §12, 13, 15-18 of the Unemployment Insurance Act, 2001; ISSA Country Profile for South Africa |
| Does the law require paid sick leave for the first 6 months of sickness? | Yes | 1 | §22 of the Basic Conditions of Employment Act, 1997; §19-23 of the Unemployment Insurance Act 2001 |
| Does the law provide for invalidity benefit? | No | 0 | Social Assistance Act No 13 of 2004; Disability grant information from SASSA; ISSA Country Profile for South Africa |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law require equal remuneration for work of equal value? | Yes | 1 | §3, 5 & 6(4) of the Employment Equity Act, 1998 |
| 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 |
| 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 |
| Does the law allow women to do the same jobs as men? | Yes | 1 | §22 of the South African Constitution, 1996: No restrictive legal provisions located |
| Does the law guarantee basic labour protections for gig economy workers? | Yes | 1 | Unemployment Insurance Act, 2001; ISSA Country Profile for South Africa |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law prohibit employment of children? | Yes | 1 | §43, 55 & 93 of the Basic Conditions of Employment Act (BCEA), 1997 |
| 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 |
| Does the law prohibit the employment of children 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 |
| Does the law prohibit forced labour? | Yes | 1 | §48 & 93 of the BCEA, 1997; §141 of the Children’s Amendment Act, 2008 |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| 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 |
| 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 |
| Does the law provide for the right to strike? | Yes | 1 | §23(2), Constitution 1996; §64-77, Labour Relations Act No. 66 of 1995 |
| Does the law prohibit employers from terminating employment contracts of striking workers? | Yes | 1 | §23(2), Constitution 1996; §76, Labour Relations Act No. 66 of 1995 |
