LRI 2022 South Africa - CLR

South Africa

2022 Score

79

Score Decrease

2020 Score

81

Rating

Reasonable Access to
Decent Work

Fair
Wages

80

Decent
Working Hours

80

Employment
Security

40

Family
Responsibilities

50

Maternity
at Work

80

Safe
Work

100

Social
Security

60

Fair
Treatment

100

Child &
Forced Labour

100

Trade
Union

100

Fair Wages

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

Decent Working Hours

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

Employment Security

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

Family Responsibilities

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

Maternity at Work

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

Safe Work

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

Social Security

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

Fair Treatment

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

Child & Forced Labour

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

Trade Union

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