The Department of Employment and Labour has published the Labour Law Amendment Draft Bill 2025 for public comment. The Bill seeks to amend the following pieces of legislation:

Basic Conditions of Employment Act:

 

  • Substitute and insert certain definitions to permit sectoral determinations to apply to a broader category of employees.
  • Provide minimum conditions of employment applicable to employees who are required to be available for work.
  • Provide for parental leave in a manner consistent with the Constitution.
  • Specify the severance pay that employees are entitled to and clarify the forum for resolving disputes about severance pay.
  • Further specify procedures for the recovery of unpaid contributions to benefit funds.
  • Further specify the powers of the Commission for Conciliation, Mediation and Arbitration to enforce compliance orders.
  • Clarify the powers of bargaining councils to arbitrate disputes concerning basic conditions of employment; to empower the Minister to make regulations concerning the use of fines by the Commission for Conciliation, Mediation and Arbitration.

Employment Equity Act:

 

  • Enable employees to refer any claim concerning unfair harassment to the Commission for Conciliation, Mediation and Arbitration.
  • Specify the capacity of bargaining councils to resolve disputes arising under the Act.

Unemployment Insurance Act:

  • To provide for payment of parental leave benefits by the Unemployment Insurance Fund in a manner consistent with the Basic Conditions of Employment Act and the Constitution.

The National Minimum Wage Act:

  • To clarify that deferred payments made to employees are not taken into account when calculating compliance with the national minimum wage.
  • Alter the composition of the National Minimum Wage Commission.
  • Require that representatives on the Commission have appropriate knowledge, skills, and experience to fulfil their duties.
  • Remove the requirement that the President must determine the date for the Commission must submit its report to the Minister; and to provide for matters connected therewith. 

Members are requested to submit their comments to Mahlatse Mabila at Mahlatse.Mabila@busa.org.za by Friday,13 March 2026.