South Africa: Employee Benefits & Compensation

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Employment law and labour law articles and thought leadership, podcasts, videos and webinars from expert sources across the legal world. Explore articles covering topics such as Discrimination, Employee Benefits and Compensation, Health and Safety, Unfair/Wrongful Dismissal, Whistleblowing, Employment Rights, Outsourcing and Redundancy.

Platform Work Moves Up South Africa’s Labour Law Reform Agenda

South Africa's Department of Employment and Labour has briefed Parliament on regulatory gaps in the digital platform economy, signaling potential sector-specific interventions that may emerge before broader labour law reforms take effect in 2028. The briefing addresses worker classification, algorithmic management, and social protections for platform workers in e-hailing, delivery, and courier services.

South Africa Employment

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ENS

Constitutional Court Confirms Jurisdictional Limits On Compensation During Protected Strikes

Section 68 of the Labour Relations Act (“LRA”) provides the primary remedies available to employers in the case of an unprotected strike. This entails obtaining an interdict against this industrial action or such other conduct (in contemplation or furtherance of it).

South Africa Employment

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Fasken

Health Data Under The Microscope: New POPIA Regulations

The Protection of Personal Information Act, 2013 (“POPIA”), in regulating an additional and more protected category of personal information, generally prohibits the processing of special personal information...

South Africa Employment

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Fasken

No Slaves For Fashion: The Case For Ethical Labour Practices

Poor treatment of workers, poverty wages and unsafe working conditions, for the sake of affordable clothing or company profits, have plagued international headlines recently.

South Africa Employment

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ENS

Strengthening Workplace Injury And Disease Compensation: New COIDA Regulations On Enforcement, Claims, Rehabilitation And Return-to-Work

South Africa Employment

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ENS

Analysis: The Employment Laws Amendment Bill, 2025

South Africa Employment

FW

Fairbridges

A Snapshot Of The National Minimum Wage For 2026

South Africa Employment

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Fasken

Compensation For Occupational Injuries And Diseases Amendment Act, 10 Of 2022

South Africa Employment

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ENS

COIDA Amendments Take Effect: What Employers Need To Know

South Africa Employment

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Webber Wentzel

Employers Now Subject To Dual Enforcement For Non-payment Of Benefit Fund Contributions

South Africa Employment

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Webber Wentzel

Constructive Dismissal Arising From Remote Working Dispute: Lessons For Employers

South Africa Employment

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ENS

Interdict Denied: Municipalities Face A High Bar On Pension Withholding

South Africa Employment

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Adams & Adams

Misconduct Without Dishonesty? Tribunal Clarifies The Scope Of Section 37D Of The Pension Funds Act

South Africa Employment

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Adams & Adams

The Landmark Parental Leave Judgment: Cementing All Classes Of Parents As Equal Participants In Their Children's Lives

South Africa Employment

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Webber Wentzel

Legal Bytes Over Coffee: Episode 7 | 2026 (Video)

South Africa Commercial

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ENS

More Than Code: Protecting Intellectual Property In Mobile Application Development

South Africa IP

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Adams & Adams

The Growing Push For AI Transparency: What South African Businesses Should Know

South Africa IP

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Adams & Adams

Modernising The Commissioning Of Oaths: The Draft 2026 Regulations

South Africa Commercial

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Adams & Adams

After The Freeze: What Happens Next For Crypto Arbitrage And Exchange Control Risk?

South Africa Finance

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ENS

South Africa's Parental Leave Reform In Progress - All Parents - Biological, Adoptive, And Commissioning Are Now Entitled To Parental Leave

The Constitutional Court has ushered in a shift in the legal landscape of parental leave in South Africa.

South Africa Employment

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Fasken

Parental Leave Rewritten By The Constitutional Court: What Employers Must Do Now

The Constitutional Court has confirmed that South Africa's parental-leave regime in the BCEA unfairly discriminated between different kinds of parents and has ordered a temporary "reading-in"...

South Africa Employment

FW

Fairbridges

World Of Work Series (Podcast)

Welcome to the first episode of "The New World of Work," hosted by Venolan Naidoo. In this episode, Venolan introduces key topics that are changing how organisations and employees work today.

South Africa Employment

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Fasken South Africa

Occupational Diseases In Mines And Works Act, 78 Of 1973 ("ODMWA") – Amendments To The Regulations Relating To Occupational Hygiene

On Thursday, 31 July 2025, Notice 6462 was published in Government Gazette No. 53097. In terms of the first portion of the notice, the Minister of Health ("the Minister")...

South Africa Employment

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ENS

Workman's Compensation In South Africa Explained

South Africa Employment

Beach Weather | Legal Marketing

Suspension vs Special Leave: A Rose By Any Other Name…

South Africa Employment

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ENS

A Timely Reminder For Employers: Compliance With Pension Funds Act Is Non-Negotiable

South Africa Employment

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Adams & Adams

No Shortcut Around The Clock: Tribunal Reaffirms Firm Stance On Condonation In Pension Fund Disputes

South Africa Employment

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Adams & Adams

Principles Relating To Condonation For The Failure To Comply With Court Rules Or Directives

South Africa Litigation

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ENS

High Court Confirms In Duplum Rule Applies To Pension Fund Contributions

South Africa Employment

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Adams & Adams

The Limits Of PFA's Authority In Pension Fund Transfers

South Africa Employment

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Adams & Adams

Implications For Employees Earning More Than The New Earnings Threshold

South Africa Employment

FW

Fairbridges

Pension Fund Distributions And The Duty To Support Parents

South Africa Employment

AA

Adams & Adams

The Consequences Of Failing To Pay Pension Fund Contributions

South Africa Employment

AA

Adams & Adams

The Limits Of PFA's Authority In Pension Fund Transfers

On 25 March 2025, the Financial Services Tribunal handed down a crucial decision in Auto Workers Provident Fund v Thulani Nyalungu & Others...

South Africa Employment

AA

Adams & Adams

Implications For Employees Earning More Than The New Earnings Threshold

Effective from 1 April 2025, the earnings threshold, which is determined by the Minster of Employment and Labour from time to time in terms of section 6(3) the Basic Conditions...

South Africa Employment

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Fairbridges

Pension Fund Distributions And The Duty To Support Parents

The recognition of factual dependency plays a crucial role in pension fund law, particularly in the allocation of death benefits under Section 37C of the Pension Funds Act ("the PFA").

South Africa Employment

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Adams & Adams

The Consequences Of Failing To Pay Pension Fund Contributions

Pension fund contributions are not discretionary payments; they are statutory obligations. Employers who fail to comply with these requirements not only prejudice their employees but also risk significant legal consequences.

South Africa Employment

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Adams & Adams

Employment Equity Compliance And Consultancy Offering

South Africa Employment

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Webber Wentzel

Implementation Date For Employment Equity Act Amendments Announced

President Ramaphosa has proclaimed the effective date of the amendments to the Employment Equity Act ("EEA") as 1 January 2025.

South Africa Employment

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Fasken

Applying The New Labour Court And Labour Appeal Court Rules

New Labour Court and Labour Appeal Court Rules: Which rules will apply to matters instituted before the new rules come into effect on 17 July 2024?

South Africa Employment

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Fairbridges

Employees v Independent Contractors: A Tax Perspective

The relationship between an employer and an employee differs significantly from that of an employer and an independent contractor, both legally and financially.

South Africa Employment

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ENS

Employment Law In Review 2024

On 12 August 2024, the Labour Court introduced the Court Online system, making it possible to submit urgent applications electronically.

South Africa Employment

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Fairbridges

Understanding South Africa's New 'Two-Pot' Pensions System

South Africa Employment

TS

The Sovereign Group

Work-Back To The Future: Securing Tomorrow's Talent Today

South Africa Employment

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ENS

Death Benefits: Earning A Salary From A Deceased Does Not Qualify One As A Dependant Of The Deceased

South Africa Employment

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ENS

Use It Or Lose It

South Africa Employment

CE

Consolidated Employers Organisation

A Timely Reminder For Ex-Employers On Requirements To Be Satisfied For Withholding Ex-Employees Pension Fund Benefits

South Africa Employment

AA

Adams & Adams

From Pension To Penalty: Employers Seeking Damages For Employee Misconduct

South Africa Employment

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Consolidated Employers Organisation

Sectoral Determinations & Wage Variations Under The NMWA

South Africa Employment

CE

Consolidated Employers Organisation

EPWP Contracts & Learnership Allowances: Implications Of The National Minimum Wage Act

South Africa Employment

CE

Consolidated Employers Organisation

Independent Contractors & CCMA Disputes: Understanding Section 73A

South Africa Employment

CE

Consolidated Employers Organisation

South Africa's Labour Laws For International Businesses: Regulations And Employee Rights

South Africa Employment

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Andersen in South Africa

South Africa Introduces New 'Two-pot' Pension System – Implications For Expats

South Africa Employment

TS

The Sovereign Group

Digital Nomad Visa Regulations Promulgated – What This Means For The Employment Law Space

South Africa Immigration

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ENS

Instructions To Work Overtime – Problematic Clauses In Employment Contracts

South Africa Employment

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Consolidated Employers Organisation

How "Immediate" Can A Resignation Without Notice Be

South Africa Employment

CE

Consolidated Employers Organisation

Deductions, The Age-Old Debate At The CCMA & Stipulations Of The BCEA

South Africa Employment

CE

Consolidated Employers Organisation

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