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.

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

The Minister of Employment and Labour (the Minister) has withdrawn a long-standing exemption that previously shielded employers from labour law enforcement regarding deadlines for payment of benefit fund contributions.

South Africa Employment

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Webber Wentzel

Constructive Dismissal Arising From Remote Working Dispute: Lessons For Employers

A recent Labour Court judgment has provided important guidance for employers navigating remote work arrangements, employee wellness and the handling of sick leave disputes.

South Africa Employment

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ENS

Interdict Denied: Municipalities Face A High Bar On Pension Withholding

The Mpumalanga High Court has recently delivered a judgment on the critical considerations regarding withholding of pension benefits. While the judgment is not groundbreaking...

South Africa Employment

AA

Adams & Adams

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

A recent decision by the Financial Services Tribunal ("Tribunal") has revisited an old but recurring question under the Pension Funds Act ("the Act"):...

South Africa Employment

AA

Adams & Adams

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

South Africa Employment

WW

Webber Wentzel

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

South Africa Employment

F

Fasken

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

South Africa Employment

FW

Fairbridges Wertheim Becker

World Of Work Series (Podcast)

South Africa Employment

FS

Fasken South Africa

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

South Africa Employment

E

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

AA

Adams & Adams

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

South Africa Employment

AA

Adams & Adams

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

South Africa Litigation

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ENS

Two Big Steps Forward For South Africa: Ratings Boost And FATF Grey List Removal

South Africa Finance

E

ENS

Constructive Dismissal Arising From Remote Working Dispute: Lessons For Employers

South Africa Employment

E

ENS

SARB's Amended Authorisation Framework: Closing The Loop On Closed Loop And TPPPs

South Africa Finance

E

ENS

Occupational Health And Safety Act, 1993 ("OHASA") – Environmental Regulations For Workplaces 1987; And General Safety Regulations 1986

South Africa Employment

E

ENS

Investment Intentions In Sustainable Initiatives (Video)

South Africa Commercial

SG

SNG Grant Thornton

High Court Confirms In Duplum Rule Applies To Pension Fund Contributions

In a decision handed down by the Eastern Cape Division of the High Court in Blue Crane Route Municipality v Municipal Workers Retirement Fund and Another, the Court affirmed that the in duplum rule applies equally to statutory interest owed under the Pension Funds Act ("PFA").

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

FW

Fairbridges Wertheim Becker

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

AA

Adams & Adams

The Consequences Of Failing To Pay Pension Fund Contributions

South Africa Employment

AA

Adams & Adams

Employment Equity Compliance And Consultancy Offering

South Africa Employment

WW

Webber Wentzel

The National Minimum Wage For 2025, And Domestic Workers

South Africa Employment

F

Fasken

National Minimum Wage Increases From 1 March 2025 As New Rates Take Effect

South Africa Employment

WW

Webber Wentzel

Nationwide Crackdown Leads To Hefty Fines: How Employers Must Adapt To Ensure Compliance

South Africa Employment

FW

Fairbridges Wertheim Becker

When Travel Benefits End

South Africa Employment

FW

Fairbridges Wertheim Becker

Implementation Date For Employment Equity Act Amendments Announced

South Africa Employment

F

Fasken

Applying The New Labour Court And Labour Appeal Court Rules

South Africa Employment

FW

Fairbridges Wertheim Becker

Employees v Independent Contractors: A Tax Perspective

South Africa Employment

E

ENS

Employment Law In Review 2024

South Africa Employment

FW

Fairbridges Wertheim Becker

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

F

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

FW

Fairbridges Wertheim Becker

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

FW

Fairbridges Wertheim Becker

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

South Africa Employment

TS

The Sovereign Group

From Pension To Penalty: Employers Seeking Damages For Employee Misconduct

The Basic Conditions of Employment Act (BCEA) regulates deductions against the benefits of the employee in accordance with provisions set out in Section 34 of the Act.

South Africa Employment

CE

Consolidated Employers Organisation

Sectoral Determinations & Wage Variations Under The NMWA

The National Minimum Wage Act (NMWA) is a landmark piece of legislation aimed at establishing a baseline of fair pay for workers across South Africa.

South Africa Employment

CE

Consolidated Employers Organisation

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

The National Minimum Wage Act No 9 of 2018 (NMWA) has introduced significant changes to labour remuneration in South Africa.

South Africa Employment

CE

Consolidated Employers Organisation

Independent Contractors & CCMA Disputes: Understanding Section 73A

The distinction between employees and independent contractors holds significant legal implications, especially concerning disputes and resolutions at the CCMA.

South Africa Employment

CE

Consolidated Employers Organisation

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

South Africa Employment

Ai

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

E

ENS

Instructions To Work Overtime – Problematic Clauses In Employment Contracts

South Africa Employment

CE

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

Is It Unfair To Dismiss Employees Who Reject Vertical Bumping?

South Africa Employment

E

ENS

Lesotho's Updated Labour Act – Promoting Fair Labour Practices And Equitable Employment Relations In Line With Global Standards

South Africa Employment

E

ENS

Procedural Fairness In Large Scale Retrenchments: Key Takeaways From Regenesys Management v Ilunga

South Africa Employment

E

ENS

Unprotected Strikes – Can Employees Raise Provocation As A Defence?

South Africa Employment

E

ENS

The Implications Of The New Earnings Threshold For South African Businesses

South Africa Employment

FW

Fairbridges Wertheim Becker

News Flash: National Minimum Wage

South Africa Employment

FW

Fairbridges Wertheim Becker

Effective Restraints Of Trade And The Added Protection Offered By A Penalty Clause

South Africa Employment

AA

Adams & Adams

Johannesburg High Court Affirms Its Duty To Protect The Best Interests Of A Minor Child

South Africa Family

E

ENS

The LAC Confirms Labour Court's Jurisdiction In Employer's Claim Against Trade Union For Unlawful Conduct During A Protected Strike.

South Africa Employment

E

ENS

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Latest Videos

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Retirement Funds: Key Developments (Video)

E

ENS

Cape Talk | TERS And UIF Advice From A Consultant | Lauren Salt

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ENS

Employment Law Issues Faced By South Africa's Retail Sector – Part 2 (Video)

B

Bowmans

Management Of The Public Sector Wage Bill (Video)

CD

Cliffe Dekker Hofmeyr

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