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The Bills are still moving through public comment and have not yet been signed into law, but their direction may mean tighter compliance obligations, stronger documentation requirements, and higher financial exposure for employers who fall short. Businesses hiring in South Africa now should be structuring employment relationships as if these reforms are already in effect, because the trajectory is not reversing. 2. Parental leave: The rules changed in October 2025 On 3 October 2025, South Africa’s Constitutional Court delivered its judgment in Van Wyk and Others v Minister of Employment and Labour [2025] ZACC 20 . The Court confirmed that the existing BCEA provisions on parental leave were unconstitutional, treating
The Bills covers dismissal procedures, retrenchment processes, probation period rules, and, for the first time, extends statutory protections to gig and platform workers.
wage rate, and stricter PAYE requirements from SARS, and the compliance picture for employers in 2026 looks considerably different from twelve months ago. For global businesses hiring South African talent remotely, these changes carry direct obligations. 1. The Amendment Bills: What’s changing and what’s still in the pipeline
Employment and Labour on 26 February 2026, represents the most wide-ranging proposed update to South Africa’s employment legislation in a decade, according to activpayroll’s April 2026 analysis of the reforms . The Bills covers dismissal procedures, retrenchment processes, probation period rules, and, for the first time, extends statutory protections to gig and platform workers. It also introduces changes to the enforcement of fixed-term contracts and expands the circumstances under which workers can be deemed permanent employees.
The Labour Laws Amendment Bills, published by the Department of
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GLOBAL PAYROLL MAGAZINE ISSUE 26
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