
What are the legal duties of employers and employees in the South African workplace
This article outlines the legal duties of both employers and employees in South Africa, in easy to understand terms.

This article outlines the legal duties of both employers and employees in South Africa, in easy to understand terms.

In South Africa, labour law specifies numerous legal options for terminating an employment contract. Each technique has unique procedural and substantive requirements, as well as specific implications. To ensure fair and legal process, both employers and employees must be familiar with these avenues.

For employers, understanding the broader labour compliance universe is essential. Labour compliance is not a single obligation but rather an interconnected system of responsibilities that govern the relationship between employers and employees from recruitment to termination.

On 3 December 2025 the Minister of Employment and Labour declared that, in terms of Section 31 of the Labour Relations Act 1995, the Collective Agreement is binding on the parties to the agreement and, in terms of Section 32(2), will also be binding on the other employees and employers in the industry.

A number of our security clients recently received correspondence from SALT, the administrator of the Private Security Sector Provident Fund. The correspondence was issued under the heading “NOTIFICATION TO AND REQUEST FOR INFORMATION FROM THE EMPLOYER BY PENSION FUND”

This series of articles aims to provide an in-depth summary of section 198B with relevant Case law applicable, and the different aspects Employers should be aware of before entering into a fixed-term contract and to have an informed understanding of section 198B in its entirety and will be completed in multiple parts to have an informed easily readable summary of section 198B.

We are frequently faced with the question as to whether the lapsing of a PSIRA certificate automatically amount to the deregistration of the Security Service Provider.

Well-known role player within the co-operative landscape was party to an arbitration during July 2024, where it was argued that the Bargaining Council lacked the required jurisdiction to hear any dispute as a member “of the co-operative” was not an employee as envisioned in the Labour Relations Act.

The latest amendments to the Property Practitioners Act in South Africa makes it compulsory for Property Practitioners to have a valid BEE Certificate. Without it, they will not be able to renew their Fidelity Fund Certificate (FFC). This means all Property Practitioners now need a valid BEE Certificate to operate.

The private security industry comes with a particularly long list of legislation for compliance. A number of security service providers have inadvertently added the Immigration Act 13 of 2002 to this list by employing illegal immigrants. In this article, Bean du Plessis explains the pitfalls and outcomes of ignorance of this contentious choice for employers in the sector.
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