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Labour Act, 2007
Act 11 of 2007
- Published in Government Gazette 3971 on 31 December 2007
- Assented to on 21 December 2007
- There are multiple commencements
- [This is the version of this document from 15 March 2023 and includes any amendments published up to 11 April 2025.]
Provisions | Status |
---|---|
Chapter 1 (section 1–2); Chapter 2 (section 3–7); Chapter 3 (section 8–38); Chapter 4 (section 39–47); Chapter 5 (section 48–51); Chapter 6 (section 52–73); Chapter 7 (section 74–79); Chapter 8 (section 80–91); Chapter 9 (section 92–127); Chapter 10, section 129–143 | commenced on 1 November 2008 by Government Notice 260 of 2008. |
Chapter 10, section 128 | commenced on 1 March 2009 by Government Notice 1 of 2009. |
Chapter 10, section 128A–128C | commenced on 1 August 2012 by Act 2 of 2012. |
- [Amended by Labour Amendment Act, 2012 (Act 2 of 2012) on 1 August 2012]
- [Amended by Abolition of Payment by Cheque Act, 2022 (Act 16 of 2022) on 15 March 2023]
Chapter 1
INTRODUCTORY PROVISIONS
1. Definitions and interpretation
2. Application of Act
Chapter 2
FUNDAMENTAL RIGHTS AND PROTECTIONS
3. Prohibition and restriction of child labour
4. Prohibition of forced labour
5. Prohibition of discrimination and sexual harassment in employment
6. Freedom of association
7. Disputes concerning fundamental rights and protections
Chapter 3
BASIC CONDITIONS OF EMPLOYMENT
Part A – APPLICATION OF THIS CHAPTER
8. Definitions relating to basic conditions of employment
9. Basic conditions
Part B – REMUNERATION
10. Calculation of remuneration and basic wages
Table 1 - Calculation of remuneration and basic wages
To calculate hourly rates | To calculate daily rates | To calculate weekly rates | To calculate monthly rates | |
---|---|---|---|---|
Employees whose remuneration is set by the hour | Multiply the hourly rate by the number of ordinary hours of work each day. | Multiply the hourly rate by the number of ordinary hours of work each week. | Calculate the weekly rate, then multiply the calculated weekly rate by 4,333. | |
Employees whose remuneration is set by the day | Divide the daily rate by the number of ordinary hours of work each day. | Multiply the hourly rate by the number of ordinary hours of work each week. | Calculate the weekly rate, then multiply the calculated weekly rate by 4,333. | |
Employees whose remuneration is set by the week | Divide the weekly rate (or calculated weekly rate) by the number of ordinary hours of work each week. | Divide the weekly rate (or calculated weekly rate) by the number of ordinary days of work each week. | Calculate the weekly rate, then multiply the calculated weekly rate by 4,333. | |
Employees whose remuneration is set by the fortnight | Divide the fortnightly rate by two times the number of ordinary hours of work each week. | Divide the fortnightly rate by two times the number of ordinary days of work each week. | Divide the fortnightly rate by two. | Calculate the weekly rate, then multiply the calculated weekly rate by 4,333. |
Employees whose remuneration is set by the month | Divide the monthly rate by 4,333 times the number of hours ordinary worked each week. | Divide the monthly rate by 4,333 times the number of days ordinary worked each week. | Divide the monthly rate by 4,333. |
11. Payment of remuneration
12. Deductions and other acts concerning remuneration
13. Wage order
14. Exemptions from a wage order
Part C – HOURS OF WORK
15. Declaration of continuous shifts
16. Ordinary hours of work
17. Overtime
18. Meal intervals
19. Night work
20. Daily spread-over and weekly rest period
21. Work on Sundays
22. Public holidays
Part D – LEAVE
23. Annual leave
Number of days in ordinary work week | Annual leave entitlement in working days |
---|---|
6 | 24 |
5 | 20 |
4 | 16 |
3 | 12 |
2 | 8 |
1 | 4 |
24. Sick leave
25. Compassionate leave
26. Maternity leave
27. Extended maternity leave
Part E – ACCOMMODATION
28. Provision of accommodation
Part F – TERMINATION OF EMPLOYMENT
29. Period of employment
For the purposes of this Part the period of employment includes -30. Termination of employment on notice
31. Payment instead of notice
32. Automatic termination of contracts of employment
33. Unfair dismissal
34. Dismissal arising from collective termination or redundancy
35. Severance pay
36. Transportation on termination of employment
37. Payment on termination and certificates of employment
Part G – DISPUTES CONCERNING THIS CHAPTER
38. Disputes concerning this Chapter
Chapter 4
HEALTH, SAFETY AND WELFARE OF EMPLOYEES
Part A – RIGHTS AND DUTIES OF EMPLOYERS AND EMPLOYEES
39. Employer duties to employees
40. Employer’s duties to persons other than employees
41. Employee duties
Every employee has a duty to -42. Employee’s right to leave dangerous place of work
Part B – HEALTH AND SAFETY REPRESENTATIVES AND COMMITTEES
43. Election of health and safety representatives
44. Rights and powers of a health and safety representative
A health and safety representative is empowered to -45. Duties to provide information
46. Health and safety committees
47. Disputes concerning this Chapter
Chapter 5
UNFAIR LABOUR PRACTICES
48. Unfair disciplinary action
49. Employee and trade union unfair labour practices
50. Employer and employers’ organisation unfair labour practices
51. Disputes concerning this Chapter
Chapter 6
TRADE UNIONS AND EMPLOYERS’ ORGANISATIONS
Part A – ESTABLISHMENT AND WINDING UP OF TRADE UNIONS AND EMPLOYERS’ ORGANISATIONS
52. Definitions relating to this Chapter
53. Constitutions of trade union or employers’ organisation
54. Changing constitution of registered trade union or registered employers’ organisation
55. Winding up of trade union or employers’ organisation
56. Appeals from decisions of Labour Commissioner
Any person aggrieved by a decision of the Labour Commissioner made under this Part may appeal to the Labour Court against that decision.Part B – REGISTRATION OF TRADE UNIONS AND EMPLOYERS’ ORGANISATIONS
57. Requirements for registration
58. Effect of registration of trade union or employers’ organisation
59. Rights of registered trade unions and registered employers’ organisations
60. Obligations of registered trade unions and registered employers’ organisations
Every registered trade union and every registered employers’ organisation must -61. Failure to comply with obligations under this Part
62. Failure to comply with constitution or election requirements
63. Appeals from decisions of Labour Commissioner
Any person aggrieved by a decision of the Labour Commissioner made under this Part may appeal to the Labour Court against that decision.Part C – RECOGNITION AND ORGANISATIONAL RIGHTS OF REGISTERED TRADE UNIONS
64. Recognition as exclusive bargaining agent of employees
65. Trade union access to the premises of the employer
66. Deduction of trade union dues
67. Workplace union representatives
68. Organisational rights in collective agreements
Nothing in this Part precludes the conclusion of a collective agreement to extend or give better effect to the rights of a recognised trade union under this Part.69. Disputes concerning certain provisions of this Chapter
Part D – COLLECTIVE AGREEMENTS
70. Legal effect of collective agreements
71. Extension of collective agreements to non-parties
72. Exemptions from an extended collective agreement
73. Disputes arising from application, interpretation or enforcement of a collective agreement
Chapter 7
STRIKES AND LOCKOUTS
74. Right to strike or lockout
75. Prohibition of certain strikes and lockouts
A person must not take part in a strike or a lockout if -76. Strikes and lockouts in compliance with this Chapter
77. Designation of essential services
78. Disputes in a designated essential service
79. Urgent interdicts
Chapter 8
PREVENTION AND RESOLUTION OF DISPUTES
Part A – DISPUTES AFFECTING THE NATIONAL INTEREST
80. Disputes affecting the national interest
Part B – CONCILIATION OF DISPUTES
81. Definitions
For the purposes of this Part, “dispute” means any of the following:82. Resolution of disputes through conciliation
83. Consequences of failing to attend conciliation meetings
Part C – ARBITRATION OF DISPUTES
84. Definitions
For the purposes of this Part, “dispute” means -85. Arbitration
86. Resolving disputes by arbitration through Labour Commissioner
87. Effect of arbitration awards
88. Variation and rescission of awards
An arbitrator who has made an award in terms of section 86(15) may vary or rescind the award, at the arbitrator’s instance, within 30 days after service of the award, or on the application of any party made within 30 days after service of the award, if -89. Appeals or reviews of arbitration awards
90. Enforcement of awards
A party to an arbitration award made in terms of this Part may apply to a labour inspector in the prescribed form requesting the inspector to enforce the award by taking such steps as are necessary to do so, including the institution of execution proceedings on behalf of that person.Part D – PRIVATE ARBITRATION
91. Private arbitration
Chapter 9
LABOUR INSTITUTIONS
Part A – LABOUR ADVISORY COUNCIL
92. Continuation of Labour Advisory Council
The Labour Advisory Council established by section 7 of the Labour Act, 1992 (Act No. 6 of 1992) is continued, subject to this Part.93. Functions of Labour Advisory Council
94. Composition of Labour Advisory Council
95. Terms of office and conditions of membership
96. Removal of members and filling of vacancies
97. Committees
98. Meetings
99. Administration of Labour Advisory Council
Part B – COMMITTEE FOR DISPUTE PREVENTION AND RESOLUTION AND ESSENTIAL SERVICES COMMITTEE
100. Functions of Committee for Dispute Prevention and Resolution
The functions of the Committee are to:101. Composition of Committee for Dispute Prevention and Resolution
The Committee for Dispute Prevention and Resolution consists of the following individuals who are either designated, in the case of individuals who are members of the Labour Advisory Council, or in any other case, appointed by the Labour Advisory Council -102. Terms of office and conditions of membership
103. Procedures of Committee for Dispute Prevention and Resolution
The Committee for Dispute Prevention and Resolution may make rules for the conduct of its meetings.104. Essential Services Committee
Part C – WAGES COMMISSION
105. Continuation of Wages Commission
106. Functions of Commission
The functions of the Commission are to investigate terms and conditions of employment, including remuneration, and report to the Minister in accordance with section 114, for the purposes of making a wage order in terms of section 13.107. Composition of Commission
The Commission consists of the following members appointed by the Minister -108. Terms of office of members of Commission
109. Meetings of Commission
110. Administration of Commission
111. Terms of reference of Commission
112. Powers of Commission
113. Matters to be considered in investigation
The Commission must consider, in its investigation -114. Reports of Commission
Part D – LABOUR COURT
115. Continuation and powers of Labour Court
The Labour Court established by section 15 of the Labour Act, 1992 (Act 6 of 1992) is continued, as a division of the High Court, subject to this Part.116. Assignment of judges of Labour Court
The Judge-President must assign suitable judges to the Labour Court, each of whom must be a judge or an acting judge of the High Court.117. Jurisdiction of the Labour Court
118. Costs
Despite any other law in any proceeding before it, the Labour Court must not make an order for costs against a party unless that party has acted in a frivolous or vexatious manner by instituting, proceeding with or defending those proceedings.119. Rules of Labour Court
Part E – THE LABOUR COMMISSIONER
120. Appointment of Labour Commissioner and Deputy Labour Commissioner
121. Powers and functions of the Labour Commissioner
122. Labour Commissioner may delegate certain powers and functions
Part F – LABOUR INSPECTORATE
123. Interpretation
For the purposes of this Part -124. Appointment of inspectors
125. Powers of inspector
126. Power to issue compliance order
127. Offences in relation to inspectors
Chapter 10
GENERAL PROVISIONS
128. Persons placed by private employment agencies
128A. Presumption as to who is employee
For the purposes of this Act or any other employment law, until the contrary is proved, an individual who works for or renders services to any other person, is presumed to be an employee of that other person, regardless of the form of the contract or the designation of the individual, if any one or more of the following factors is present:128B. Deeming individuals as employees
128C. Presumption of indefinite employment
129. Service of documents
130. Records and returns
131. Preservation of secrecy
132. Liability for contravention of this Act by manager, agent or employee
133. Evidence
134. Limitation of liability
The following individuals do not incur any personal civil liability if, acting in terms of any provision of this Act, they did something, or failed to do something, in good faith in the performance of their functions in terms of this Act -135. Regulations
136. Administration of regulations
137. Guidelines and codes of good practice
138. Contracts entered into by State for provision of goods and services
139. Exemptions and variations
140. Legal assistance
The Permanent Secretary may provide legal assistance to a person who, in the view of the Permanent Secretary, is unable for financial reasons, to obtain legal representation in an arbitration case in which the arbitrator has decided that legal representation would be appropriate or in connection with bringing or defending a case in the Labour Court or Supreme Court.141. Delegation of powers
142. Repeal of laws, transition and consequential amendments
143. Short title and commencement
History of this document
15 March 2023 this version
Amended by
Abolition of Payment by Cheque Act, 2022
01 August 2012
Amended by
Labour Amendment Act, 2012
Read this version
01 March 2009
Commenced by
Commencement of section 128 of the Labour Act, 2007
01 November 2008
Commenced by
Commencement of the Labour Act, 2007
31 December 2007
21 December 2007
Assented to
Cited documents 18
Act 18
1. | Criminal Procedure Act, 1977 | 1966 citations |
2. | Public Service Act, 1995 | 317 citations |
3. | Legal Practitioners Act, 1995 | 256 citations |
4. | Police Act, 1990 | 248 citations |
5. | Public Accountants’ and Auditors’ Act, 1951 | 204 citations |
6. | Medical and Dental Act, 2004 | 178 citations |
7. | Employees’ Compensation Act, 1941 | 101 citations |
8. | Social Security Act, 1994 | 88 citations |
9. | Nursing Act, 2004 | 81 citations |
10. | Public Holidays Act, 1990 | 77 citations |
Documents citing this one 647
Judgment 424
Gazette 194
Act 15
1. | Local Authorities Act, 1992 | 1349 citations |
2. | Public Procurement Act, 2015 | 75 citations |
3. | Child Care and Protection Act, 2015 | 61 citations |
4. | Affirmative Action (Employment) Act, 1998 | 33 citations |
5. | Employment Services Act, 2011 | 17 citations |
6. | Tobacco Products Control Act, 2010 | 16 citations |
7. | Combating of Trafficking in Persons Act, 2018 | 8 citations |
8. | Financial Institutions and Markets Act, 2021 | 7 citations |
9. | Basic Education Act, 2020 | 6 citations |
10. | National Health Act, 2015 | 4 citations |
Government Notice 8
Proclamation 3
Law Reform Report 2
1. | Discussion Paper on Issues relating to the Insolvency Act, 1936 | |
2. | Report on the Repeal of Obsolete Laws |
Discussion Paper 1
1. | Discussion Paper on Locus Standi |
Subsidiary legislation
Title
|
|
---|---|
Code of Good Practice for labour inspectors, 2024 | Government Notice 306 of 2024 |
Wage Order Setting the National Minimum Wage for Employees, 2024 | Government Notice 218 of 2024 |
Wage Order for Setting Minimum Wage and Supplementary Minimum Conditions of Employment for Domestic Workers, 2017 | Government Notice 258 of 2017 |
Labour General Regulations, 2008 | Government Notice 261 of 2008 |
Regulations relating to Domestic Workers, 2017 | Government Notice 257 of 2017 |
Regulations relating to the Health and Safety of Employees at Work, 1997 | Government Notice 156 of 1997 |