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IOL News
3 days ago
- Business
- IOL News
Where does South Africa rank on fair holiday pay? A global look at worker protections
We take a look into how public holiday pay in South Africa compares to the rest of the world. Lawmakers are currently reviewing ambiguities in public holiday pay regulations under the Basic Conditions of Employment Act (BCEA), but how does the country stack up against international standards when it comes to compensating workers for time off? Under South African labour law, workers who agree to work on a public holiday are generally entitled to double their ordinary pay or their normal wage plus what they earn on the day, whichever is greater. However, recent debates in Parliament have revealed that this section of the law is not as crystal clear as it should be, potentially opening the door to underpayment. As Parliament seeks to resolve this ambiguity, it's worth asking: How fair is South Africa's public holiday pay compared to other countries?
The Citizen
09-07-2025
- Politics
- The Citizen
Public holiday pay: Are employees being cheated by the law?
There are proposed changes to the Basic Conditions of Employment Act. Lawmakers have scrutinised the Basic Conditions of Employment Act (BCEA), pointing out gaps in how it addresses compensation for public holiday work. Officials from the Parliamentary Legal Services recently briefed the Portfolio Committee on Employment and Labour on possible shortcomings or gaps in the current law. The BCEA is a labour law that governs employment matters, including leave, wages, working hours, overtime, and pay for work on public holidays. Law on public holiday pay questioned Parliamentary legal adviser Telana Halley-Starkey informed MPs that section 18(2)(b)(ii) of the BCEA contains 'semantic ambiguity'. This section states that if an employee works on a public holiday, they must be paid their normal daily wage plus extra pay for the hours they actually work that day – but only if this total is more than double their normal daily wage. 'So, the legal issue is the interpretation of that section is not clear. The confusion then lies in the pronoun 'it'. 'A question that may arise is which noun is 'it' referring to. What is the 'greater' that the section refers to?' Halley-Starkey asked. ALSO READ: More than R140 million in salaries paid to suspended government employees She explained that although section 18(2)(b)(ii) is faulty in syntax, there has been no interpretation issues raised by legal experts or any court. 'The common interpretation, therefore, is that the employer either pays the employee double the normal wage or the normal wage plus any amount that is earned on the day, whichever is greater of the two.' Halley-Starkey proposed removing the phrases 'at least double' and 'if it is greater' from the section, and instead including the wording 'the higher amount of the following' to improve clarity. MPs debate the need for legislative fix ANC MP Sello Maeco questioned whether the ambiguity warranted a legislative amendment and whether it was essential. 'Is the use of the pronoun 'it' in the clause legally pragmatic or open to misinterpretation in its practise?' Maeco asked. EFF MP Tebogo Mokwele expressed similar sentiments. 'Is it urgent to address the ambiguity or can it be included in a broader amendment bill to the Basic Conditions of Employment Act,' Mokwele said. READ MORE: Increase in earnings threshold will protect more employees However, DA MP Juliet Basson revealed that during an employment forum she attended two weeks ago, an employer argued that the law is unclear and allows them to choose how public holiday pay is calculated. 'The employer said it is my choice to decide on which scale I pay you because 'it' does not specify and I would be extremely happy if we can change this to specify better. 'I do believe that if you work on a public holiday, you are entitled to more income and you are entitled to the correct form of income because you are giving up free time with your family and loved ones,' Basson said. She added that the current wording of the section seems to favour the employer. Watch the meeting below: Monday and Sunday both public holidays? Another DA MP, Michael Bagraim, expressed surprise that previous litigation had not exposed the issue, describing this as 'weird'. He also questioned whether the proposed amendment made the section 'crystal clear'. Bagraim further emphasised the need to clarify how public holidays are treated when they fall on a Sunday. The DA MP pointed out the confusion around whether both the Sunday and the following Monday are regarded as public holidays, or just one of them. He noted that employees who normally work on Sundays are entitled to time-and-a-half pay. 'If the public holiday is indeed to be on a Monday, then you are going to get double, or are they both public holidays?' Bagraim asked. MK party MP Hazel Mbele supported Bagraim's concerns. 'If people are working on a Sunday, is it regarded as overtime or as a public holiday to get double pay?' Mbele asked, adding that a legal amendment would bring clarity. NOW READ: How does the minimum wage apply to workers not remunerated by the hour?
Mail & Guardian
12-06-2025
- Health
- Mail & Guardian
Workplaces must wake up to the harmful invisibility of endometriosis
One in 10 women suffers from endometriosis, but workplaces seldom recognise this debilitating condition. Photo: Pexels/Anna Shvets In a country grappling with gender equity, rising workplace absenteeism, and the push for inclusive labour policies under the Basic Conditions of Employment Act (BCEA), endometriosis remains an overlooked crisis, one that silently undermines South Africa's efforts to create humane, productive and equitable workplaces. 'You don't look sick,' is a phrase women with endometriosis hear way too often at work, at home, in doctors' offices and sometimes from themselves. In conversations with others navigating endometriosis, a recurring theme emerges: the overwhelming burden of managing pain in silence, often while trying to meet workplace expectations. Many speak of being expected to justify absences long before receiving a diagnosis, as if their health problems were inconveniences rather than legitimate concerns. These experiences show how invisible endometriosis remains in the workplace, not just in terms of physical pain, but also the stigma and lack of accommodations that quietly shape career trajectories. And behind that invisibility lies one of the most debilitating and misunderstood health crises affecting working women today. Endometriosis is a condition where tissue similar to the uterine lining grows outside the uterus. It affects roughly one in 10 women globally. That's millions silently battling chronic pain, fatigue and infertility. In South Africa, where access to specialist care is uneven and healthcare resources are strained, many women face even longer delays in diagnosis and appropriate treatment. Research shows that it takes seven to 10 years to get a diagnosis. During that time, many women are gaslit, misdiagnosed or dismissed. The consequence? Careers cut short, dignity eroded, jobs lost and health quietly sacrificed on the altar of workplace performance. This structural mismatch between what employees need and what workplaces demand creates a dynamic where women feel pressured to mask their pain to avoid stigma, job loss or being labelled as unreliable. This is especially damaging in sectors where sick leave is tightly controlled, or in precarious work environments with little room for flexibility. The unpredictable nature of endometriosis flare-ups makes consistent attendance and productivity difficult. Missed promotions, unfair performance reviews, or job losses are not uncommon. This undermines employment equity, not only along gender lines but also class and health lines. At many workplaces, 'diversity and inclusion' is reduced to a wellness day or a motivational speaker. But for employees doubled over in pain, that kind of tokenism is not support, it's avoidance. Chronic illness remains the elephant in the boardroom. South Africa's progress toward workplace transformation, through broad-based black economic empowerment and equity laws is commendable. But to be truly inclusive, policies must also account for the experiences of those managing chronic, often invisible health conditions such as endometriosis. This gap signals the need for a more intersectional approach to workplace equity. A framework for change To end this cycle, here is a four-part framework South African workplace can adopt immediately 1. Policy reform: Recognise chronic illness in HR and organisational policies. Review BCEA provisions in relation to long-term, fluctuating conditions like endometriosis. 2. Flexible work options: Enable remote work, adjustable schedules, and rest breaks during flare-ups, especially important in South Africa's mixed rural-urban labour economy. 3. Manager education: Train supervisors to replace scepticism with empathy. Awareness reduces stigma and improves productivity. 4. Support systems: Create access to mental health resources, safe disclosure channels, and peer support groups. These are low-cost interventions that are effective. I explore this framework in detail in my recent article which you can read When flare-ups hit, routine tasks become mountains. Without proper support, women are forced to choose between health and income. For South Africa, where high unemployment, youth joblessness and gender inequality already intersect, this is an unacceptable trade-off. Endometriosis is not just a medical condition, it's a workplace issue. One that demands recognition under policies and labour codes, and inclusion in discussions around productivity and well-being. If we claim to care about transformation, dignity, and decent work, we must move beyond superficial gestures. It's time to stop brushing off pain that doesn't show on a scan and start building workplaces that are compassionate, inclusive, and prepared for reality. Endometriosis is real. Women's pain is real. It's time our policies, leaders, and workplace cultures responded like it. Zimkhitha Juqu is a researcher, published and cited author interested in gender, health equity and workplace inclusion.
IOL News
09-06-2025
- IOL News
Ongoing inspections reveal undocumented workers
The Department of Employment and Labour continues its oversight of construction sites in Knysna. Image: Department of Employment and Labour A year after the George building collapse, which claimed the lives of 34 people and left 28 injured, the Department of Employment and Labour continues oversight on construction sites in towns such as Knysna, which saw multiple undocumented foreign nationals taken into custody and the sites closed temporarily. In a statement, the department confirmed that during a multidisciplinary and unannounced inspection held on June 3, they visited the construction and hospitality sector in Knysna, where several undocumented workers were found. 'At one construction site, gross contravention to labour legislation was discovered, which led to the temporary closure of the site,' said the department. 'Multiple undocumented foreign nationals were taken into police custody on site, all thanks to the swift work of the joint venture between the department's Inspection and Enforcement Services (IES) unit, the local Knysna police office, as well as Home Affairs' Border Management Authority. 'The blitz inspection forms part of the department's service delivery campaign in Knysna. #Yazini #Delservices #workersrights.' Teboho Thejane, chief communications officer, said as it was a multidisciplinary blitz, they could not comment formally on undocumented persons, when asked how many persons were detained. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Next Stay Close ✕ Ad loading 'As labour migration Act is outside our scope we do not effect arrests, but we look at, Basic Conditions of Employment Act,(BCEA), National Minimum Wage Act, (NWM), Labour Relations Act, ( LRA), Employment Equity Act, (EEA ) and, Occupational Health and Safety Act, (OHSA) just to mention a few," he said. 'Inspection and Enforcement Services (IES) nationally does have proactive and reaction inspection in different sectors, inclusive of contraction. Construction is one of the sectors under our radar. Because such blitz inspections include other role players as they are multiciliary when they are arranged and finalised we will inform accordingly.' In January, the Department of Employment and Labour carried out a similar blitz in Camps Bay where 10 illegal immigrants were found working at restaurants, and their employers held accountable, with one arrested. The Department of Home Affairs's David Hlabane did not respond to queries. Just last week, the Minister of Public Works and Infrastructure, Dean Macpherson, received the final report from the Council for the Built Environment (CBE), through its body Engineering Council of South Africa (ECSA), surrounding the tragic George building collapse. He said the department will carefully study the report to develop a pathway forward to ensure such a collapse never happens again. Earlier, the George Municipality also confirmed that the final report involving the independent structural investigation of the site, which was commissioned and undertaken by the Engineering Design Services (EDS), has been handed over to the police. Human Settlements Minister, Thembi Simelane, said via a report that the municipality was at fault for approving the apartment block's plan when it was already in the process of construction.
Daily Maverick
05-05-2025
- Business
- Daily Maverick
Back to the office — can your boss force you to go?
South African labour law hasn't kept pace with the mass migration to home offices, shared dining tables or kitchen counters. While remote work has become a new default, it presents a legal grey zone that could trip up both workers and the companies relying on them. Once a pandemic lifeline, remote and hybrid work are now permanent fixtures of South Africa's employment landscape. Logging in from home might feel like business as usual, but the right to do so can be shaky in legal terms. Meanwhile, employers hoping to drag teams back to the office face legal, ethical and operational complications. 'Remote working is not specifically catered for in [South Africa's] current legislative framework,' says Yvonne Mfeka, director of employment law at Cliffe Dekker Hofmeyr. 'However, the ability to work remotely will be construed as a benefit for purposes of the Labour Relations Act (LRA).' The contract conundrum The Basic Conditions of Employment Act (BCEA) mandates that employers provide written particulars of employment. If your office has shifted to your living room, your paperwork needs to reflect that. 'Updated contracts protect both the employer and employee by clearly outlining expectations, responsibilities and rights in the new working arrangement,' Fatima van Toorn, managing member of FvT HR consulting, explains. Data protection, confidentiality, electricity costs, backup power and even internet expenses should be ironed out in writing. 'There should be clear stipulations about who bears the cost for internet, electricity and equipment needed for remote work,' Van Toorn says. While it may seem like a perk, Van Toorn warns that remote work should always come with a built-in back door: 'Contracts should include provisions about the employer's right to revoke the employee's concession to work remotely and revert to office-based work if necessary.' Productivity gains and losses For some, remote or hybrid work has been a gift of time and efficiency. Van Toorn says that many of their clients have retained remote working or hybrid arrangements since the pandemic, precisely because performance remained strong. 'Remote work has had a positive impact on employees who were accustomed to spending many wasted hours sitting in traffic,' she says. But not every home office is a sanctuary of focus and flow. Freelance copywriter Havana Duancey, who has worked remotely part-time since 2021, offers a more nuanced take. 'Working remotely was conducive to my productivity because it allowed me to work around my studies and choose my own hours,' she points out. 'However, I'm definitely more productive in a group setting […] communication was much more effective in person.' Duancey's experience highlights a common concern: while remote work offers flexibility, it can erode team cohesion and mental health. 'My mental health definitely benefits from a separation between work and rest,' she says, 'so I would sometimes struggle setting boundaries between work and rest time while working from home.' How does this affect you? If you're an employee: Check your contract. If it doesn't mention hybrid or remote arrangements, you may have less protection than you think. If remote work is listed as a benefit, your employer can't yank it without your consent. You still have rights such as rest periods and fair treatment, even if you're working in slippers. If you're an employer: Update contracts and create clear remote work policies. Know that you can require a return to the office, but only if it's fair, lawful and contractually sound. Protect your company by addressing compliance and performance management proactively. The risks of remote Keeping a workforce together that's scattered across suburbs, cities or provinces is a puzzle of compliance. 'The Occupational Health and Safety Act requires employers to provide a safe working environment,' Van Toorn says. 'Ensuring home workspaces meet safety standards is challenging to monitor and enforce. Liability for injuries sustained while working from home can become a challenge.' There's also the matter of working hours and overtime. The BCEA regulates these tightly, but enforcing them in a remote context is a different beast. 'Monitoring actual working hours becomes more challenging,' Van Toorn notes. 'The blurring of work-life boundaries can lead to employees working outside of agreed hours, raising questions about compensation and compliance.' Other issues include employment equity — where remote work may disadvantage employees without reliable home setups — and cross-border complications. 'Employees might work from different provinces or even countries,' Van Toorn says, which can create 'complex tax implications and questions about which labour laws apply.' Can they really force you back to the office? Short answer: yes. Long answer: it's complicated. Mfeka confirms that employers could require their employees to return to the office. However, they had to do so fairly and lawfully. 'To the extent that an employer compels an employee to return to the office without reaching an agreement, this would potentially constitute a breach of contract of employment,' Mfeka says. Changing your work location, just like changing your salary or job title, requires consent. Thus, you can't be dragged back into peak-hour traffic without some paperwork and a conversation. DM
