SOUTH AFRICA: Annual Update – Expected labour law changes in 2016


Potential introduction of paternity and/or adoption leave: It appears likely that a court challenge may be brought towards the end of 2015 or beginning of 2016 against the current lack of legislative provisions allowing for paternity and/or adoption leave. This appears to follow from a recent Labour Court judgement in which a (male) partner in a single sex civil union, who made use of surrogacy, was found to be entitled to 4 (four) months’ maternity leave.
Action required: At this stage no action is necessary other than the potential review of an employer’s leave policies to provide for paternity and/or adoption leave.


Pay Equity requirements: Based on legislative changes in the latter half of 2014 and early 2015 pay equity requirements have been introduced. Although not many challenges have been brought it is expected that it pay equity claims may be brought more frequently in future.
Action required: Employers should consider whether all employees performing the same or similar work and/or work of equal value receive the same terms and conditions of employment, and/or whether any existing differences are justifiable. Should differences not be justifiable, active steps should be taken to address the differences.

Temporary Employment Services

Registration of Temporary Employment Service Providers (labour brokers): Legislation requiring the registration of temporary employment services is expected to come into force during the course of 2016. Save for those sections requiring registration, the Employment Services Act commenced on 9 August 2015.
Action required: Employers who make use of temporary employment services should review their arrangements and ensure the labour broker is duly registered, once the relevant sections are enacted.