Your Basic Rights at Work

Understand key workplace rights and where to turn when something goes wrong.

Your Basic Rights at Work

You start a new job, but you are unsure whether your pay is correct. Your employer asks you to work extra hours, or you are worried about raising a problem at work. What should you know about your rights?

South African employment laws set minimum standards for many aspects of work. The Basic Conditions of Employment Act 75 of 1997 (BCEA) deals with matters such as pay, working hours, leave and information about your employment. The Labour Relations Act 66 of 1995 (LRA) provides protections relating to dismissal and certain workplace disputes. Different rules or exceptions may apply depending on the type of work and the employee’s circumstances.

What should you receive when you start working?

For employees covered by section 29 of the BCEA, an employer must provide written particulars of employment when employment begins. These include the employer’s details, your job, place of work, starting date, working hours, pay, leave entitlement and the notice required to end the employment relationship.

You should also receive updated written particulars when those details change. Keep a copy of the documents you receive, even if your employer calls them an appointment letter rather than an employment contract.

Before starting, check that you understand your pay, working days, probation terms (if any), leave arrangements and whom to contact about workplace concerns.

How much should you be paid?

The National Minimum Wage Act 9 of 2018 sets a minimum hourly wage for covered workers. The rate can change, and some categories of work have specific rules. Check the current official rate rather than relying on an old figure or an amount someone has told you.

Your employer must also give you a payslip when you are paid, containing prescribed information such as the payment period, your pay, deductions and the amount you actually receive. Deductions from your pay are subject to legal requirements. An employer cannot simply deduct any amount it chooses.

Practical tip: Keep your payslips and compare them with your employment documents. If an amount is missing or a deduction is unclear, ask for a written explanation.

Can your employer require you to work extra hours?

The BCEA regulates ordinary working hours, overtime and rest periods. For employees to whom its ordinary working-hours provisions apply, the general limit is 45 ordinary hours per week, subject to the Act’s rules and permitted arrangements. Overtime generally requires an agreement and is subject to limits and compensation requirements.

These working-time rules do not apply in exactly the same way to everyone. Some employees, including certain senior managers and employees above the applicable earnings threshold, are excluded from particular BCEA working-time provisions. If you are unsure which rules apply to you, check your employment arrangements and seek guidance.

Are you entitled to leave?

The BCEA provides for different kinds of leave, including annual leave and sick leave, subject to the applicable requirements. For employees covered by its annual-leave provisions, the statutory minimum is generally 21 consecutive days of annual leave per annual leave cycle, which usually amounts to 15 working days for someone who works five days a week. Your employment agreement may provide more favourable leave arrangements.

Check your leave balance, the process for requesting leave and the rules that apply when you are ill. Keep copies of leave requests and approvals. If you need leave for a particular situation, do not assume that every category of leave has the same eligibility requirements or duration.

What if you experience discrimination or harassment?

The Employment Equity Act 55 of 1998 prohibits unfair discrimination in employment on specified grounds, including race, sex, pregnancy, disability and religion. Harassment connected to a prohibited ground can also amount to unfair discrimination.

If you experience discrimination or harassment, record what happened and keep relevant messages or documents. You may be able to raise a grievance through your employer’s procedures or seek assistance from a trade union, legal adviser or the Commission for Conciliation, Mediation and Arbitration (CCMA). Different disputes have different referral requirements and deadlines.

Can your employer dismiss you without a fair reason?

The LRA protects employees against unfair dismissal. Whether a dismissal is fair depends on the reason for it and whether the applicable procedure was fair. The rules differ depending on the circumstances, such as alleged misconduct, incapacity or the employer’s operational requirements.

If you believe you have been unfairly dismissed, act promptly. An unfair-dismissal dispute generally must be referred to the appropriate bargaining council or the CCMA within 30 days of the dismissal or, where applicable, the employer’s later final decision to dismiss or uphold the dismissal. Other types of workplace disputes have different deadlines.

Do not wait for an internal discussion to finish without checking whether a referral deadline is approaching.

What should you do if something goes wrong at work?

1. Identify the problem. Is it about pay, leave, working hours, discrimination, dismissal or something else? The type of problem affects where you can seek help.

   
   

2. Keep your records. Save your employment documents, payslips, schedules, relevant messages and a dated account of what happened.

   
   

3. Raise the concern where appropriate. You may be able to approach your supervisor, human resources department or trade union. Put important concerns in writing and keep a copy.

   
   

4. Find the correct advice or complaint channel. The Department of Employment and Labour can assist with concerns about compliance with employment laws. The CCMA or a relevant bargaining council may deal with qualifying disputes. Not every workplace problem follows the same process.

   
   

Remember: Knowing your rights also means knowing where to seek help and how quickly you may need to act. If you receive a dismissal letter, disciplinary notice or other document with a deadline, do not ignore it.

Official Resources and Further Reading

• Basic Conditions of Employment Act 75 of 1997: Read the law governing basic employment conditions, including written particulars, pay and leave.

• Employment Equity Act 55 of 1998: Read the legislation addressing unfair discrimination in employment.

• Labour Relations Act 66 of 1995: Read the legislation governing unfair dismissal and the resolution of labour disputes.

• National Minimum Wage Act: National Minimum Wage Amendment 2026: Check the official minimum-wage notice and look for later updates when needed.

• Finding a job | South African Government: Find the Department of Employment and Labour’s practical guides to workplace matters.

• Refer dispute to CCMA: Learn about referring qualifying workplace disputes to the CCMA.

• Late referrals - Condonation Applications Info Sheet: Understand referral deadlines and what happens when a referral is late.

Disclaimer: This article provides general information about South African law and does not constitute legal advice. The information may not apply to your particular circumstances. If you need advice about your situation, consult a qualified legal practitioner or an appropriate legal advice service.