The Department of Employment and Labour has taken decisive steps to strengthen worker protection and close long-standing compliance gaps across key sectors, including security, municipalities and the creative industries.
In a statement on Thursday, the department said it has officially withdrawn the 2003 Variation Notice that previously excluded the application of Section 34A of the Basic Conditions of Employment Act (BCEA), which governs the payment of employee benefit fund contributions.
The withdrawal restores the authority of labour inspectors to enforce the timely payment of pension, provident fund, retirement and medical aid contributions deducted from employees’ salaries.
For years, the exemption created what the department described as “a significant enforcement gap”, leaving workers vulnerable to employers who deducted contributions but failed to transfer them to the relevant funds.
“With the exemption now removed, inspectors are empowered to verify whether employers have paid contributions into the correct funds, request proof of payment and contribution schedules, and take enforcement action wherever non‑compliance is detected,” the department said.
The department said the intervention strengthens workplace-level accountability and provides enhanced protection for workers’ hard-earned benefits, particularly in the security sector and municipalities, where abuse has been widespread.
In a separate but related development, the Minister of Employment and Labour, Nomakhosazana Meth, has published a notice indicating the department’s intention to classify performers and crew members in the film, television, advertising, artistic and cultural sectors as employees.
Many workers in these industries are currently designated as independent contractors, despite operating under conditions similar to permanent employment. The department said the move seeks to extend essential labour protections, including access to sick leave, maternity leave, severance pay, protection under the National Minimum Wage, and coverage through the Compensation for Occupational Injuries and Diseases Act.
The proposal would also ensure compliance with BCEA provisions on working hours, termination procedures and record-keeping, while extending rights related to fixed-term contracts under the Labour Relations Act.
According to the department, the proposed reform responds to “strong stakeholder submissions” and recognises the vulnerability of performers and production staff, who frequently operate without basic labour protections. It confirmed that the process could result in a sectoral determination tailored to the industry’s specific needs.
Stakeholders have 30 days from the date of publication to submit written inputs, while the Minister has requested the National Minimum Wage Commission to investigate wage levels and employment conditions in the sector.
“Together, these regulatory measures mark a clear step forward in advancing decent work in South Africa. They demonstrate a renewed commitment to closing compliance gaps, protecting vulnerable workers, and ensuring that employers across all industries uphold the country's labour laws.
“The actions reinforce the department's dedication to promoting fairness in the workplace, supporting a more equitable labour market, ensuring accountability among employers, and safeguarding the rights and dignity of all workers,” the department said. – SAnews.gov.za
