Know Your Rights According to South African Labour Law

A Simple Guide for Every Worker

Understanding your rights at work shouldn’t require a law degree. Whether you’re starting a new job, facing a workplace issue, or just want to be informed – here’s a clear breakdown of the rights every employee in South Africa should know.

1. Your Right to a Fair Contract

What it means:
You must be given a written contract when you start a job. This should clearly state your role, working hours, salary, and any conditions.

Why it matters:
A written contract protects you from unfair treatment and sets clear expectations between you and your employer.

2. Your Right to Fair Working Hours

What the law says:

  • You can’t be forced to work more than 45 hours a week (excluding overtime).
  • Overtime must be voluntary and paid at 1.5x your hourly rate.
  • You must get a daily rest period of 12 hours and a weekly rest period of 36 consecutive hours, usually including Sunday.

3. Your Right to Leave

Every employee is entitled to:

  • Annual leave: At least 15 working days per year (or 21 consecutive days).
  • Sick leave: 6 weeks’ paid sick leave over 36 months.
  • Family responsibility leave: 3 days per year (for things like the death of a family member or caring for a sick child).
  • Maternity leave: Up to 4 months, but employers are not legally required to pay during this time (you may claim from UIF).

4. Your Right to a Safe Workplace

Your employer must:

  • Provide a workplace free from hazards and risk.
  • Train and equip you to work safely.
  • Protect your physical and mental health.

You have the right to refuse work that puts your life in danger without fear of being fired.

5. Your Right to Be Treated Fairly

Unfair discrimination based on race, gender, age, religion, or disability is illegal.
Harassment, including sexual harassment, is also not tolerated.
If this happens, you have the right to report it – internally or to the CCMA.

6. Your Right to Speak Up

If you’re treated unfairly, dismissed without cause, or your rights are violated, you can:

  • Lodge a grievance at work.
  • Take your case to the CCMA (Commission for Conciliation, Mediation and Arbitration).
  • Contact the Department of Labour or legal aid for help.

You cannot be punished for standing up for your rights.

7. Your Right to Join a Union

You are free to:

  • Join a trade union.
  • Take part in union activities.
  • Bargain collectively for better wages and conditions.

Employers cannot penalise you for being a union member.

Final Thoughts: Knowledge Is Power

South African Labour Law is designed to protect you – the worker. But rights are only powerful if you know and use them. Don’t be afraid to ask questions, seek support, or take action when something doesn’t feel right.

For full access to your rights relating to the Basic Conditions of Employment Act, the Labour Relations Act, and the Employment Equity Act. – please refer to the Department of Labour Resources – https://www.labour.gov.za/DocumentCenter/Pages/Acts.aspx

 

🛠️ For more resources and to review your employer, visit Our Work Life – your voice matters.