Applicable Legislation – the Labour Court Act No. 3 of 2024 – which came into force on 2 April 2024, being the date of publication
The information contained in this Guide is for general information purposes and should not be considered professional legal advice. Opinions expressed in this Guide are the author’s and we make no representation of warranties that the author’s interpretation of this new Labour Law Act is accurate, correct and reliable. Any reliance the reader place on this information is therefore strictly at the reader’s risk.
A. Mandatory benefits:
| DETAILS | |
| Annual leave | Minimum 12 days in a year. |
| A weekly rest | Minimum 1 day per week. |
| A lunch break | Minimum 1 hr. |
| Overtime pay | Overtime is time in excess of 45 hours in a work week. The lunch break is excluded from the computation of ordinary hours of work. Or 195 hours in a month if hours of work are ‘appropriated’ in a month. |
| Sick leave | First 6 months may be unpaid. After 6 months, paid 12 days. After 12 months, paid 12 days & thereafter, half pay of up to 24 days in each 12 months. |
| Public Holidays | Day off with pay or compensation which could either be an additional daily wage or time off. |
| Maternity leave | Minimum 3.5 months, 7 weeks to be taken prior to confinement and remaining 7 weeks after confinement. The 7-week leave after the due date should be extended for a week if the employee gets sick after giving birth. It does not appear as if the parties can agree otherwise. It is a must that the expectant mother takes leave at least 7 weeks before the due date. There is no obligation on the employer to pay. The employer has a discretion. |
| Nursing hours | Up to 1hr a day (on full pay) for 6 months immediately after maternity leave. |
| Paternity leave | 14 days from the birth of the child. It is not clear whether Paternity leave is paid. |
| Still-born maternity leave | 3 weeks. There is uncertainty on whether still-born maternity leave should be on pay. |
| Adoption leave | Bonding leave both parents are entitled to 14 days from the day the adopted child arrives at the family home. There is also uncertainty on whether adoption leave should be on pay. |
| Bereavement leave | 5 days for an immediate family i.e. a spouse, children, parents and parents in law “who are dependants and needs the worker’s support and care”. Whether or not bereavement leave is paid is also not clear. |
| Childcare leave | Period unspecified, but the section contemplates it will be a period of hospitalisation and if so advised by Medical Professionals. Upon discharge, the parent should be granted sick leave. Is childcare leave on pay? It is not clear whether childcare leave is paid. |
| Severance pay | Payable on termination. The entitlement arises when the employee has been in continuous service for more than a year. Exceptions: • Employees fairly terminated for misconduct are not entitled. • If the employer operates another separation benefit scheme (eg provident fund schemes or gratuity that is more advantageous for the worker.) Note: The employer has the discretion to decide whether to pay one or both benefits. It is however advisable to agree with the employee from the onset which benefit will be paid upon termination. |
