The labor law of South Africa requires notice periods of the following lengths:
Employers can waive the notice period requirement by remunerating the employee for the notice period's duration.
A collective agreement can permit a shorter notice period but not a longer one. The notice of termination must be in writing. Notice of termination must not be given while the employee is on leave. No agreement can require or permit an employee to give a period of notice longer than that required of the employer.
Work visas are issued to foreign nationals for a set duration and only when local skills are not available for hire. Work permits or temporary visas for work are issued by the Department of Home Affairs.
Employees are entitled to 21 consecutive days of annual leave after 1 year of continuous service with an employer. Alternatively, by agreement, they can receive 1 day of annual leave for every 17 days worked or 1 hour of annual leave for every 17 hours worked. An employer must pay the employee for the annual leave before its commencement and at a rate at least equal to their regular wages.
Annual leave cannot be accumulated from 1 year to the next. An employer must ensure employees take annual leave within 6 months after the end of the annual leave cycle.
At the termination of the employment contract, the employer must pay the employee for unused annual leave.
According to South Africa's labor law, the statutory number of work hours cannot exceed 45 hours weekly, 9 hours daily (excluding lunch break) if working a 5-day week, and 8 hours daily (excluding lunch break) if working more than 5 days a week. Working hours can be extended by up to 15 minutes a day or 60 minutes a week by collective agreement. The limit on working hours does not apply to employees earning more than the threshold (269,600.90 (South African rands) per annum, effective May 1, 2026).
Employers and employees can also agree on a compressed working week where employees work up to 12 hours a day without exceeding the weekly limit of 45 hours.
On October 3, 2025, the Constitutional Court of South Africa ruled that several parental leave provisions are unconstitutional to the extent that they unfairly discriminate between parents based on gender, how they become parents, and the length of leave available. As an interim measure (while Parliament has 36 months to amend the laws), a new parental leave framework now applies. All parents (biological, adoptive, commissioning/surrogacy), regardless of gender, are collectively entitled to 4 months and 10 days of unpaid leave.
Birth mothers retain the physical recovery protections previously available to them and can commence parental leave at any time from 4 weeks before the expected date of birth or on a date certificated by a medical practitioner or a midwife as necessary for the employee's or her unborn child's health. An employee must not work for 6 weeks after childbirth unless declared fit to work by a medical practitioner or midwife.
The Court expressly refrained from ordering changes to the corresponding Unemployment Insurance Fund (UIF) benefit provisions. The existing UIF provisions, continue to apply during the interim period. Employees who have contributed to the UIF and who qualify under the existing UIF provisions may claim parental benefits at a rate of up to 66% of their average earnings. Employers and employees should be aware that UIF benefits for newly covered categories of parents, such as non-birthing fathers and commissioning parents, may not yet be fully operational under the existing UIF Act provisions.
In South Africa, every employee is entitled to a wage of no less than the national minimum wage. Effective March 2026, the minimum wage is ZAR 30.23. Minimum hourly rates for specific categories of employees are as follows:
The National Minimum Wage Commission sets the national minimum wage. Its role is to review the minimum wage annually and make recommendations to the Minister on any adjustment, which must commence on a date fixed by the President.
Employers can determine the payment frequency of wages in individual employment contracts. Wages can be paid daily, weekly, fortnightly, or monthly in cash, by check, or direct deposit into bank accounts. Employers must pay remuneration no later than 7 days after the completion of the period for which the remuneration is payable.
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