At the LWO, our mission is clear: to play a dynamic role in the management of labour relations that will contribute to a productive and sustainable work environment. Our workshops play a key role by providing practical and relevant training that focuses specifically on the employer’s realities. By addressing current topics and explaining legal requirements in an understandable way, our workshops enable employers to be proactive, limit risks and build a fair, legal and productive workplace.

For the past 35 years, the LWO has had a world-class team of highly qualified legal advisors who provide labour law advice and labour law services nationally to employers on a daily basis. Since 2023, the LWO has again offered a series of practical workshops focusing on labour law for the employer. Workshops are offered online via a digital platform such as Microsoft Teams, as well as in person.

Workshops 2025

During the first seven months of 2025, approximately 25 workshop sessions have already taken place. We are excited to announce that there are many more scheduled workshops that will take place before the end of 2025. Topics include:

• How to handle grievances
• Factfinding and investigative process for a successful hearing
• How to deal with alcohol, drugs and absenteeism
• What should be in your workplace employment contract and included in your onboarding process 101

Agricultural sector

• Absenteeism and disciplinary hearings
• Preparing for a basic conditions of employment inspection
• Handling alcohol and drugs in the workplace
• What to do if there is an injury on duty (IOD)
• Forms of termination of employment

Workshop schedule

The LWO workshops are designed to keep employers up to date with the latest labour legislation and offer practical advice on how to effectively address workplace challenges. Click on the link below to see the full schedule of workshops, as well as links to register. Book your place early! https://lwo.co.za/one-stop-labour-shop/training-courses/

We have great appreciation for business owners who play such a critical role in our country’s economy and are proud of this initiative to make a difference at the grassroots level in every employer’s business. Did you know that the LWO also offers workshops on demand? We understand that every business is unique and therefore we invite you as an employer to contact us with your specific training needs regarding labour law topics need that is not covered in the schedule, or with any questions about the workshops.

We look forward to welcoming you to our sessions! We are here to support your growth and success with custom designed solutions.

Contact Hannes Latsky, LWO Training and Compliance Manager, for more information about workshops at 0861  101  828  x303 or send an email to hannes@lwo.co.za

Contact the LWO for any advice or assistance!

Not an LWO member yet? Take a look at our membership packages.

The Minister of Employment and Labour, Nomakhosazana Meth, published the adjustment to the national minimum wage for 2025 in the Government Gazette on 4 February 2025. The new national minimum wage, which came into effect on 1 March 2025, is set at R28.79 per normal working hour. This wage applies to employees who fall under the scope of the Basic Conditions of Employment Act, Act 75 of 1997 as amended (BCEA).

National Minimum Wage Commission

In terms of the National Minimum Wage Act, Act 9 of 2018 as amended (NMWA), the National Minimum Wage Commission (the Commission) annually assesses and reviews the national minimum wage. The Commission then makes a recommendation to the Minister of Employment and Labour to adjust the wage.

The criteria that the Commission generally uses to determine the proposed increase is the Consumer Price Index (CPI) plus an additional percentage point (usually 1.5%). Key factors as prescribed by the NMWA are also taken into account and include the following: inflation and cost of living, wage levels and collective bargaining outcomes, the Gross Domestic Product (GDP) and productivity. Other factors include employer viability and the impact on employment, as well as public input.

The Department of Employment and Labour indicated in a media release on 18 December 2024 that the Commission, in its preliminary report, is examining an annual increase in the national minimum wage in the region of CPI + 1.5% for 2024/2025.

Given information already available from Statistics South Africa at the time of the article, we can see that the CPI increased by 0.1% from 2.9% for November 2024 to 3.0% for December 2024, which therefore calculated the national minimum wage increase at approximately 4.4%. The Commission accordingly made this proposal to the Minister.

It is interesting that the new wage is also in line with the overall average CPI for 2024 of 4.4% as published by Statistics South Africa earlier this year.

Exemption

As an employers’ organisation, we know that businesses operate in a challenging environment. The national minimum wage and associated increases often place additional pressure on employers as the payment of the wage is non-negotiable. It is important for employers to be aware that failure to comply with the NMWA can result in severe fines.

The NMWA states that if employers cannot afford the national minimum wage, they can apply online for exemption (http://nmw.labour.gov.za). If exemption is granted, the employer will still have to pay at least 90% of the national minimum wage. Exemption is only valid for a maximum period of 12 months.

As part of the exemption application, the employer must provide a good reason for the exemption, as well as evidence of meaningful consultation with employees and representative trade union(s) where applicable. The regulations further stipulate that such an application will not be granted if the employer does not meet the affordability elements in terms of profitability, liquidity and solvency. The calculations for these tests are included as part of the schedules to the Act. Exemption will only be considered if the employer is up to date with all statutory payments, including the Unemployment Insurance Fund, the Occupational Injuries and Compensation Fund (Compensation Commissioner) and any other applicable levies.

The outcome will confirm the date of commencement of the exemption, as well as the period for which it is granted, the wages that the employer is obliged to pay and any other relevant conditions. If exemption is granted, a copy of the exemption certificate must be displayed in the workplace and provided to the employees concerned and representative trade union(s) where applicable. If the application is unsuccessful, the employer will receive a notice stating the reasons for the refusal.

This article is intended to be considered general information and is not intended to be considered legal advice and employers are advised to contact us to confirm the correct minimum wage applicable to their specific industry, as it may differ from the national minimum wage as set out above.

Contact the LWO for any advice or assistance!

Not an LWO member yet? Take a look at our membership packages.

Some employers are mistakenly under the impression that an employee who is not in possession of the relevant and legal documentation to perform work in South Africa will not be protected by South African labour legislation and therefore no claim of unfair labour practice can be made.

What does the law say

In terms of section 38(1) of the Immigration Act, Act 13 of 2002 as amended together with the regulations published under the legislation, employers are prohibited from employing a person who is not lawfully in South Africa with the necessary documentation.

However, the Basic Conditions of Employment Act, Act 75 of 1997 as amended and the Labour Relations Act, Act 66 of 1995 as amended (LRA) still provide these employees with protection against unfair labour practices. This legislation promotes the constitutional right to fair labour practices for all employees and not just South African citizens, as prescribed by section 23 of the Constitution of the Republic of South Africa, 1996.

What is the risk

Employers run the risk of being arrested by the South African Police Service and the Department of Home Affairs’ Immigration Services if they employ foreigners illegally. In such a case, the employer may face imprisonment and/or a fine for each illegal employee employed. The employee may also approach the Commission for Conciliation, Mediation and Arbitration (CCMA) for compensation in the event of unfair labour practices or unfair dismissal.

In the Labour Court case of Discovery Health Limited v CCMA and others (2008) 29 ILJ 1480 (LC), the court essentially concluded that everyone in South Africa has a constitutional right to fair labour practices, which is vested in ‘everyone’ and not just in parties included in a contract of employment. In light of the LRA’s express purpose of promoting economic development, social justice, labour, peace and the democratisation of the workplace, courts must therefore be more vigilant in protecting those employees who are vulnerable to exploitation because they are inherently economically and socially weaker than their employers.

Required documentation

It should be further noted and emphasised that the responsibility rests with the employer to conduct his/her own due diligence before appointing a foreigner in the workplace. As part of the due diligence, the employer must contact the Department of Home Affairs and/or Immigration Services to confirm the validity of the employee’s documentation provided.

Keep in mind that documentation such as a work permit will expire. The employer must then act immediately and remind and notify the employee in writing, as well as provide reasonable assistance in obtaining new documentation. Give the employee time to apply for documentation from the relevant government department, as well as the contact details of an immigration business or service provider who can assist with this.

Incapacity procedure

If the employer has done everything on his/her part to assist the employee, the employer can follow the incapacity procedure as the employee is incapacitated to legally perform his/her duties in South Africa if the employee does not have the necessary legal documentation.

Due to the complexity and sensitivity of the situation, it is always advised that the employer seek expert labour law assistance and advice to ensure that the correct processes are followed and to limit the business and employer’s risk.

Contact the LWO for any advice or assistance!

Not an LWO member yet? Take a look at our membership packages.

The new Minister of Home Affairs, Dr Leon Schreiber, announced in July 2024 plans to enhance collaboration among key stakeholders and tackle pressing issues within the immigration sector.  This includes the collaboration between the Departments of Home Affairs, Employment and Labour, SA Police Service (SAPS) and local government.  Minister Schreiber further announced that these departments will conduct joint operations to enforce legislation.

Joint multi-departmental blitz inspection operation

Following complaints with the Department of Employment and Labour (DoEL) and social media outcries, a joint multi-departmental blitz inspection operation was conducted in mid-September 2024 by the Departments of Home Affairs, DoEL, officials from the Bargaining Council, and the “HAWKS” (Directorate for Priority Crime Investigation) at two hospitality establishments in Menlyn, City of Tshwane.  Several instances of alleged non-compliance with labour and immigration legislation by the respective employers were uncovered and it’s been reported that several arrests have been made.  The DoEL stated in various media briefings that they found that the employers did not comply with paying the appropriate wages, and also found undocumented foreign national employees during these inspections.

These multi-departmental blitz inspections by the DoEL in conjunction with Bargaining Council officials, the Department of Home Affairs and SAPS were then rolled out to the hospitality sector at restaurants across South Africa.

Compliance assessments

Inspectors conduct compliance assessments to ensure employers adhere to legislation, including the:

• Basic Conditions of Employment Act (Act 75 of 1997 as amended)
• Occupational Health and Safety Act (Act 85 of 1993 as amended)
• Unemployment Insurance Act (Act 63 of 2001 as amended)
• Compensation for Occupational Injuries and Diseases Act (Act 130 of 1993 as amended)
• Employment Services Act (Act 4 of 2014 as amended)
• National Minimum Wage Act (Act 9 of 2018 as amended)

This stringent approach to enforcement reflects the National Government of Unity’s commitment to addressing the obstinate issue of employing foreign citizens illegally. It is crucial for businesses to ensure compliance with immigration regulations to avoid legal repercussions and contribute to a fair and secure labour market in South Africa. Employers who are found to be in violation of immigration legislation may face significant consequences, including fines, imprisonment, or a combination thereof.

Employers – key things to know going forward:

• Increased inspections: based on media statements, the Department of Home Affairs plans to increase inspections in restaurants, spaza shops, farms, and mines by over 50% to address illegal employment practices.
• Collaboration and joint operations with the DoEL, SAPS, Bargaining Councils and local government agencies will likely continue.
• Illegal foreign employees are also afforded the same protection under South African labour law as employees who are South African citizens. As such, they may also not be subjected to unfair treatment in the workplace, or summarily dismissed without following proper and fair procedures.
• Illegal foreign employees also have the legal recourse of referring disputes to the Commission for Conciliation, Mediation and Arbitration (CCMA), Bargaining Councils and in some instances the Labour Court.
• Employers are prohibited from employing any illegal foreign nationals in terms of the Immigration Act (Act 13 of 2002 as amended), with penalties that could lead to a fine and/or imprisonment.
• The laws and agreements governing conditions of employment and applicable minimum wages are not identical for all types of industries and can very well differ depending on the employer’s industry and geographical location, as well as the employee’s position with the employer.
• Compliance with legislation is fundamental, and non-compliance has serious consequences.

Employers are urged to ensure that they comply with all relevant legislation to avoid potential penalties or disruptions. Members are urged to contact the LWO Employers Organisation to assist with inspections. We are here to assist you with ensuring compliance and navigating any challenges related to inspections.

 Telephone: 0861 101 828 | Email: info@lwo.co.za | Website: www.lwo.co.za

Contact the LWO for any advice or assistance!

Not an LWO member yet? Take a look at our membership packages.

It is vital that employers understand their obligations and responsibilities regarding data protection and privacy in terms of the Protection of Personal Information (POPI) Act 4 of 2013.  Employers should take into account compliance requirements, essential policies, and best practices for handling personal information in accordance with the law.

Five practical guidelines for employers include:

1. Information Officer

Identify an “Information Officer” who will be responsible (and liable) for all compliance duties, working with the Regulator, establishing procedures, and training your team in awareness and compliance. A person will automatically be a business’s Information Officer if they are its “Head” i.e. a sole trader, any partner in a partnership, or in respect of a “juristic person” such as a company the CEO, Managing Director or “equivalent officer”. You, your partnership or your company can “duly authorise” another person in the business (management level or above) to act as Information Officer and you can designate one or more employees (again management level or above) as “Deputy Information Officers”. You will need to register both Information Officers and Deputy Information Officers with the Regulator.

2. Assess what personal information you hold, how you hold it, and why:

The Company and/or Information Officer(s) will need to determine what personal information you currently hold, how you hold it, and why you hold it. Importantly, the term “personal information” is defined very broadly to mean any information that can be used to identify an individual person or another business entity. To collect and “process” information lawfully you need to be able to show that you are acting lawfully and reasonably in a manner that doesn’t infringe the data subject’s privacy. You must further show that “given the purpose for which it is processed, it is adequate, relevant and not excessive”. Data can only be collected for a specific purpose related to your business activities and can only be retained for so long as you legitimately need to, or are allowed to, keep it.

3. Check security measures, know what to do about breaches:

The company and/or Information Officer(s) must ensure that appropriate security safeguards are in place, which must be continually updated to secure the integrity and confidentiality of personal information in its possession, or under their control, by taking appropriate, reasonable technical and organisational measures to prevent any loss of, or damage to or unauthorised destruction of personal information, and/or unlawful access to or processing of personal information. Any actual or suspected breaches (referred to as “security compromises” in the Act) must be reported to the Information Regulator and affected data subjects as soon as reasonably possible.

4. Check if you do any direct marketing:

The definition for direct marketing in the Act is broad and includes “any approach” to a data subject “for the direct or indirect purpose of in promoting or offering to supply, in the ordinary course of business, any goods or services to the data subject, or even requesting them to make a donation of any kind and for any reason”. A simple e-mail or WhatsApp message to your customers about new products/special offers, will put you firmly into that definition. If your approach is by means of “any form of electronic communication, including automatic calling machines, facsimile machines, SMSs or e-mail”, you must observe the provisions of POPI Act.

5. Get a start on procedures and training:

The company and/or Information officer(s) will need to determine how they obtain consent, collect, process, store data, and for how long, for what purpose/s and so on. You are much less likely to have a POPI Act problem if everyone in your business understands what your procedures are and implements them as a matter of course. Ensure that no responsibilities are left unassigned—assign specific compliance tasks to designated staff members and ensure clarity on who is responsible for each task.

Non-compliance

Chapter 11, section 107 of POPI Act, deals with the consequences if a business is found to be non-compliant.  For educational purposes contraventions can be categorised into serious offences and less serious offences. The penalty for a serious offence is a fine of up to R10 million, 10 years of imprisonment, or a combination of both a fine and imprisonment.  Similarly the penalty for a less serious offence is a fine of up to R1 million, one year of imprisonment, or a combination of both.

The content in this article is for informational purposes only and should not be construed as legal advice. Please contact the LWO for further information and a referral to our POPI Act service providers.

Contact the LWO for any advice or assistance!

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