BCEA: Performers in Arts and Advertising to be Declared Employees

Posted 23 January 2026 Written by Acts Online
Category Labour

Brought to you by SA Legal Academy: The Department of Employment & Labour has initiated a consultation process to reclassify performers in the advertising, artistic, and cultural sectors as employees under the Basic Conditions of Employment Act, No. 75 of 1997.

In terms of the notice gazetted by the Department, the Minister intends to exercise powers under the Basic Conditions of Employment Act, No. 75 of 1997 to declare specific categories of persons as employees. This proposal covers all performers involved in:

  • Advertising activities;
  • Artistic activities; and
  • Cultural activities.

The consultation process, which remains open for public comment until 22 February 2026, is intended to address the historical lack of statutory protection for freelance performers. According to the Department, this process may culminate in the promulgation of a sectoral determination tailored specifically to the requirements and operational realities of the arts and advertising industries.

Impact on Employment Status

If implemented, the declaration will shift the legal status of these performers from independent contractors to employees. This change will grant performers access to the protections afforded by the Basic Conditions of Employment Act, No. 75 of 1997, including regulated working hours, leave entitlements, and minimum remuneration standards. It will also likely trigger obligations under the Labour Relations Act, No. 66 of 1995 and the Unemployment Insurance Act, No. 63 of 2001.

What this means for you, your business, or your clients

  • For yourself: No direct individual obligations; impact is channelled through professional advisory requirements for clients in the creative industries.
  • For your business: Legal and accounting practices serving the media sector must prepare for a significant shift in payroll administration and contract law as current independent contractor templates may become obsolete for performers.
  • For your clients: Production houses, advertising agencies, and cultural institutions must review their current engagement models and prepare written submissions to the Department before the 22 February 2026 deadline to influence the final sectoral determination.

Originally published at https://legalacademy.co.za/news/read/basic-conditions-of-employment-act-arts-culture-advertising-performers-to-be-declared-employees

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