Essential Services Committee: Call for Input on New Designations

Posted 23 January 2026 Written by Acts Online
Category Labour

Brought to you by SA Legal Academy: The Essential Services Committee (ESC) has invited stakeholders to submit written representations regarding proposals to designate, vary, or cancel essential service classifications.

In terms of section 71 of the Labour Relations Act, No. 66 of 1995, the ESC is conducting an investigation into several service categories to determine their status. This process follows the definition provided in section 213 of the Labour Relations Act, No. 66 of 1995, which identifies an essential service as one that, if interrupted, would endanger the life, personal safety, or health of the whole or any part of the population.

Scope of the Proposals

The ESC notice outlines three primary areas of regulatory focus for the upcoming nationwide hearings:

  • The potential designation of new services as ‘essential’, thereby prohibiting employees in those sectors from participating in strike action.
  • The variation of existing essential service designations to narrow or expand their current application.
  • The cancellation of specific existing designations where the service no longer meets the statutory criteria for being essential.

The Commission for Conciliation, Mediation & Arbitration (CCMA) notes that once a service is designated as essential, the right to strike is limited, and disputes of interest must instead be referred to compulsory arbitration if a minimum service agreement is not in place.

Submission Requirements

Interested parties are required to submit their written input to the ESC by no later than 19 February 2026. These submissions will inform the committee’s recommendations and the subsequent conduct of public hearings. Stakeholders should ensure that representations specifically address the criteria set out in section 213 regarding public health and safety.

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

  • For yourself: Professional legal and compliance advisors must update their regulatory registers to reflect the potential changes in strike-protected categories for the 2026 period.
  • For your business: Firms operating in sectors currently under review must assess the impact of a potential designation on their collective bargaining strategies and operational continuity plans.
  • For your clients: Clients in the healthcare, security, and infrastructure sectors should be advised to prepare formal representations by the 19 February 2026 deadline to ensure their operational requirements are considered by the ESC.

Originally published at https://legalacademy.co.za/news/read/labour-law-input-sought-on-essential-services-committee-proposals

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