DoEL to Deem Performers as Employees under BCEA

Posted 25 February 2026 Written by Acts Online
Category Labour

Brought to you by SA Accounting Academy: The Department of Employment and Labour has published a notice of intention to deem performers in the advertising, artistic, and cultural industries as employees for the purposes of South African labour legislation.

In terms of the Basic Conditions of Employment Act, No. 75 of 1997, the Minister of Employment and Labour intends to reclassify performers who were previously treated as independent contractors. This regulatory shift is prompted by evidence that performers in these sectors frequently operate under conditions characteristic of an employment relationship, such as fixed working hours, direct supervision, and regular remuneration for services rendered.

The proposed deeming provision aims to extend the following statutory protections and obligations to workers in the creative economy:

  • The Basic Conditions of Employment Act, No. 75 of 1997 (BCEA);
  • The National Minimum Wage Act, No. 9 of 2018;
  • The Compensation for Occupational Injuries and Diseases Act, No. 130 of 1993 (COIDA); and
  • The Labour Relations Act, No. 66 of 1995 (LRA).

By reclassifying these individuals as employees, the Department seeks to address the precarious nature of work in the creative sector and ensure that performers are no longer excluded from fundamental labour protections and social security benefits. Stakeholders were invited to submit comments on the proposal by 23 February 2026.

Click here to download the 8-page Gazetted Notice.

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

  • For yourself: No direct individual obligations; impact is channelled through professional advisory roles regarding the evolving definition of employment in the creative sector.
  • For your business: Firms providing payroll or HR services to advertising and production agencies must prepare to transition contractor records to employee status, including the implementation of PAYE, UIF, and SDL deductions.
  • For your clients: Clients in the advertising and cultural sectors must review their engagement contracts and budget for increased compliance costs, including mandatory contributions to the Compensation Fund and adherence to the National Minimum Wage.

Originally published at https://accountingacademy.co.za/news/read/doel-intention-to-deem-performers-in-sa-as-employees

The views expressed herein are those of the author and do not necessarily reflect those of Acts Online. Acts Online accepts no responsibility for the accuracy, completeness or fairness of the article, nor does the information contained herein constitute advice, legal or otherwise.