Draft Labour Law Amendment Bill Gazetted for Comment

Posted 26 February 2026 Written by Acts Online
Category Labour

Brought to you by SA Legal Academy: The Department of Employment & Labour has gazetted the draft Labour Law Amendment Bill for public comment, with a submission deadline of 28 March 2026.

In terms of the draft Bill, which follows a review of prevailing legislation by the National Economic Development & Labour Council (Nedlac), the government seeks to reform the Basic Conditions of Employment Act, No. 75 of 1997 and the Unemployment Insurance Act, No. 63 of 2001. The proposed amendments aim to create a more equitable leave system and expand the scope of regulatory protections for various worker categories.

According to the memorandum on the draft Bill’s objects, the proposed legislation includes provisions to:

  • Introduce a shared parental leave model to replace the current fragmented maternity and parental leave framework.
  • Enable sectoral determinations to apply to a broader category of employees, potentially extending minimum wage and condition protections to previously excluded sectors.
  • Align leave provisions with the 2023 High Court ruling regarding the unconstitutionality of certain sections of the Basic Conditions of Employment Act, No. 75 of 1997 relating to parental leave.

Minister of Employment & Labour, Nomakhosazana Meth, confirmed that the draft Bill intends to strike a balance between fair labour practices and the operational requirements of employers. Additionally, while the Cabinet has approved the publication of a draft Labour Relations Amendment Bill, that specific draft has not yet been gazetted at the time of this report.

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

  • For yourself: Review the proposed shared parental leave model to understand how future leave entitlements may be split between parents, potentially changing your individual claims against the Unemployment Insurance Fund.
  • For your business: Conduct a preliminary audit of HR policies and payroll systems to prepare for a shift from maternity-specific leave to a shared parental leave framework, which will require updated tracking and compliance mechanisms.
  • For your clients: Advise clients in specialized industries that the expansion of sectoral determinations may soon bring previously exempt employee categories under the ambit of mandatory minimum conditions of employment and wage regulations.

Originally published at https://legalacademy.co.za/news/read/labour-law-draft-amendment-bill-out-for-comment

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