The Hard Truth About Finding Work in SA
Right now, finding a job in South Africa feels incredibly tough – almost like trying to find a needle in a haystack. There just aren’t enough jobs to go around, and everyone’s scrambling for the few opportunities available. In fact, official numbers from the first quarter of 2025 showed that over 8.2 million people in the country are unable to find work (32.9% unemployment). This is an increase from the 31.9% recorded in the fourth quarter of 2024, which doesn’t make things easier for families struggling to make ends meet.
The Squeeze on Workers
If you do have a job, you’re likely feeling the pressure from all sides. Your boss might be pushing you to work longer hours or do more for less because they’re trying to save money and boost profits. At the same time, the cost of living keeps going up, making every rand you earn stretch less and less.
It’s a tough spot to be in, and some employers might even try to get you to work extra hours beyond what you agreed to in your contract. But here’s the important bit: employers need to be careful about this. Pushing employees too hard, especially with overtime, could land them in hot water with the law.
Your Rights Are Protected
Even though jobs are scarce, South Africa actually has strong laws in place to protect workers like you. These laws are there to make sure you’re treated fairly and aren’t taken advantage of. So, while the job market is definitely a challenge, remember that you have legal rights protecting you in the workplace.
Employers may feel the need to encourage employees to put in overtime and work beyond their contractual obligations; however, they should be warned that such expectations may place them in a potentially liable situation in terms of the Basic Conditions of Employment Act No. 75 of 1997 (BCEA). Despite the constricting workforce in the country, South Africa has quite well-developed labour legislation in place to protect the interests of employees.
South Africa’s labour law legislation is made up of the Basic Conditions of Employment Act No. 75 of 1997 (BCEA); the Employment Equity Act No. 55 of 1998 (EEA), as well as the Labour Relations Act No. 66 of 1995 (LRA). These acts cover several aspects relating to labour law; however, for this article, the Basic Conditions of Employment Act No. 75 of 1997 (BCEA) is the piece of legislation which interests us. Section 9 of the BCEA sets out the ordinary working hours of an employee. The BCEA states that: “an employer may not require or permit an employee to work more than (a) 45 hours in any week; (b) nine hours in any day if the employee works for five days or fewer in a week; or (c) eight hours in any day if the employee works on more than five days in a week”. The Act sets out clear boundaries for the working hours of employees and ensures that work hours which exceed such hours are reflected in an employment contract and may not be legally enforceable. One should always bear in mind that it is not possible to contract out of the law. This means that a contract, be it an employment contract or contract of another nature, may not seek to include terms which are contrary to the law.
The law, however, is not applied in a vacuum and section 9 of the BCEA does indeed make room for exceptions thereto. The South African workforce is under significant strain. Employers and employees should be mindful of this when negotiating the terms of their employment contracts. It is advisable to retain legal assistance when attending to drafting these contracts to ensure that all parties are protected.
For expert guidance on South African labour laws and to ensure compliance with the BCEA, contact us, and we will gladly assist.
Saeedah Salie
saeedah@bbplaw.attorney
Associate
Recent Comments