This article summarises the most significant proposed changes, with particular focus on the major amendments to the BCEA and the LRA. The BCEA was last amended in 2020 and the LRA was last amended in 2019. The Bill also amends the UIA to align parental benefits with the BCEA amendments.
On-call work: minimum safeguards for unpredictable scheduling
A new framework is proposed for employees earning below the BCEA earnings threshold who are required to work only when work is made available (so called on-call or zero-hours workers). The reforms are designed to introduce predictability and protect employees from last-minute cancellations and volatile hours.
Employers would be required to specify, in written particulars:
The notice for reporting or cancellation must be reasonable, assessed against operational and worker-impact factors. Where cancellation occurs without the required notice, the employer must remunerate employees for cancelled work hours.
The parental leave framework is proposed to be streamlined and made more inclusive, creating a unified parental leave right for parents of newborn children, adopted children and children born through surrogacy arrangements in accordance with the Constitutional Court judgment in Van Wyk and Others v Minister of Employment and...
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