“Biggest Problem Is Unpaid Overtime”: SA Reacts to Lawyer’s Breakdown of Mzansi’s New Labour Laws

• South Africa’s proposed labour laws could require employers to pay workers for shifts that are cancelled without the proper notice period being given
• The new Bills propose doubling statutory severance pay from one week to two weeks for every completed year of service for retrenched workers
• Two employed parents could share over four months of parental leave under proposed changes that also cover surrogacy and older adopted children

South Africa’s working class may be about to get the biggest shake-up in labour protections in years, and employers may not love it.

The Minister of Employment and Labour, Nomakhosazana Meth, published new Bills for public comment on 26 February 2026. The proposed changes target the Basic Conditions of Employment Act, the Employment Equity Act, and the National Minimum Wage Act. Mzansi workers have until 28 March 2026 to have their say.

The shift cancellation rule

For millions of South Africans working in retail, security, hospitality, and similar sectors, unpredictable hours are just a fact of life. Many contract terms often leave workers at the mercy of employers. Under the proposed changes, if an employer cancels a shift without giving proper notice, they must still pay the worker for those hours.

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Double the severance pay and an easier path to the CCMA

The proposed legislation also propose doubling the one week’s pay per completed year of service when an employee is retrenched to two weeks. Under the changes, disputes about severance pay alone could be referred directly to the CCMA or a bargaining council.

The proposal also notes that two employed parents would be entitled to share four months and ten days of leave between them. A single or sole employed parent would get four months on their own.

A legal expert reaction

Labour law specialist Aslam Moolla, of Legal Leaders South Africa, weighed in on the proposed changes in a Facebook video posted on 4 March 2026. Moolla said the proposals are designed to make sure that people are not exploited and that workers have greater control over their income.

BusinessTech reported that the department described the amendments as a move to “reduce exploitation, provide greater income and scheduling predictability, and ensure fair treatment.”

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Watch the clip below:

Mzansi reacts to the law changes

Briefly News compiled a series of comments from South Africans in various sectors below.

Leya Tischhauser Liki Lee commented:

“My contract says 'over time from time to time.’ But it’s more like ‘go home at 10/11pm and come back at 6am’.“

Johnny Niemand wrote:

“I don't think the minister realises that making realistic labour laws that will make it easier for employers to employ more labour is more beneficial for the people (employees).”

Tom Tom asked:

“Why doesn't the labour law apply to truck drivers in South Africa? We work 18 to 20 hours a day, 7 days a week. Companies only say that if we don't like it, we can leave.”

Themba Zulu said:

“Statutory severance should be 3 months for each year of service completed, to discourage retrenchments.”

Stephan Strydom commented:

“The biggest problem is unpaid overtime. Basic standard in any South African company.”

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More articles involving labour

• The Labour Appeal Court has dismissed former acting police commissioner Khomotso Phahlane’s bid to overturn his 2020 dismissal from the SAPS.
• A US man filmed two Afrikaner men working on a farm, shovels in hand, and digging the ground.
• South African domestic workers are scheduled for a minimum wage increase in 2026, pushing the legal hourly rate above R30.

Proofreading by Kelly Lippke, copy editor at Briefly.co.za.

Source: Briefly News