Call for Comments on the Draft Amendments to the Employment and Labour Regulations, 2005

The Department of Employment and Labour has published the Draft Labour Law Amendment Bill, 2025 on the 28 February 2026, the Draft Bill proposes several amendments to existing labour legislation, it aims to strengthen protections for employees, enhance the effectiveness of dispute‑resolution mechanisms, and align various employment related provisions with the Constitution. The key proposed…

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DISCREPANCY BETWEEN THE CONSTITUTION AND THE BASIC CONDITIONS OF EMPLOYMENT ACT – PARENTAL LEAVE

In the matter of VAN WYK AND OTHERS V MINISTER OF EMPLOYMENT AND LABOUR (2022-017842) [2023] ZAGPJHC 1213 (25 OCTOBER 2023), the Johannesburg High Court (HC) addressed allegations of unconstitutionality in sections of the Basic Conditions of Employment Act 75 of 1997 (BCEA) concerning maternity, adoption, commissioning surrogacy, and parental leave. The primary issue was…

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