South Africa could see sweeping changes to working hours and parental leave after Employment and Labour Minister Nomakhosazana Meth released a package of draft legislation for public comment.

The proposals include the Labour Laws Amendment Bill, 2025, and amendments to existing labour statutes. Together, they seek to revise key provisions in the Basic Conditions of Employment Act (BCEA), the Employment Equity Act (EEA), and the National Minimum Wage Act (NMWA). Members of the public have until 28 March 2026 to submit comments.

According to the Department of Employment and Labour, the reforms are designed to update labour protections, strengthen enforcement, and extend safeguards to workers who have historically fallen outside traditional employment protections.

Tighter rules for on-call and zero-hours work

One of the most notable proposals is the introduction of a new Section 9B to the BCEA, aimed at regulating “on-call”, zero-hours, and so-called min-max contracts.

These arrangements are common in industries such as retail, hospitality and private security, where employees often face unpredictable schedules, uncertain income, and last-minute shift cancellations.

Under the draft changes, employers would be required to clearly set out in writing:

• Guaranteed minimum hours
• Maximum working hours
• Periods during which employees must be available
• Reasonable notice requirements for assigning or cancelling shifts

If an employer withdraws scheduled work without providing proper notice, the worker would still be entitled to payment for those hours.

The legislation also states that notice periods must reflect the nature of the business, how much control the employer has over scheduling, and the practical impact on the employee’s personal life.

In addition, workers could not be prevented from taking up other employment unless the restriction is justified by legitimate operational needs, such as safeguarding confidential information.

The department says these measures are intended to reduce abuse, improve income stability, and ensure that non-permanent workers receive treatment comparable to full-time staff.

Higher severance pay and simpler dispute processes

The draft Bills also propose increasing statutory severance pay from one week’s remuneration per completed year of service to two weeks, particularly in cases of retrenchment due to operational requirements.

Employees who wish to dispute only the amount of severance pay — rather than the fairness of the dismissal itself — would be able to refer the matter directly to the Commission for Conciliation, Mediation and Arbitration (CCMA) or a bargaining council. This change is aimed at simplifying and speeding up dispute resolution.

Overhaul of parental leave framework

Significant revisions are also proposed for parental leave.

The amendments would replace the existing, fragmented system of maternity and parental leave with a consolidated shared parental leave model. This follows a landmark ruling by the Constitutional Court of South Africa last year, which confirmed that parents may divide parental leave between them.

Under the proposed framework:

• A single or sole employed parent would qualify for four months of parental leave.
• Where both parents are employed, they would share a total of four months and ten days.

The allocation could be agreed between the parents, or divided equally if no agreement is reached, with priority given to the birthing mother.

The reforms would also broaden eligibility. Adoption leave would extend to children up to six years old — up from the previous limit of two years. Commissioning parents in surrogate arrangements would also be explicitly included.

The department says the changes aim to promote gender equality, acknowledge diverse family structures, and provide greater flexibility for working parents.

Public participation underway

The proposed legislation remains in draft form, and the consultation process is now open. If enacted, the reforms would mark one of the most significant updates to South Africa’s labour framework in recent years, particularly for workers in precarious employment and families navigating parental leave.

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