South Africa
Global mobility - Employment Services Amendment Bill 2026
Impact date: The Bill was tabled on 29 May 2026. On 5 August 2026 the Department of Employment and Labour provided a briefing on the Bill to the Parliamentary Portfolio Committee on Employment and Labour. The Bill’s provisions are still under consideration and are not yet in force.
On 29 May 2026, the Employment Services Amendment Bill (“the Bill”) was tabled in the National Assembly (Government Gazette No. 54759).
The Bill proposes amending the Employment Services Act, 2014 (Act No. 4 of 2014) (“the Act”) to, among other things:
- extend the scope of the Act to cover foreign nationals, private employment agencies not operating for gain, and workers
- provide for the powers of the Minister to make regulations in respect of matters related to labour migration
- expand the functions of the Employment Services Board
- provide for the establishment and governance of Supported Employment Enterprises and
- provide for further offences and the improved enforcement of the Act and immigration laws regulating work by foreign nationals
By way of example, if Chapter 3A of the Bill is inserted into the Act, it will increase penalties for non-compliance with specific provisions of the Act. These penalties include, for example, the imposition of a fine of up to R100,000 for a first offence, up to R200,000 for a second offence (if committed within three years of the first offence), and the greater of R1,000,000 or 10% of the employer’s turnover for a third or subsequent offence.
At this stage, the Bill remains a proposal that is under consideration. It is not yet in force.
Employer implications/action needed Employers are encouraged to monitor the progress of the Bill through Parliament, as well as any sector-specific notices published for public comment
Employer risk No risk in terms of the Bill, yet. However, if the Bill is enacted, non-compliance with certain provisions could result in penalties.
CCMA accreditation of bargaining councils
Impact date: Published on 12 June 2026. The duration of each accreditation varies, however, all accreditation periods fall between 1 May 2026 and 30 June 2029.
On 12 June 2026, the Government Gazette published a list of bargaining councils that have been accredited by the Commission for Conciliation, Mediation and Arbitration (CCMA) to conduct conciliation, arbitration and/ or inquiry by arbitrator for the period 1 May 2026 to 30 June 2029 (“the Notice”).
The Notice sets out, among other things, the terms of accreditation, including the scope of accreditation, the powers granted to accredited bargaining councils, the process for amending or extending accreditations, and the consequences of failing to comply with accreditation requirements. The Notice also records a change of name from the Bargaining Council for the Grain Industry to the Bargaining Council for the Agri Industry.
Employer implications/action needed It is important for employers to familiarize themselves with the bargaining council applicable to their industry and understand the scope and nature of that council’s accreditation. Certain categories of disputes must be referred to the appropriate bargaining council rather than the CCMA where the bargaining council has jurisdiction and is accredited to perform the relevant dispute-resolution functions. Employers should therefore verify which bargaining council governs their sector, ensure that they understand its scope and powers, and familiarize themselves with the applicable collective agreements and dispute-resolution procedures.
Employer risk Employers who are unaware of the existence, scope, or accreditation of the applicable bargaining council risk referring, responding to or defending disputes in the wrong forum. This may result in the matter being referred elsewhere, postponed or dismissed, causing avoidable delays, increased legal expenses and procedural complications.
Employment equity plans
Impact date: The draft Code was published on 24 July 2026. The public comment period runs until approximately 22 September 2026.
An employment equity plan is a designated employer’s implementation programme intended to achieve equitable representation and fair treatment of designated groups in the workplace across all occupational levels. It is intended to address the barriers to fair employment policies, practices and procedures identified during the employment equity analysis process, and to implement remedial measures in the workplace within set time frames.
The Minister of Employment and Labour has invited public comment on the Draft Reviewed Code of Good Practice on the Preparation and Implementation of the Employment Equity Plan (“the draft Code”). The draft Code is intended to provide guidelines on good practice for the preparation, implementation and monitoring of an employment equity plan and guides employers and employees on how to apply this appropriately to their own workplace circumstances.
Employer implications/action needed No immediate compliance action in terms of the Code is required while the draft Code remains under consultation. Designated employers (or their representative bodies) may submit written comments on the draft Code as part of the consultation.
Employer risk Once finalized, the Code is intended to set out expected practice for the preparation, implementation and monitoring of employment equity plans. Employers are therefore advised to monitor its progress towards finalization.
Pay transparency - Fair Pay Bill (Employment Equity Amendment Bill)
Impact date: Awaited. No timetable for formal introduction or commencement has yet been announced
On 30 April 2026, the Fair Pay Bill - a Private Members’ Bill introduced by Build One South Africa (BOSA), in partnership with PayMeFairly - was gazetted for public comment. The Bill seeks to amend the Employment Equity Act 55 of 1998 (“EEA”) to address pay transparency and the perpetuation of historical wage inequality. The Bill was first tabled in Parliament in June 2025 and refined through parliamentary legal advisors before being published for comment. Public comment closed on 30 May 2026.
The Bill introduces three core reforms:
- a prohibition on salary history enquiries - employers will be prohibited from enquiring about or relying on a candidate’s past or current remuneration during recruitment, selection and appointment. The only exception is where, after an offer has been made, the candidate makes a written request for prior remuneration to be disclosed
- pay range disclosure - all job advertisements, transfer or promotion listings must specify the salary or salary band upfront. References to “market-related” remuneration will no longer be permissible and
- a right to discuss remuneration - employees will be entitled to share and compare remuneration details with other employees, and confidentiality clauses preventing such discussions will be unenforceable
Employer implications/action needed Employers should review recruitment processes and application forms to identify any reliance on salary history enquiries. Job advertisements and internal vacancy notices should be assessed for compliance with the proposed pay range disclosure requirements. Employers should also review confidentiality clauses in employment contracts and policies that prohibit employees from discussing remuneration, as such clauses may become unenforceable if the Bill is enacted.
Employer risk If enacted, employers who continue to rely on salary history in recruitment or who fail to disclose pay ranges in job advertisements will face non-compliance with the amended EEA. Employers with confidentiality clauses restricting remuneration discussions risk having those clauses rendered unenforceable, with potential exposure to unfair discrimination claims under the EEA.
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