South African workers on unpredictable schedules could soon get stronger legal protections under new draft legislation released by the Department of Employment and Labour.
Published for public comment until 28 March 2026, the Labour Laws Amendment Bill, 2025, proposes inserting Section 9B into the Basic Conditions of Employment Act. The clause is designed for “on-call”, zero-hours and min-max contracts that have left many in retail, security and hospitality without guaranteed income or warning.
The Bill would require employers with 10 or more such staff to set terms in writing. That includes minimum guaranteed hours, maximum hours, set availability windows, and clear notice periods for starting or cancelling shifts. If an employer cancels at short notice, the worker would still be paid.
The proposals also ban unfair restrictions that stop these employees from taking other jobs, except where the employer can show a valid business reason.
Alongside the working-hours changes, the Labour Relations Amendment Bill, 2025, seeks to double statutory severance pay for retrenchments from one week to two weeks per year of service. It also proposes recognising gig, film and television workers as employees and prohibiting employers from asking about salary history.
The government says the package balances worker protection with business flexibility and aims to close gaps in a labour market that has long relied on casual, precarious work.
