South Africa Labour Law: CCMA, UIF and Workplace Rights (2026)

South African labour law sets the rules for every job: how much a worker must be paid, how a dismissal can be challenged, and what happens to income between jobs. This section explains the CCMA and Labour Court system, the Unemployment Insurance Fund, and the core Acts behind them.
Information last verified on 23 July 2026. This page provides general legal information about South African law and does not constitute legal advice in an individual case.
What this area of law covers
South African labour law works at two levels. The Labour Relations Act 66 of 1995 (the LRA) governs the employment relationship itself: dismissal, unfair labour practice, retrenchment, collective bargaining and the CCMA and Labour Court system. The Basic Conditions of Employment Act 75 of 1997 (the BCEA) sets the floor of minimum terms every employer must meet, including notice periods, leave and how remuneration is calculated for those purposes. Alongside both sits the Unemployment Insurance Act 63 of 2001 (the UIA), which funds the UIF, a separate safety net that pays out when a worker is between jobs, ill, on maternity or adoption leave, or has lost a breadwinner.
The dispute ladder: CCMA, Labour Court and Labour Appeal Court
A dismissal or unfair labour practice dispute is referred to the CCMA (or a bargaining council with jurisdiction) before it can go anywhere else. The LRA sets firm deadlines: 30 days from the dismissal for a dismissal dispute, and 90 days from the act complained of for an unfair labour practice, though the CCMA may permit a late referral if the employee shows good cause (LRA s191(1)(b) and (2)). The full referral process is covered on the CCMA referral page.
An arbitration award can be taken on review to the Labour Court, and from there to the Labour Appeal Court. Compensation for an unfair dismissal is capped at 12 months' remuneration in the ordinary case and 24 months' remuneration where the dismissal is automatically unfair (LRA s194), covered in full on the unfair dismissal page.
The key Acts at a glance
- Labour Relations Act 66 of 1995: dismissal, unfair labour practice, retrenchment consultation, the CCMA and the Labour Court.
- Basic Conditions of Employment Act 75 of 1997: notice periods, severance pay calculation, leave and other minimum conditions of employment.
- Unemployment Insurance Act 63 of 2001, alongside the Unemployment Insurance Contributions Act 4 of 2002: the UIF, its five benefit types and the contribution rate that funds them.
- National Minimum Wage Act 9 of 2018: the wage floor, currently R30.23 per ordinary hour from 1 March 2026.
Ending a job, and the safety net in between
Notice periods scale with length of service under BCEA s37, and severance pay for an operational-requirements dismissal is calculated separately under BCEA s41. These two entitlements, plus any accrued leave, are paid on top of each other, not instead of each other, and are worked through on the notice periods and retrenchment pages, with the severance calculator and notice period checker applying the formulas to a specific length of service.
Between jobs, the UIF is a separate system from the LRA and BCEA. It pays five benefit types funded by a 2% contribution split evenly between worker and employer, and the amount and length of a payout depend on how many benefit days a worker has built up, covered on the UIF explainer, UIF claim process and UIF maternity benefits pages.
What is in this section
- How to Refer a Dispute to the CCMA: the referral form, time limits and what happens at conciliation and arbitration.
- Unfair Dismissal in South Africa: the grounds, the automatically unfair list and the compensation caps.
- Retrenchment and Severance Pay: the consultation process and the severance formula.
- Notice Periods in South Africa: the BCEA s37 notice scale.
- UIF in South Africa: the five benefit types and how contributions and payouts work.
- How to Claim UIF: channels, documents and the claim window.
- UIF Maternity Benefits: the flat rate, duration and eligibility gate.
For the wider South Africa hub, including traffic, criminal records and privacy law, see South Africa Laws.
This page is general legal information about South African law and is not legal advice. For advice on a specific situation, consult an attorney, or contact Legal Aid South Africa on 0800 110 110 if you cannot afford one.
Frequently Asked Questions
What legislation governs employment in South Africa?
Three Acts do most of the work: the Labour Relations Act 66 of 1995 governs dismissal, unfair labour practice and the CCMA and Labour Court system, the Basic Conditions of Employment Act 75 of 1997 sets minimum terms such as notice and leave, and the Unemployment Insurance Act 63 of 2001 funds the UIF.
What is the National Minimum Wage in South Africa in 2026?
The national minimum wage is R30.23 for each ordinary hour worked from 1 March 2026, set under section 6(5) of the National Minimum Wage Act 9 of 2018 in Government Gazette No. 54075.
Are domestic and farm workers covered by the same minimum wage rules?
Yes. Since the 1 March 2026 increase, farm workers and domestic workers are entitled to the same R30.23 per hour rate as other workers. Workers on the expanded public works programme have a separate rate of R16.62 per hour.
Does South Africa have an unemployment insurance scheme for workers?
Yes, the Unemployment Insurance Fund, established under the Unemployment Insurance Act 63 of 2001. It pays five benefit types (unemployment, illness, maternity, adoption and dependants) and is funded by a 2% contribution split evenly between worker and employer.
What does the Basic Conditions of Employment Act cover?
The BCEA sets the floor of minimum employment terms, including notice periods (section 37), how remuneration is calculated for leave, notice and severance pay purposes (section 35), and severance pay for operational-requirements dismissals (section 41).
Sources and References
- Labour Relations Act 66 of 1995, ss 191 and 194 (CCMA referral time limits and compensation caps)(gov.za).gov
- Basic Conditions of Employment Act 75 of 1997, ss 35, 37 and 41 (remuneration calculation, notice and severance pay; as originally enacted, since amended by Act 11 of 2002)(gov.za).gov
- National Minimum Wage Act 9 of 2018, Government Gazette No. 54075 (3 February 2026), effective 1 March 2026(gov.za).gov
- Unemployment Insurance Act 63 of 2001, as gazetted(gov.za).gov
- Department of Employment and Labour, CCMA overview page(labour.gov.za).gov
- Department of Employment and Labour, Basic Guide to the Unemployment Insurance Fund (UIF)(labour.gov.za).gov