Region: Southern Africa Regional Economic Communities (REC): SADC

→ View IIAG Country Statistics

(To be linked)

• SADC

South Africa’s population exceeds 60 million. The country faces high unemployment, and a significant proportion of the working-age population remains either unemployed or engaged in informal economic activities. The informal economy includes street vendors, waste reclaimers, and other unregistered or unregulated forms of work, and constitutes a substantial share of total employment, particularly among women, youth, and migrants. :contentReference[oaicite:0]{index=0}

South Africa became a constitutional democracy in 1994 and operates a mixed legal system based on Roman-Dutch law and English common law. South Africa re-joined the International Labour Organization (ILO) on 26 May 1994 and has ratified all eight core conventions. The country has a Decent Work Country Programme, extended to 2025. :contentReference[oaicite:1]{index=1}

Workers’ rights are grounded in the Constitution of the Republic of South Africa, 1996.

• Section 23 provides that everyone has the right to fair labour practices and that every worker has the right to form and join a trade union and participate in its activities.
• Section 27 provides for access to social security and, where individuals cannot support themselves and their dependants, appropriate social assistance. :contentReference[oaicite:2]{index=2}

Key labour and social protection legislation includes:

• Labour Relations Act 66 of 1995
  • Applies to employees, including workers in disguised employment

• National Minimum Wage Act 9 of 2018
  • Applies to all workers and their employers, except members of security agencies

• Basic Conditions of Employment Act 75 of 1997 (BCEA)
  • Provides for sectoral determinations under Chapter Eight

• Skills Development Act 97 of 1998

• Unemployment Insurance Contributions Act (UICA)
  • Requires employer and employee contributions
  • Provides unemployment, illness, maternity, adoption, and dependent’s benefits
  • Includes specific protection for domestic workers employed by multiple employers :contentReference[oaicite:3]{index=3}

South Africa regulates aspects of the informal economy through:

• General labour legislation
• Sectoral determinations
• Occupational injury compensation
• Waste integration guidance
• Minimum wage protections

This creates a relatively broad statutory framework, although enforcement and coverage remain uneven across sectors. :contentReference[oaicite:4]{index=4}

• Sectoral Determination 7: Domestic Worker Sector
  • Issued under section 51(1) of the BCEA
  • Establishes conditions of employment and minimum wages, subject to the National Minimum Wage Act

• Basic Conditions of Employment Act (BCEA)
  • Extends labour standards to domestic workers

• Compensation for Occupational Injuries and Diseases Act (COIDA)
  • Provides occupational injury and disease compensation coverage

The domestic worker framework regulates wages, working time, leave, and termination, and extends BCEA protections to domestic workers, including some independent contractors and workers placed through employment services. :contentReference[oaicite:5]{index=5}

• Businesses Act 71 of 1991

This Act provides the principal framework relevant to street trading and informal business activity. :contentReference[oaicite:6]{index=6}

• Waste Picker Integration Guideline (2020)

This guideline supports the integration of waste reclaimers into the waste management system. :contentReference[oaicite:7]{index=7}

• Basic Conditions of Employment Act (BCEA)

General employment protections under the BCEA are relevant to home-based work arrangements. :contentReference[oaicite:8]{index=8}

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• Sectoral Determination 13: Farm Worker Sector
  • Issued under section 51(1) of the BCEA
  • Establishes conditions of employment and minimum wages, subject to the National Minimum Wage Act :contentReference[oaicite:9]{index=9}

• Department of Mineral Resources and Energy reference :contentReference[oaicite:10]{index=10}

• Sectoral Determination 11: Taxi Sector
  • Issued under section 51(1) of the BCEA
  • Establishes conditions of employment and minimum wages for the taxi sector, subject to the National Minimum Wage Act :contentReference[oaicite:11]{index=11}

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• IIAG – South Africa: https://iiag.online/locations/za.html
• Constitution of the Republic of South Africa, 1996
• Labour Relations Act 66 of 1995
• National Minimum Wage Act 9 of 2018
• Basic Conditions of Employment Act 75 of 1997
• Skills Development Act 97 of 1998
• Unemployment Insurance Contributions Act
• Businesses Act 71 of 1991
• Waste Picker Integration Guideline (2020)
• Department of Mineral Resources and Energy reference