When employees and employers are unsure about their rights and obligations, they don’t turn to a lawyer or an HR manual; they turn to Google.
Search trends from 2025 show a consistent theme: confusion. Confusion about leave, pay, dismissals, probation, retrenchments, and fairness. These aren’t abstract legal questions. They are real issues affecting livelihoods, businesses, and workplace relationships every single day.
So, as we begin 2026, let’s answer the most searched labour and employment law questions in South Africa – clearly, practically, and without legal jargon.
- What Are the Shared Parental Leave Requirements?
Following the 2025 Constitutional Court’s precedent-setting Van Wyk ruling, parental leave is no longer a gendered concept.
Parents may now share four months plus ten days of parental leave between them, regardless of gender, provided parental rights and responsibilities have been assumed. Where only one parent is employed, that parent is entitled to the full leave.
This is already binding law, even though Parliament has up to 36 months to amend the legislation. Employers should have already updated their policies, and failing to do so creates immediate legal risk.
- Can an Employer Cut My Salary or Withhold My Pay?
In short: no, not unilaterally.
An employer may not reduce an employee’s salary or withhold pay without:
- The employee’s consent, or
- A lawful basis (such as a court order or statutory deduction).
Even in cases of resignation, disciplinary action, or financial distress, wages remain protected under the BCEA. Salary disputes are among the fastest ways to end up at the CCMA, and among the easiest to avoid with proper advice.
- How Much Must I Be Paid for Overtime or Public Holidays?
Generally:
- Overtime must be paid at 1.5 times the normal rate.
- Public holidays worked must be paid at double pay, unless an agreement provides otherwise.
There are exceptions for senior managerial employees and specific roles, but assumptions here are dangerous. Employers often misclassify employees and unintentionally underpay them.
- When Must I Be Paid After My Last Day of Work?
Final remuneration must be paid:
- No later than the next regular payday, or
- Within seven days of termination, whichever comes first.
This includes outstanding salary, accrued leave, and any other contractual entitlements. Delays here almost always escalate into Section 73A disputes.
- How Much Annual Leave and Sick Leave Am I Entitled To?
Under the BCEA:
- Annual leave: At least 21 consecutive days per year.
- Sick leave: Over a 36-month cycle, an employee is entitled to paid sick leave equal to the number of days normally worked in six weeks.
Importantly, sick leave cannot be treated as annual leave, and vice versa.
- Am I Paid During Maternity Leave?
Maternity leave itself is unpaid by the employer unless the contract or policy provides otherwise.
However, employees may claim UIF maternity benefits, subject to eligibility and contribution requirements. Employers should assist employees with UIF processes rather than treating this as “not our problem.”
- How Many Hours Can an Employer Require Me to Work?
The BCEA sets clear limits:
- 45 hours per week for most employees.
- Overtime is capped and must be agreed to in writing.
Chronic overworking without compensation is not a badge of commitment; it’s a compliance risk.
- What If I Don’t Have a Written Employment Contract?
A written contract is strongly recommended, but its absence does not diminish an employee’s rights.
The law looks at:
- Conduct
- Payslips
- Policies
- Emails
- The reality of the working relationship.
Verbal agreements still carry legal weight.
- What Is an Unfair Dismissal or Constructive Dismissal?
An unfair dismissal occurs when there is:
- No fair reason, or
- No fair procedure.
A constructive dismissal arises when an employer makes continued employment intolerable, effectively “forcing” the employee to resign.
Both are among the most litigated issues at the CCMA, and among the most preventable.
- What Can I Do If I’m Being Unfairly Discriminated Against or Harassed?
The Employment Equity Act applies broadly and protects employees from discrimination and harassment on listed and unlisted grounds.
This applies:
- During recruitment.
- During employment.
- And even at termination.
Employers must act once aware; silence or delay often equals vicarious liability.
Bonus: The New Code of Good Practice — Why Does It Matter?
The updated Code of Good Practice on Dismissal has reinforced an important principle: fairness is contextual.
Probation dismissals, performance management, misconduct, and retrenchments all require:
- Clear communication.
- Meaningful engagement.
- Proportional discipline.
Rigid, tick-box approaches no longer hold up; substance now matters more than form.
Best Practices for Employers Going Into 2026
Across all these questions, the message is consistent:
- Document everything.
- Communicate early.
- Train managers and staff correctly.
- Don’t leave fairness to chance.
- Act timeously and inform your employer’s organisation as soon as you receive notice of a dispute.
Most disputes don’t arise because employers act maliciously; they occur because they act uninformed.
The Takeaway
Google searches tell a story. And the story from 2025 is clear: South Africans want clarity, fairness, and certainty at work. Labour law isn’t about catching people out; it’s about setting expectations so that businesses can run smoothly and people can work with dignity. If 2026 is the year we stop reacting to disputes and start preventing them, then answering the right questions is the best place to begin.
Article by Carl Ranger
Head of Training at Consolidated Employers Organisation (CEO SA)