At Consolidated Employers Organisation (CEO), we understand that the year-end period can be one of the most challenging times for employers. With the festive season just around the corner and the allure of some much-needed downtime beckoning, most employers will be focused on closing projects and planning for the year ahead. While we all look forward to a well-deserved holiday, compliance obligations for employers unfortunately do not take a holiday. That is where CEO stands as your trusted partner – providing guidance, representation, and practical solutions to help you navigate labour law requirements with confidence. In this vein, we will explore key compliance aspects to ensure your 2026 gets off to the best possible start.
A good place to start is with policies and contracts:
Think of this time of year as an opportunity for review and as your business’s annual health check. For instance, have you incorporated any legislative changes from 2025? (Think along the lines of the recent Constitutional Court judgment on parental leave). If you have introduced hybrid work or flexible hours, or maybe altered these arrangements during the year, do the current policies reflect and cater for these situations? When was the last time you thoroughly reviewed any fixed-term contracts? A quick check of expiry dates can go a long way toward ensuring no issues arise when one of these contracts falls through the cracks.
Leave entitlements:
Naturally, the festive season is when most leave will be taken. However, to ensure that operations keep running (in specific industries) and that disputes are avoided regarding leave entitlements, etc., employers should ensure that leave balances for all employees are correct and accurate prior to granting leave, and that these balances are well known to all employees. Where arrangements for skeleton staff have been made, these arrangements, as well as the reporting structure, if necessary, should be communicated clearly and early to avoid confusion or problems.
Dispute resolution:
In recent years, the Commission for Conciliation, Mediation and Arbitration (CCMA) has remained open for cases throughout the festive season. Employers, therefore, should be aware of the fact that it may then occur that a set-down notification is sent for a matter that may take place in December or very early January. These dates should be communicated to CEO as soon as possible so that the necessary arrangements can be made for representation.
Following on from above, if employers have unresolved grievances or pending CCMA matters, it would be wise not to let them linger. For instance, if a matter is maybe part-heard at the CCMA and a new date of early January 2026 has been received, make sure all relevant witnesses and evidence are available for that date. This will go a long way to avoiding any unnecessary adverse awards or outcomes.
As we look ahead to 2026, it is essential to emphasise that compliance is not just about closing gaps; it is about planning. Much like 2025, 2026 will be characterised by wage negotiations, legislative changes, and new workplace trends. Engage with CEO early to stay informed and prepared. Our team is here to guide you through every step of the process.
While the end-of-year buzz may be all-consuming at the moment, a few simple proactive steps now will save you time, money, and stress in the new year. Being proactive now and ensuring compliance going into 2026 is akin to clearing the runway so your business can take off smoothly in 2026. As always, CEO is here to help you every step of the way.
Tips:
- Update any policies or contracts before the year ends to reflect any legislative changes to avoid any uncertainties or disputes that may arise in 2026.
- A simple leave roster as well as reporting structure shared with your team well in advance can prevent last-minute holiday chaos and keep operations running smoothly.
Article By Daniel van der Merwe
National Collective Bargaining Coordinator at Consolidated Employers Organisation (CEO SA)