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2019 New Human Resources Legislation for South African Business

2019 New Human Resources Legislation for South African Business


2019 started with four new pieces of legislation in the Human Resource Space as well as new regulations for UIF and new rules for the CCMA.  Over the next few weeks Connold & Associates will be sending out information with regard to the new legislation in a series of blogs.  The intention is to inform you of the changes, particularly where changes need to be made to policies and procedures.

The legislation promulgated on 1 January 2019 is:

  1. The National Minimum Wages Act
  2. The Labour Law Amendment Act
  3. The Labour Relations Amendment Act
  4. The Basic Conditions of Employment Amendment Act

We will begin with:

The labour law amendment act



The Labour Law Amendment Act was introduced by a private member of parliament (Mrs C Dudley) and introduces new leave classifications in the Basic Conditions of Employment Act which are:

Adoption LEave

This is available for any employee who has adopted a child under the age of two years in an adoption process which complies with the Children’s Act of 2005.  The leave granted is ten weeks dated either from the day the adoption order becomes final or the day the child is handed over to the care of the employee by a competent court, pending the finalisation of the adoption. 

The employee must notify the employer one month prior to the adoption (or as soon as is reasonably practicable) of the date on which the employee will embark on leave and the date that they will return from leave.

Commissioning Leave

This is available for any employee who is a commissioning parent in a surrogate motherhood agreement in terms of the Children’s At of 2005. The leave granted is also ten weeks dated from the day the child is born. 

The employee must notify the employer one month prior to the anticipated birth of the child (or as soon as is reasonably practicable) of the date on which the employee will embark on leave and the date that they will return from leave.

Parental Leave

This leave replaces family responsibility leave for the reason of the birth of a child (paternity leave) which has been deleted from the Basic Conditions of Employment Act.

10 days parental leave is granted to:

  • The father of a child
  • One of the adoptive parents of a child (the other parent will apply for adoption leave)
  • One of the parents in a surrogate motherhood agreement (the other parent will apply for commissioning leave).

In implementing this leave into the workplace, we need to consider the following:

  1. As with maternity leave, all this leave, including parental leave, is not paid by the company, but claims for payment can be made through the Unemployment Insurance Fund.
  2. If you have a policy that pays towards maternity leave, we need to consider how to fairly accommodate adoption and commissioning leave in a similar way
  3. Essentially, male employees are losing a three day fully paid paternity leave for an unpaid ten-day parental leave.  What is the fair way of accommodating our fathers going forward?

It is important to note that this leave is now in place and that employers need to include it in letters of appointment and in leave policies with effect from the promulgation date. We also need to update the posters on the wall.

Please contact our associates if you have more questions.

2019 Training Schedule Available

Our 2019 training schedule for our SABPP accredited courses is now available. All our courses can be viewed here (Training Schedule 2019) or in the table below. All courses may all also be structured as in-house company-specific programmes.

You can also find more information on each of our training courses in the link below or by contacting Tessa Lourens using the contact form below or by calling us at our office on 011 452 1707.

Training Programs

For bookings, please use the bookings forms on the specific event in our calendar

Our next training course is Leadership Development on 21 February 2018

Leadership Development Programme

Leadership Development Programme

Connold & Associates are hosting a Leadership Development Programme in Cape Town This Month (March 2018 dates to be confirmed).

There are many examples of employees in supervisory and management positions who are uncertain of how to lead their teams to greater performance. This programme integrates through theory and experiential learning, the essential components of leadership in business today.

The Programme enables Managers to integrate their knowledge and practice in Leadership Development. The content is spread over a 10-month period. Participants are expected to attend a 1-day programme per month. The programme covers 5 important principles of leadership: Understanding Business, Introduction to Management, Performance Management, Leadership and Industrial Relations.

For More information please visit our course page here.

Please see the accreditation for our course here.

September 2002

2002 seems to have disappeared in a flash and we are now at the beginning of 2003. Over the past two years we have noticed that the Christmas season definitely starts later and that it takes time for business to begin again in January, but by this week South Africa should be back in the saddle and ready for the new year.

All the indications are that this is going to be a difficult year internationally, but a good one for South Africa and we wish all our clients a successful and prosperous New Year.



In our opinion the focus for this year will be on training and development and we are going to be exploring the opportunities to make full use of the SETA learnership programmes for the training of new entrants into the job market. Attention will be given to mentorship programmes to ensure that learners who are employed are able to meet the criteria of the learnership programme they are registered for through the careful mentoring of their progress. Attractive incentives have been given by the Receiver of Revenue for each learner employed.



There is increasing pressure on all Companies to ensure that they comply with the act and that sufficient attention is being given to affirmative action. The role of the Employment Equity Committee or Forum is becoming more important, particularly in view of the SETA requirements that a training committee be formed. The Code of Good Practice recommends monthly meetings of these committees, however, we believe that quarterly meetings are sufficient. During the months of January and February the Employment Equity / Training Committee should be reviewing the progress of the Company’s training against the training plan submitted to the SETA and ensuring that at least 65% of the training planned has in fact taken place. This is the measure the SETA has put in place before the second training grant will be awarded.



It is a legal requirement that employers display the following acts in their workplaces:

  • Basic Conditions of Employment Act
  • Labour Relations Act
  • Employment Equity Act

Should you require laminated copies of these acts please contact Lynette to make arrangements for them to be ordered.

We recommend a review of all Policy and Procedure manuals to ensure that they accommodate the legal changes that have occurred during 2002.



We understand that there has been some uncertainty with regard to the application of the new unemployment act and that many applications for unemployment insurance are being refused because documentation is being required that the employee or the employer do not have readily available.

Unemployment Insurance will only be paid to employees who have been dismissed or retrenched. In order to apply they must have their last 6 pay slips. The pay slip must show the basis on which UIF has been deducted. Should an employee be given accommodation or food, the UIF amount must be increased to accommodate this.

It is illegal for an employer to contribute the employee’s portion of the UIF payment. The employee’s pay slip must show that he pays 1% of his salary towards UIF. UIF is based on the gross salary of an employee, excluding any commission payable. It cannot be based on the cost to company package.

Guidelines are being awaited with regard to the maximum that an employer can pay an employee who is on maternity leave. Up until now it has been determined at 33% of salary, however, because of the new sliding scale and the maximum amount payable being based on a salary of R8099-00 per month, for women earning in excess of R8099-00 it appears that employees may be able to contribute the difference between their normal nett salary and the amount that UIF pays. We are awaiting confirmation of this from UIF.



We normally review our rates in January of each year. Attached is a schedule of the fees applicable to the services we offer. Should you have any questions, please do not hesitate to contact us.



We would like to welcome Jenny de Villiers who has joined Connold & Associates as an associate. Jenny has had experience in the retail industry and has generalist experience. We are sure she will be a strong addition to our team.



Please note that we have changed our domain address and our new e-mail is In the next few weeks all our staff will have a Connold e-mail in a similar format.