South Africa Employment Law at a Glance
What We Handle
Complete HR management for South African teams
Employment Contract Drafting
South African employment contracts must comply with the BCEA 1997 (minimum conditions) and LRA 1995 (procedural fairness). Fixed-term contracts face strict rules under the 2014 LRA amendments.
- Permanent and fixed-term contracts under BCEA and LRA
- Fixed-term: justifiable reason required if over 3 months (for previously disadvantaged)
- Probationary clause: period must be reasonable; fairness applies throughout
- Benefit structures: medical aid, provident fund, allowances
Leave Entitlement Management
BCEA 1997 sets minimum leave: 15 working days annual leave, 30 days sick leave (per 36-month cycle), 3 days family responsibility leave, and 4 months maternity leave.
- 15 working days (21 consecutive days) annual leave tracked
- 30 days sick leave per 36-month cycle (6 days at full pay for first 6 months)
- 3 days family responsibility leave per year
- 4 months maternity leave managed — UIF claim supported
Disciplinary Procedures & CCMA Advisory
The LRA 1995 requires substantive and procedural fairness for dismissal. Non-compliance results in CCMA referral with potential compensation of up to 12 months' remuneration (24 months for automatically unfair dismissal).
- Disciplinary procedure: notice, hearing, outcome, appeal
- Code of Good Practice: Dismissal applied to every case
- CCMA conciliation and arbitration preparation
- Automatically unfair dismissal risk assessment
Employment Equity Act Compliance
The Employment Equity Act 1998 requires designated employers (50+ employees or meeting the threshold) to submit annual Employment Equity Plans and reports to the Department of Employment and Labour.
- Employment Equity Plan drafting and annual EEA4 submission
- Workforce demographic analysis
- EE targets by occupational category
- Fines up to 10% of annual turnover for non-compliance avoided
Employee Onboarding
Full South Africa onboarding: SARS PAYE registration, UIF registration, Employment Equity classification, and BCEA-compliant documentation.
- SARS employer PAYE registration and employee income tax numbers
- UIF registration and EMP201 setup
- Employment Equity demographic classification
- BCEA section 29 particulars of employment issued within 60 days
Skills Development & SETA Compliance
The Skills Development Act 1998 requires designated employers to submit Workplace Skills Plans (WSP) and Annual Training Reports (ATR) to their SETA to qualify for SDL grant reclaims.
- SETA identification and registration
- Workplace Skills Plan (WSP) preparation and submission
- Annual Training Report (ATR) submission
- SDL mandatory grant (20%) and discretionary grant (50%) claim management
Why Two Max Group
Experienced, practical South African HR management
Full BCEA, LRA, and EEA Application
South Africa's three-layer employment law framework (BCEA for minimum conditions, LRA for collective relations and fairness, EEA for equity) must all be applied simultaneously. We manage all three — not just the minimum.
CCMA-Defensible Dismissal Procedures
Every dismissal in South Africa carries CCMA exposure. Our disciplinary procedures are designed to the Code of Good Practice standard — procedurally and substantively fair — from the first warning letter.
Employment Equity Act Reporting
EEA reports (EEA4) are required annually for designated employers. Non-compliance attracts fines up to 10% of annual turnover. We prepare and submit EEA reports for all qualifying employer clients.
SDL Grant Reclaim
South Africa's Skills Development Levy is 1% of payroll — but up to 70% can be reclaimed through SETA grants. We manage WSP and ATR submissions to maximise grant recovery.
Fixed-Term Contract Risk Management
The 2014 LRA amendments restrict fixed-term contracts — employees on fixed-term contracts over 3 months may acquire permanent status if they are not "reasonably justified." We draft contracts to comply with these restrictions.
Johannesburg, Cape Town, and Nationwide
We manage HR for clients across South Africa's major commercial centres — Johannesburg, Cape Town, Durban, Pretoria, Port Elizabeth — from a single HR service relationship.
Common Questions
South Africa HR Outsourcing FAQs
Let us handle HR in South Africa for you
Dedicated senior consultant. Compliant contracts, onboarding, and payroll from day one.