OpinionPREMIUM

SANISHA PACKIRISAMY: Spring-cleaning South Africa’s labour rules

There are hopes for a season of renewal if important conditions can be met

Picture: 123RF/PHONLAWAT CHAICHEEVINLIKIT
Picture: 123RF/PHONLAWAT CHAICHEEVINLIKIT

After a long winter of economic stagnation, green shoots are stirring in South Africa’s labour market. Reforms to hiring and firing could set the stage for growth, but they remain contested, balanced between flexibility for firms and worker protection. If implemented with care, they could ease entrenched inflexibilities, lift productivity and unlock jobs.

At the root of South Africa’s deeply rigid and unequal labour market lie structural barriers that choke off job creation. Spatial disparities strand workers in underresourced townships, while prescriptive regulations weigh heavily on small firms, contributing to an official unemployment rate affecting one in three adults and two in three young people.

In its January 2025 country report, the International Monetary Fund (IMF) benchmarks South Africa against 108 emerging markets, highlighting structural barriers that stifle job creation. Key impediments include rigid labour laws, spatial exclusion and persistent skills mismatches. The IMF estimates that halving these relative inefficiencies could lift employment by 1.5% over four years.

The IMF study underscores the need to tackle demand-side bottlenecks. South Africa’s labour laws and wage-bargaining systems have long hampered job creation. The minimum-to-median wage ratio sits at 90%, nearly twice that of peers, while only 5% of firms hold loans compared with 37% in top-performing peers, constraining expansion.

Employment protection legislation, while safeguarding workers, is slow and cumbersome, particularly for start-ups and small businesses, the usual engines of employment.

Many local jobs involve standardised, repetitive tasks, leaving them exposed to automation. Declining manufacturing and mining output adds strain, with limited service-sector growth to absorb displaced workers.

Supply-side constraints are equally stark. Spatial exclusion and high commuting costs deter labour participation. South African cities remain fragmented, with long distances between homes and workplaces. Commuting can consume 57% of net wages, far higher than in comparable economies, undermining incentives to work, particularly for low-income employees.

Opportunity is further suppressed by mismatches in skills. Average schooling (10.5 years) matches that of peers (9.3 years), yet underqualification is nearly double that of Mexico and Brazil, limiting youth employment.

Regulatory and governance weaknesses compound these challenges. Excessive barriers to hiring and firing stifle growth in entrepreneurship, while corruption and bureaucratic inefficiency erode trust in employment practices.

Firms often favour capital-intensive substitutes or informal arrangements, avoiding the costs of formal hiring. The IMF estimates that halving these structural gaps in business regulation could boost average yearly economic growth in the medium term by 1.8 percentage points.

A season of renewal is under way. The Employment Equity Amendment Act, which came into effect in January 2025, simplifies affirmative action by freeing smaller enterprises from complex reporting. Sectoral targets for designated groups remain, but firms can justify noncompliance, balancing equity and practicality.

Complementing these measures are immigration reforms. A points-based system for work and critical skills visas, along with remote-working permits, eases labour constraints and attracts skilled talent and digital nomads. International firms, drawn by South Africa’s proficiency in English, time-zone alignment and cost advantages, are scouting for remote roles in tech and finance, helping reverse the brain drain and channelling foreign investment.

A report by the National Economic Development & Labour Council (Nedlac), following negotiations since 2022, proposes bolder labour law amendments. Under the Labour Relations Act, remedies for high earners (more than R1.8m annually) would be capped in non-discriminatory dismissals, reducing litigation risk.

Probation extends to three months without unfair dismissal protections, except in cases of discrimination, encouraging firms to take chances on new talent. Retrenchment decisions shift closer to dispute-resolution procedures, with employees able to challenge fairness after the fact, avoiding rushed court battles. Small businesses that have fewer than 50 employees and are less than two years old gain exemptions from bargaining council agreements, providing regulatory relief.

More than 2-million gig economy workers would gain unfair dismissal protections, tribunal access and basic conditions such as minimum wage and leave. On-call safeguards mandate clear shift notices, while new dismissal guidelines encourage dialogue instead of adversarial hearings, with relaxed rules for small businesses and severance pay doubled to two weeks for every year of service.

Yet the reforms face resistance from non-unionised workers — 76% of the workforce  and civil society, with warnings that the exemptions on probation and small firms risk casualisation and downsizing.

This tension, akin to spring storms, disrupts yet drives growth, but three guardrails are needed. First, transparency: Nedlac must remain substantive, drafts fully available, and civil society input taken seriously, with key bills passing legal, cabinet and parliamentary scrutiny. Second, protections: dismissals must be fair, discrimination prohibited, probation limited and enforcement credible. Third, support: regulatory change should be paired with skills training, connectivity and active labour market policies for vulnerable groups.

In this season of renewal, the aim is to modernise worker protections, reducing insecurity and legal ambiguity. By clearing the regulatory underbrush, easing hiring, clarifying dismissals and remodelling visas, while preserving the strong trunk of workers’ rights, South Africa can sow the seeds for sustainable employment and broader growth.

Packirisamy is chief economist at Momentum Investments

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