South Africa’s labour law framework could soon change in a way that directly affects how shifts are scheduled and cancelled, particularly for workers who are called in only when work becomes available. The Department of Employment and Labour has published draft legislation for public comment that aims to regulate on call, zero hours and similar “if and when” arrangements that often leave workers with unpredictable income and short notice scheduling.
The proposed changes form part of the Labour Law Amendment Bill, 2025, alongside a separate Labour Relations Amendment Bill, 2025. Together, the Bills are being framed by the Minister of Employment and Labour, Nomakhosazana Meth, as a modernisation package that responds to platform work, on call jobs, shifting family structures and enforcement gaps in the labour market.
For employers, the immediate message is that the draft proposals move South Africa closer to “predictable scheduling” rules seen in other jurisdictions, where written terms, notice periods and compensation for cancelled shifts become central compliance issues.
What has been published and what happens next
The Labour Law Amendment Bill, 2025 has been published for public comment through a Government Gazette notice. Public participation is the next step before any Bill can be finalised and introduced into Parliament.
At this stage, nothing has changed in law yet. The proposals are draft reforms. They can still be amended based on submissions from business, unions, civil society, sector bodies and legal practitioners, and on the outcome of the legislative process.
Minister Meth has described the consultation phase as part of a broader reset of South Africa’s labour market rules, saying the reforms are intended to update frameworks that are being outpaced by the modern world of work.
Why “work hours” are a focus of the draft reforms
South Africa’s Basic Conditions of Employment Act regulates core working time rules, including ordinary hours, overtime, rest periods and certain protections for lower earning workers. In many workplaces, however, the biggest day to day problem is not the legal maximum of hours, but the unpredictability of hours.
Workers in sectors such as retail, private security, cleaning, hospitality and some outsourced services may be required to keep themselves available, but receive no guaranteed hours. Shifts can be offered at short notice, cancelled close to start time, or reduced without certainty on weekly income. Transport planning, childcare arrangements and second jobs become harder to manage.
The Department’s reform narrative is that “availability without guarantee” creates a structural vulnerability that needs specific minimum safeguards, especially where bargaining power is weak.
The key proposal: new protections for on call and zero hour workers
The centrepiece of the proposed “work hours” change is a new section expected to be inserted into the Basic Conditions of Employment Act to deal with employees who are required to be available for work but are not guaranteed work.
In practice, the draft would require employers using these arrangements to put core scheduling terms in writing. The intention is to reduce disputes and prevent situations where the worker carries the full risk of unpredictable demand.
Based on published summaries of the draft Bill, the written particulars would include items such as:
- maximum hours per defined period
- when the employee must be available for work
- the notice period to report for duty
- the notice period for cancellation of a shift
The proposal also introduces a principle that notice periods must be “reasonable”, taking into account operational realities and the impact on the employee’s life.
A crucial feature is the cancellation rule. If an employer cancels work without giving the required notice, the employee would have to be paid for the cancelled hours. This is designed to discourage last minute cancellations that leave workers out of pocket after already arranging transport or turning down other income opportunities.
Another practical change relates to secondary employment. The draft approach limits the ability to block workers from taking other jobs unless there is a genuine operational reason, such as a conflict with business needs or protection of confidential information. This is aimed at workers who rely on multiple part time roles to earn a full income.
Who the new work hours rules are likely to cover
The draft reforms are generally framed around protection for lower earning and more vulnerable workers.
In South African labour law, several additional protections apply mainly to employees who earn below the Basic Conditions of Employment Act earnings threshold. The earnings threshold is determined by the Minister and is adjusted periodically. As of the most recent published determination, the threshold was set at R261 748.45 per year with effect from 1 April 2025.
In practical terms, this means the on call scheduling protections are expected to be targeted at workers who are least able to absorb irregular hours and sudden income losses, rather than highly paid managerial staff who typically have more bargaining power and contract flexibility.
What this could mean for employers
For many businesses, the operational challenge will not be the concept of giving notice. It will be building scheduling systems that can prove compliance.
If the proposed provisions become law in their current form, employers that rely on flexible staffing models would likely need to:
- Review employment contracts and template letters for on call or variable hour staff.
- Define “availability windows” that are clear enough to enforce but still realistic for operational demand.
- Set notice periods that can be justified as reasonable and that can be consistently applied.
- Document cancellations and the reason for cancellation to manage disputes and payroll corrections.
- Update rostering and payroll processes to ensure cancelled hours are paid when notice requirements are not met.
The direct cost risk is that poorly managed scheduling could translate into additional paid hours for work that is cancelled, effectively shifting demand volatility away from the worker and onto the employer.
There is also a compliance and dispute risk. The more detailed the scheduling rules become, the more important written records become in CCMA and inspection environments. Employers who cannot prove notice timing and cancellation compliance may face a more difficult path in disputes.
What this could mean for workers and households
For workers, the strongest intended benefit is predictability, not only higher pay.
If notice requirements and cancellation pay become enforceable, workers could have:
- more stable weekly income patterns
- better ability to plan transport and childcare
- improved ability to take additional work where they are not fairly restricted
- clearer written terms that can be enforced in disputes
The trade off is that some employers may respond by tightening availability rules, reducing the use of casual shifts, or consolidating work into fewer workers to reduce scheduling complexity. Worker advocates argue that predictable scheduling rules reduce exploitation, while some business stakeholders warn that tighter scheduling regulation can reduce flexibility in industries with volatile demand.
Other labour changes bundled with the “work hours” reforms
Although the “work hours” headline is attracting attention, the published labour reform package is broader.
The Minister has publicly linked the Labour Law Amendment Bill to additional areas, including:
- an overhaul of parental leave towards a more gender neutral model, aligned with Constitutional Court developments
- higher statutory severance pay proposals in retrenchment contexts
- stronger enforcement mechanisms and improvements to compliance processes
- changes related to harassment protections and compliance certification concepts
The Labour Relations Amendment Bill is also described as addressing collective bargaining systems, strike governance and certain rules for small or new businesses, although these elements sit more in the labour relations space than in day to day scheduling.
The overall message from government is that the reforms aim to reduce gaps in protection, improve fairness and strengthen enforcement.
What to do now
Because these are draft Bills, the next few weeks are the critical window for input.
For employers, the most practical steps during the consultation period are:
- map which parts of the workforce are on variable hour arrangements and how often shifts are cancelled
- quantify the potential cost impact of cancellation pay under different notice rules
- review contracts for clauses that restrict secondary employment and assess whether they can be justified
- prepare a written submission on what is workable in the specific sector, including realistic notice periods
For employees and unions, the key issues to focus on in submissions typically include:
- how “reasonable notice” should be defined in practice
- how cancellation pay should be calculated and enforced
- protections against retaliation if workers assert their rights
- clarity on how the rules apply to labour brokers and outsourced service arrangements
