Hiring in South Africa requires careful attention to how employment terms are communicated and how workplace policies are developed. While South African labour law is relatively flexible, there are some specific documentation and procedural expectations that every employer should be aware of—whether hiring permanent staff, short-term contractors, or interns.
Below, we unpack how employment contracts work and explore the workplace rules and procedures businesses are expected to follow.
Employment contracts in South Africa
There is no formal requirement to issue a contract of employment in South Africa, but the Basic Conditions of Employment Act (BCEA) mandates that certain written details must be provided when an employee starts work. These include information such as working hours, payment method and frequency, job title, and leave entitlements.
While technically a full contract is not compulsory, most employers choose to provide one for clarity and protection. The employment relationship is considered valid when there is a clear agreement on the job to be performed and the remuneration involved. For employees earning below the BCEA income threshold (currently 261,748.45 ZAR per year), any fixed-term contract must be in writing and must explain why the role is temporary.
Employers are also expected to explain how pay will be calculated and when it will be made. Importantly, employees cannot waive rights granted under the BCEA, even if they agree to do so in a contract.
Policies and procedures for employers in South Africa
Employers are expected to implement a range of workplace policies and procedures that govern conduct, safety, and compliance. At a minimum, South African businesses must have:
- A policy on sexual harassment in line with the Code of Good Practice on the Prevention and Elimination of Harassment in the Workplace.
- A protected disclosures policy (commonly called a whistleblowing policy).
- A disciplinary code setting out standards of conduct and consequences for misconduct.
Other types of workplace policies, such as a dress code policy for employees in South Africa, health and safety protocols, and remote working arrangements, are recommended based on operational needs, though not always legally required.
Under the Occupational Health and Safety Act, employers must still maintain a safe working environment—even if they are not required to document specific health and safety policies unless officially directed. Similarly, organisations that qualify as responsible parties under the Protection of Personal Information Act (POPIA) must have a PAIA Manual outlining their data processing activities and access-to-information procedures.
Employers do not need third-party or government approval to implement these rules, but they must communicate them clearly to staff and apply them consistently.
Internship employment policies in South Africa
Internships play an important role in talent development, but employers must approach them with care. There are no separate legislative regime governing interns in South Africa, so internship employment policies in South Africa must still align with standard employment rules where a formal employment relationship exists.
If interns are paid and carry out work similar to permanent staff, they may be entitled to benefits under the BCEA, including leave and fair working conditions. Employers should issue a fixed-term contract (with clear educational intent if applicable) and ensure the terms of the internship—particularly duration, supervision, and pay—are agreed in writing.
Probationary periods in South Africa
Probation periods are a common feature of South African employment contracts and typically last between three to six months. The purpose is to assess whether the new hire is suited to the role.
That said, being on probation does not mean an employee can be dismissed without cause. Employers must follow a fair performance management process, offering guidance, support, and feedback before making any termination decisions. Courts may apply a slightly more lenient standard for performance-related dismissals during probation, but the basic requirement of fairness still applies.
In summary, employers in South Africa must balance flexibility with compliance when setting up employment terms. Having robust, written agreements and clearly defined employment policies in South Africa helps reduce risk and creates a transparent, supportive work environment.