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Sections 9 and 10 of Labour Laws Amendment Act in Effect

March 28, 2019

The Presidency

28 March 2019

Sections 9 and 10 of the Labour Laws Amendment Act came into force on 1 March 2019.

The proclamation was published in Government Gazette 42345.

A private member’s bill proposing paternity leave for fathers was tabled at the end of 2015.

It was drawn up by the African Christian Democratic Party’s (ACDP) Cheryllyn Dudley.

At the end of 2016, the proposed legislation was changed from a private member’s bill to a bill.

The act seeks to introduce amendments to the Basic Conditions of Employment Act and the Unemployment Insurance Act.

The Labour Laws Amendment Act aims to:


• amend the Basic Conditions of Employment Act, 1997, so as to insert new definitions;
• correct an obsolete reference to an Act;
• provide for parental, adoption and commissioning parental leave to employees;
• provide that a collective agreement may not reduce an employee’s entitlement to parental, adoption or commissioning parental leave;
• amend the Unemployment Insurance Act, 2001, so as to provide for the right to claim parental and commissioning parental benefits from the Unemployment Insurance Fund;
• provide for the application for, and the payment of, parental and commissioning parental benefits from the Unemployment Insurance Fund;
• correct an obsolete reference to an Act;
• provide that the number of contributors to whom parental and commissioning parental benefits were paid and the amount of such payments be included in the written report from the Director-General to the Minister; and
• provide for matters connected therewith.

Sections 9 and 10 introduced amendments to the Unemployment Insurance Act including that the days of benefits that a contributor is entitled to may not be reduced by the payment of parental, adoption or commissioning parental benefits.