HR policies should keep pace with legislation, workplace practices and business risk. With several important legal changes now in force and further labour law reform on the horizon, 2026 is a good time to check that your policies still reflect the law and the way your organisation actually works.
Employment equity: the first assessment year
The Employment Equity Amendment Act came into effect on 1 January 2025, and five-year sector numerical targets followed in April 2025. Designated employers (those with 50 or more employees) should now be working to five-year employment equity plans that run from 1 September 2025 to 31 August 2030.
The 2026 reporting period is the first in which designated employers will be assessed against their annual targets. Online reports for this cycle are due by 15 January 2027. Employers who want to do business with the state also need an Employment Equity Compliance Certificate under section 53 of the Act, which must be renewed every 12 months.
Pay and working time
The national minimum wage increased to R30.23 per ordinary hour from 1 March 2026, and the Basic Conditions of Employment Act earnings threshold rose to R269,600.90 a year from 1 May 2026. The threshold matters because it determines which employees are covered by the Act’s provisions on working hours and overtime.
Check that payroll, overtime, leave pay and deductions are calculated correctly, and that your policies on working hours, shifts and overtime match what happens in practice.
Discipline and dismissal
Disciplinary and dismissal policies should be aligned with the current Code of Good Practice: Dismissal. Make sure procedures are clear, proportionate and applied consistently, and that managers understand how to follow them.
Prepare for proposed labour law reform
In February 2026, the Minister of Employment and Labour published draft amendments to labour legislation, including the Labour Relations Act and the Basic Conditions of Employment Act, for public comment. The proposals cover areas such as on-call and variable-hours work, probation, severance pay and retrenchment procedures.
These proposals are not yet law and may change before they are finalised. Even so, it is sensible to check now that contracts for part-time, on-call and flexible staff clearly record working hours, notice of shifts and pay arrangements.
Review core workplace policies
Check policies dealing with leave, recruitment, performance, grievances, harassment, health and safety, recordkeeping and employee privacy under POPIA. Ensure each document reflects the organisation’s current practices and any applicable sector rules.
Make policies usable
Use clear language, identify responsible managers and communicate updates to employees. Train supervisors in procedures they are expected to apply, rather than relying on signed acknowledgements alone.
Keep a review record
Record the date, owner and reason for each policy revision, and schedule periodic reviews. Where a change has legal implications, obtain appropriate professional guidance.
Practical takeaway: Treat policy maintenance as a recurring governance process, not a once-off annual exercise.
This article reflects the position as at October 2026. Legislation and proposed amendments may change, so verify current requirements before acting. Editorial draft for Kelly’s review, not legal advice.
Further reading: Department of Employment and Labour: Employment Equity Regulations.