As the head of HR at WHM HR Support Services, my job isn’t just about policies and paperwork; it’s about people. A big part of that is making sure our company stays on the right side of the law. In 2025, that means keeping a close eye on a few key updates to South Africa’s labour legislation. It’s not just to protect the business—it’s about ensuring our team is treated fairly and their rights are respected.

The Big Three: My HR Bible

I always start by returning to the basics. For anyone in HR in South Africa, these three acts are our guidebooks:

  • BCEA (Basic Conditions of Employment Act): This is all about the fundamentals—working hours, leave, overtime, and public holidays. It sets the baseline for what an employer must provide.
  • LRA (Labour Relations Act): This one is for when things get complicated. It covers everything from dismissals and unfair labour practices to collective bargaining and resolving disputes.
  • NMWA (National Minimum Wage Act): Simple, yet critical. This law sets the lowest legal wage we can pay for a day’s work.

Knowing how these three laws work together is the secret to a smooth operation, especially when it comes to specific thresholds or exemptions.

The 2025 updates that got my attention

This year, there are two big changes I’m focused on.

BCEA: The Earnings Threshold Has Moved

As of April 1, 2025, the BCEA earnings threshold has increased to R261,748.45 per year.

What does that mean in plain English? If an employee earns above this amount, certain BCEA protections no longer apply. This includes things like limits on overtime and rest periods. For us, this means it’s time for an HR spring cleaning.

Here’s what I’m doing about it:

  • I’m auditing every employee salary to see who falls above or below the new threshold.
  • I’m updating our contracts to reflect the new rules for those high-earning employees.
  • I’ll make this a yearly check-up, because these numbers can change.

NMWA: The Minimum Wage Went Up

Effective March 1, 2025, the national minimum wage is now R28.79 per hour, up from R27.58. This isn’t just for office workers; it applies to everyone, including our domestic and farm workers.

My strategy is straightforward:

  • I’m running wage audits to make sure no one is being underpaid.
  • I’m updating our payroll and contracts to reflect the new rate.
  • I’m paying extra attention to our overtime calculations—a small change in the base rate can have a big ripple effect.

Looking ahead: What’s on the horizon

Some changes are still in the pipeline, but I’m keeping a close watch so we aren’t caught off guard. We might see:

  • BCEA: Stronger protections for employees who are on-call, and a potential increase in severance pay. They might even start including gig workers under this act, which would be a huge shift.
  • LRA: Possible limitations on unfair dismissal claims for high-earning employees and clearer rules for resolving disputes internally before they go to the CCMA.
  • NMWA: Clarifications on what bonuses count towards the minimum wage, and stronger rules for enforcement.

My 2025 compliance checklist

To keep things simple, I’ve created a checklist to guide me through the process.

  • Review all salaries: This is priority number one. I need to know who is above the new BCEA threshold and ensure everyone is paid the new minimum wage. (Timing: Right now!)
  • Revise contracts and policies: I’ll make sure our internal documents reflect the new laws and remove any conflicting clauses. (Timing: Within the next 1–2 months)
  • Update payroll and timekeeping: This ensures every employee’s paycheck is accurate. (Timing: Before the next pay cycle)
  • Train our team: I’ll get our HR team and managers up to speed on the changes so they can answer questions and apply the laws correctly. (Timing: Q2 2025)
  • Monitor new laws: This is a continuous process. I’ll stay on top of the proposed bills.
  • Audit past payments: I’ll check for any past underpayments and correct them. (Timing: ASAP)
  • Strengthen internal processes: We’ll make it easier for our team to resolve any issues internally before they become legal matters. (Timing: Q2–Q3 2025)
  • Talk to our staff: I’ll make sure our team is aware of the changes. Keeping them in the loop reduces confusion and builds trust. (Timing: Ongoing)

Protecting our business and our people

Non-compliance comes with serious risks, from back-pay claims and fines to legal disputes and damage to our reputation.

To protect WHM HR Support Services, I rely on a few key practices:

  • I work closely with our legal advisors who specialise in labour law.
  • I keep detailed records of every decision and calculation.
  • I maintain a compliance calendar so I never miss a deadline.
  • I make changes in phases to ensure no employee is negatively impacted.

 

2025 is a year where being proactive is everything. By staying organised and informed, we don’t just stay compliant, we show our employees that we value them. It’s a win-win for everyone.

-C. Geske