Compliance Check: Are You Following South African Labour Law in 2025?

A Practical Checklist for Employers, with MMT Offering Payroll Audits and HR Compliance Checks

Staying compliant with South African labour laws is crucial for businesses in 2025. With recent legislative updates and evolving workplace standards, it's essential to ensure that your company adheres to all legal requirements. This checklist provides a practical guide to help you assess your compliance status.

1. Employment Equity Compliance

• Designated Employer Status: Determine if your company qualifies as a designated employer under the amended Employment Equity Act.

• Employment Equity Plan: Develop and implement a compliant Employment Equity Plan aligned with sector-specific numerical targets.

• Reporting: Submit annual reports to the Department of Employment and Labour as required.

2. Basic Conditions of Employment

• Contracts: Ensure all employees have written contracts outlining terms of employment.

• Working Hours and Leave: Adhere to regulations regarding working hours, overtime, and leave entitlements.

• Remuneration: Comply with minimum wage laws and ensure timely payment of salaries.

3. Occupational Health and Safety

• Risk Assessments: Conduct regular workplace risk assessments.

• Training: Provide health and safety training to employees.

• Reporting: Maintain records of incidents and report as necessary to relevant authorities.

4. Payroll and Tax Compliance

• Registration: Register with the South African Revenue Service (SARS) for PAYE, UIF, and SDL.

• Deductions: Accurately calculate and deduct employee taxes and contributions.

• Submissions: Submit monthly and annual returns to SARS on time.

5. Record Keeping

• Employee Records: Maintain up-to-date records of employee details, contracts, and disciplinary actions.

• Payroll Records: Keep detailed payroll records for each employee.

• Retention: Store records securely for the legally required duration.

6. Disciplinary Procedures

• Policies: Establish clear disciplinary policies and procedures.

• Fair Process: Ensure disciplinary actions are conducted fairly and in line with the Labour Relations Act.

• Documentation: Document all disciplinary proceedings thoroughly.

7. Employee Termination

• Legal Grounds: Terminate employment only on lawful grounds.

• Notice Periods: Provide appropriate notice periods or payment in lieu thereof.

• Exit Interviews: Conduct exit interviews to identify potential areas for improvement.

How MMT Financial Services Can Assist

Navigating the complexities of labour law compliance can be challenging. MMT Financial Services offers:

• Payroll Audits: Comprehensive reviews to ensure accurate payroll processing and tax compliance.

• HR Compliance Checks: Assessments of HR policies and practices to identify and rectify compliance gaps.

• Training: Workshops and training sessions to keep your HR team informed about the latest legal requirements.

Contact MMT Financial Services today to schedule your compliance audit and ensure your business stays on the right side of the law.