Know Your Labour Rights as a Migrant Worker in South Africa

One of the most common ways African migrants are exploited in South Africa is through work. Being paid less than minimum wage, working without a contract, being threatened with deportation for complaining, or simply never being paid at all.

It does not have to be that way. South Africa's labour law is clear: it applies to everyone who works here, regardless of nationality, permit status, or documentation.

The Basic Conditions of Employment Act (BCEA)

The BCEA is the primary law governing employment conditions in South Africa. It sets minimum standards for:

• Working hours — Maximum 45 hours per week, 9 hours per day (8 hours if you work more than 5 days a week).
• Overtime — Must be agreed in writing and paid at 1.5× your normal rate.
• Annual leave — Minimum 15 working days per year (after one year of service).
• Sick leave — 6 weeks of paid sick leave over a 3-year cycle.
• Family responsibility leave — 3 days per year for illness or death of close family.
• Notice periods — Minimum 1 week (under 6 months), 2 weeks (6 months–1 year), 4 weeks (over 1 year).

**Critically:** These rights apply even if you are undocumented. An employer who employs an undocumented worker is **still legally obligated** to pay them for work done and cannot use their immigration status as a weapon.

The National Minimum Wage

As of 2025, South Africa's National Minimum Wage (NMW) is R27.58 per hour for most workers. Domestic workers and farm workers have specific rates — both above R20/hour.

If your employer is paying you less, they are breaking the law.

Calculate what you are owed: - Working 45 hours/week × R27.58 = R1,241.10/week minimum - Working 45 hours/week × 4.33 weeks = R5,373.96/month minimum

Many migrants — particularly domestic workers and informal traders' staff — are paid far below this. If this is happening to you, you have the right to claim the difference, even for past months.

Your Rights if an Employer Threatens You

It is common for unscrupulous employers to say things like:

• "You don't have papers, so you have no rights here."
• "If you complain, I'll call Home Affairs."
• "I'll fire you and you won't get anything."

These are illegal threats and often illegal conduct. Here is the legal reality:

1. Withholding wages is theft — it is a criminal offence under the BCEA and can lead to employer prosecution.
2. Using immigration status to avoid paying earned wages is also unlawful — courts have upheld migrant workers' right to back pay repeatedly.
3. Threatening to report you to immigration authorities to suppress a labour complaint may constitute intimidation, which is a criminal offence.

How to Claim Your Rights

Step 1: Keep records

Step 2: Contact the CCMA

• Walk-in offices in all major cities
• Can help with unfair dismissal, unpaid wages, and unfair labour practice
• Cases are heard in your language where possible

Step 3: Contact the Department of Employment and Labour

Step 4: Get GDSA's support

Contact us for labour rights support →

Domestic Workers: A Special Note

Domestic workers — many of whom are migrant women — are among the most exploited workers in South Africa. If you are a domestic worker, you have all the rights above, plus:

• The right to a written contract
• The right to be registered with the Unemployment Insurance Fund (UIF)
• Protection under the Domestic Workers sectoral determination (minimum wage + conditions)
• The right to decent living conditions if accommodation is provided

The Izwi Domestic Workers Alliance and GDSA work together to support domestic workers. If you are being exploited, contact us.

What GDSA Can Do For You

• Free initial labour rights consultation
• Referral to CCMA and Legal Aid SA
• Assistance with collecting evidence and preparing your case
• Accompaniment to CCMA hearings if needed
• Rapid response if your employer threatens you with immigration authorities

You work hard. You deserve fair pay and to be treated with respect. South Africa's law says so, and GDSA will stand with you to make sure it happens.

Facing a labour dispute or wage theft? Reach out to GDSA — our legal desk is ready to help.