BASIC CONDITIONS OF EMPLOYMENT ACT 75 OF 1997: INTENTION TO DEEM PERFORMERS IN THE PERFORMANCE OF ADVERTISING, ARTISTIC, AND CULTURAL ACTIVITIES IN SOUTH AFRICA AS EMPLOYEES
Notice Title: Basic Conditions of Employment Act 75 of 1997 (“BCEA”): Intention to Deem Performers in the Performance of Advertising, Artistic, and Cultural Activities in South Africa as Employees
Government Notice: GN 7020 in GG 53987 on 23 January 2026
Commencing date: Comments to be submitted on or before 23 February 2026
The Minister of Employment and Labour, in terms of section 83(2)(a) and (b) of the BCEA, and having considered the representations received following the publication of GN 42900 of 4 December 2019, published for public comment her intention to deem all performers in the performance of advertising, artistic and cultural activities as employees for the following:
- BCEA specifically the following provisions:
- Section 7: Regulation of working time;
- Sections 9 to 19: Ordinary hours of work, overtime, rest periods, meal intervals, and work on Sundays and public holidays;
- Sections 20 to 25: Leave entitlements, including annual, sick, and maternity leave, and application to occupational accidents or diseases;
- Section 29: Written particulars of employment;
- Sections 31 to 35: Record-keeping, payment of remuneration, payslips, and deductions;
- Sections 37 to 39: Notice and termination of employment; and
- Section 41: Severance pay.
- The National Minimum Wage Act, 9 of 2018
- The Compensation for Occupational Injuries and Diseases Act, 130 of 1993
- The Labour Relations Act, 66 of 1995: specifically, section 198B(10)(a) (Fixed-term contracts exceeding 24 months).
The intention arises from widespread evidence and stakeholder representations indicating that performers in these sectors often operate under conditions characteristic of employment relationships, including fixed working hours, supervision, and payment for services rendered. However, they are frequently excluded from basic labour protections due to their classification as independent contractors.
Members of the public are invited to submit comments on or before 23 February 2026. For a copy of the Government Gazette Notice click here: Basic Conditions of Employment Act: Intention to deem performers inperformance of Advertising, Artistic, and Cultural Activities in South Africa as employees: Comments invited
For more information or assistance please contact Gert van der Waal at gert@shangoni.co.za.
