The South African constitution provides for some basic rights for workers. The Labour Relations Act (LRA) expands on these basic rights. In addition to this, the Basic Conditions of Employment Act (BCEA) seeks to protect vulnerable workers. The conditions outlined in the LRA and the BCEA aren’t inflexible, meaning that employers can offer better conditions, but not worse conditions.
The most important advice for any worker is to read and know your contract. While a contract isn’t strictly necessary, it protects both the employer and the employee. A contract signed by both parties is legally binding. But what are the responsibilities of the workers themselves?
What are your fundamental rights?
Table of Contents
National minimum wage
Currently, the national minimum wage is R20 an hour for the average worker, R18 an hour for farmworkers, R15 an hour for domestic workers and R11 an hour for expanded public works programme workers, with various complications surrounding this number (read more here). This doesn’t mean that an employer should only pay this amount, but rather that employers can use this number as a benchmark for lowest-paid workers.
Time and overtime
Chapter 2 of the BCEA regulates working time, including all hours and overtime. However, these hours only apply to employees earning less than R147,376 per year. The maximum normal working time allowed is 9 hours per day (excluding lunch break) if the employee works a five-day week. Employees who earn above R147,376 per year must negotiate the normal amount of working hours per day or per week with the employer, and this should be noted in the contract. The employee is under no obligation to work more than 45 hours per week. Employees above the threshold cannot demand to be paid overtime, and the employer cannot force the employee to work overtime or work overtime without compensation. To know more details, go here.
Leave, sick leave and parental leave
The BCEA gives employees a “minimum of 21 consecutive days or 15 working days’ annual leave on full pay”. Annual leave is accumulative, meaning for every 17 days worked, one day of leave is granted, or for every 17 hours worked, one hour of leave is granted. Sick leave is granted in a cycle of 36 months. Every cycle, an employee is entitled to an amount of paid sick leave equal to the number of days the employee would normally work during a period of six weeks. So if the employee works 5 days a week, that means the employee is entitled to 30 sick leave days per 36-month cycle. There are some limitations to this, read more here.
A pregnant employee is entitled to at leave 4 months unpaid maternity leave. The employer has to hold the employee’s job open for her to return from maternity leave. Many employers in South Africa choose to offer partially paid maternity leave, with the employee having the option of claiming from the Department of Labour for additional remuneration during maternity leave. The maternity leave laws provide for the mother, while in terms of the Labour Laws Amendment Act an employee (other parent) is entitled to 10 days parental leave when the child is born.
The Compensation for Occupational Injuries and Diseases Act
The Compensation for Occupational Injuries and Diseases Act (“COIDA”) creates a statutory insurance framework that provides compensation to full-time and part-time employees who as a result of a workplace accident or work-related disease are either injured, killed or become ill. All employees can benefit from COIDA except independent contractors, members of the police and defence force, anyone receiving military training, anyone who’s employed outside South Africa for 12 or more continuous months and workers who’re only temporarily employed in South Africa.
Health and safety
The Occupational Health and Safety Act (OHSA) gives guidelines on the things that must be in place to ensure the health and safety of employees. Some of the rights include proper toilets, first aid, drinking water, changing facilities, protective clothing, ventilation, lighting and temperature. Workers in mines and ships are exempted from OHSA. The covid-19 pandemic presented new workplace issues addressed in the guidelines and direction for OHS issued by the minister of Employment and Labour in October 2020.
Organise
One of the most important rights of being employed in South Africa is the right to organise. The constitution gives two very important rights to workers in South Africa about this: firstly, that every worker has the right to form and join a trade union and to participate in the union’s activities; and secondly, every worker has the right to strike.
Discrimination
Discrimination is addressed in section 9(3) and section 9(4) of the Constitution of the Republic of South Africa, 1996 and section 6 of the Employment Equity Act (EEA). It reads that: ‘No person may unfairly discriminate, directly or indirectly, against an employee in any employment policy or practice, on one or more grounds including race, gender, pregnancy, marital status, family responsibility, ethnic or social origin, colour, sexual orientation, age, disability, religion, HIV status, conscience, belief, political opinion, culture, language, and birth.’
Student Loans in South Africa: How to Apply and What to Expect
For many young South Africans, accessing higher education is a dream that often comes with a financial challenge. Fortunately, several student loan optionsstrong> are available in South Africa to help fund university, college, or TVET studies. Whether you’re looking for a government loan like NSFAS or a private student loan from a bank, understanding the process is essential for success.
What Are Student Loans?
Student loans are a form of financial aid provided to eligible students to help cover tuition fees, books, accommodation, and other study-related expenses. In South Africa, these loans can come from government institutions like NSFAS or private banks such as Nedbank, Standard Bank, FNB, and Absa. Most loans offer repayment flexibility and low-interest options until you graduate.
Types of Student Loans in South Africa
- NSFAS (National Student Financial Aid Scheme): A government-funded loan/grant program for students from low-income households. Covers tuition, housing, transport, and meals.
- Bank Student Loans: Offered by most major banks. These are credit-based and require a guardian or parent as a co-signer.
- Private Loan Providers: Companies like Fundi offer educational loans covering various costs such as school fees, gadgets, and textbooks.
Requirements to Qualify for a Student Loan
Each provider has its own criteria, but most South African student loans require the following:
- Proof of South African citizenship or permanent residency
- Proof of registration or acceptance at a recognised tertiary institution
- Parent or guardian with a stable income to co-sign (for private loans)
- Completed application form with supporting documents (ID, proof of income, academic records)
How to Apply for a Student Loan
To apply for a student loan in South Africa, follow these steps:
- Identify your loan provider: Choose between NSFAS, a bank, or a private lender.
- Gather necessary documents: ID copies, academic transcripts, acceptance letters, and income statements.
- Complete the application form online or at a branch.
- Await approval: Some banks offer instant decisions, while NSFAS can take a few weeks.
- Receive disbursement: Funds are typically paid directly to the institution or your account, depending on the lender.
Loan Amounts and Repayment
The loan amount you can receive depends on your chosen lender and financial need:
- NSFAS: Covers full tuition, residence, books, and a personal allowance. The loan becomes a bursary if you pass all your courses.
- Banks: Can provide up to R120,000 or more annually, depending on tuition costs and credit history.
Repayment usually starts after graduation or once you start earning an income. Bank loans may require interest-only payments during your studies. NSFAS repayment only begins when you earn above a specific income threshold.
FAQs on Student Loans in South Africa
1. Can I apply for a student loan without a parent or guardian?
For government loans like NSFAS, yes. But most banks require a financially responsible co-signer, especially for students without an income.
2. Is NSFAS a loan or a bursary?
NSFAS starts as a loan, but it converts to a bursary if you meet academic performance requirements. This means you may not have to pay it back.
3. What is the interest rate on student loans?
Private banks offer competitive rates between 5% and 12%, depending on the applicant's credit profile. NSFAS charges a much lower interest rate, usually linked to inflation.
4. What happens if I fail my courses?
If you’re funded by NSFAS and fail, your loan won’t convert into a bursary, and you’ll need to repay the full amount. Banks may continue charging interest, and your co-signer may be held liable.
5. Can I use a student loan to pay for accommodation and laptops?
Yes. Both NSFAS and many bank student loans cover costs beyond tuition, including housing, meals, textbooks, and electronic devices like laptops or tablets.
Final Thoughts
Student loans in South Africa offer a much-needed financial lifeline to thousands of students every year. Whether you're applying through **NSFAS** or a private bank, ensure you understand the **terms, interest rates, and repayment conditions** before signing any agreement. Make informed decisions today to secure your academic and financial future tomorrow.