🇿🇦 Your rights in South Africa

Equal pay

The Employment Equity Act, 1998 prohibits unfair discrimination on grounds including sex, gender, pregnancy and family responsibility. A difference in pay between employees doing the same, substantially the same, or work of equal value is unfair discrimination if it is based on one of these grounds.

• An employer can defend a pay difference only on fair grounds, such as experience, skills or performance, that are applied without discrimination.
• Designated employers must also take steps to address unfair income differences as part of employment equity planning.

If you think you are paid less because you are a woman, raise it with your employer in writing. Disputes can be referred to the CCMA and then the Labour Court, and time limits apply, so act promptly.

Harassment at work

Harassment, including sexual harassment, is a form of unfair discrimination under the Employment Equity Act. A Code of Good Practice on the prevention and elimination of harassment in the workplace sets out what employers should do, including having a policy and complaints procedure.

• Employers can be liable if they fail to take the necessary steps to eliminate harassment after it is reported.
• You must not be victimised for complaining.
• Keep a record of incidents, dates, witnesses and messages.

You can follow your employer's grievance procedure, refer a dispute to the CCMA, or go to the Labour Court. The Protection from Harassment Act, 2011 also allows you to apply for a protection order against anyone who harasses you, at work or elsewhere.

Pregnancy and maternity

Dismissing you because of pregnancy, or for reasons related to pregnancy, is automatically unfair under the Labour Relations Act, 1995. Pregnancy discrimination is also prohibited by the Employment Equity Act.

• The Basic Conditions of Employment Act gives employees the right to maternity leave. Employers do not have to pay you during it unless your contract or a collective agreement says so.
• Eligible employees can claim maternity benefits from the Unemployment Insurance Fund (UIF).
• Employers must not require pregnant or breastfeeding employees to do work that is dangerous to them or their child, and must offer suitable alternatives where practicable.

Parental leave rules have been the subject of recent court decisions and reforms, so check the current position. Give your employer written notice of your leave.

Flexible work

South Africa has no general legal right to request flexible or remote working. Arrangements usually depend on your contract, workplace policy, collective agreement or agreement with your employer.

• Unfair discrimination on the grounds of family responsibility is prohibited, which may be relevant if a refusal disadvantages you because of caring duties.
• Employees are entitled to family responsibility leave in certain circumstances.
• Rules on working hours and night work are set under the Basic Conditions of Employment Act, with protections for workers who work at night.

If you want to change your hours or work remotely, make a written request explaining how the arrangement would work. Keep a copy of your request and the employer's response.

Protection from domestic abuse

The Domestic Violence Act, 1998, which was significantly strengthened by amendments, allows you to apply to a magistrate's court for a protection order against a partner, ex-partner, family member or someone you live with.

• Domestic violence includes physical, sexual, emotional, verbal, psychological and economic abuse, and controlling behaviour.
• The court can issue an interim protection order quickly, often on the same day, followed by a hearing for a final order.
• The order comes with a suspended warrant of arrest, so the police can arrest the abuser if the order is breached.

Applications are free and can be made at a magistrate's court, and in some cases online. Police must help victims of domestic violence. In an emergency, call 10111.

Separation and divorce

Divorce is governed by the Divorce Act, 1979. A court may grant a divorce if the marriage has irretrievably broken down, and either spouse can apply. Divorces can be uncontested, where you agree on all issues in a settlement agreement, or contested.

• How property is divided depends on your marital regime, such as in community of property, or out of community with or without the accrual system.
• Decisions about children are based on the best interests of the child, and the Family Advocate may be involved.
• Maintenance for children and sometimes for a spouse can be claimed, including at the maintenance court under the Maintenance Act.

Customary and religious marriages have specific rules, so get advice if your marriage was not a civil marriage.

Legal aid and free legal help

Legal Aid South Africa provides free legal advice and representation to people who cannot afford a lawyer, mainly in criminal matters but also in some civil cases, including family matters. Eligibility depends on a means test and the type of case.

Other sources of free help include:

• University law clinics, which offer free advice and sometimes representation.
• The CCMA, which handles many workplace disputes without the need for a lawyer.
• Community advice offices and paralegal services.
• Organisations supporting survivors of gender-based violence.

The Commission for Gender Equality and the South African Human Rights Commission can also investigate complaints of discrimination. Time limits for workplace disputes can be very short — 30 days for an unfair dismissal dispute — so get help quickly.