Your Rights During Festive Season Jobs: Employer Obligations Explained

The festive season, usually running from November to January, is the busiest hiring period of the year in South Africa. Retail stores extend trading hours, restaurants fill up with holidaymakers, courier companies deliver thousands of parcels daily, and tourism operators expand capacity to meet demand. To keep up, employers hire thousands of temporary, seasonal, and casual workers.

But with short-term jobs comes uncertainty. Many employees don’t know what rights they have or what employers are legally obliged to provide. Others worry about unfair treatment, unpaid overtime, or sudden dismissal in January once the holiday rush ends.

This guide breaks down your legal rights as a festive season worker in South Africa and explains the responsibilities of employers. Whether you are a student working in retail, a waiter covering December shifts, or a driver delivering online orders, these protections apply to you.

The Legal Framework

Three main laws protect festive season workers in South Africa:

• Basic Conditions of Employment Act (BCEA), No. 75 of 1997 – governs working hours, leave, contracts, and pay.
• Labour Relations Act (LRA), No. 66 of 1995 – regulates dismissals, disputes, and trade union rights.
• National Minimum Wage Act (NMWA) – sets the lowest hourly pay.

These laws apply to permanent, temporary, part-time, fixed-term, and seasonal workers if you work more than 24 hours per month for the same employer.

Employees earning above the BCEA’s earnings threshold (R261,784.45 per annum as of April 2025) may be exempt from some protections, but most festive jobs fall below this threshold, so the law is on your side.

Wages and Minimum Pay

As of March 2024, the national minimum wage is R27.58 per hour. This is the absolute minimum, and some industries (such as retail or contract cleaning) have higher sectoral wage rates. Always check your payslip to ensure you are paid the correct amount.

Employee rights

• At least the minimum wage for every hour worked.
• No lower pay than permanent staff doing similar work after three months.
• Timely, full payment in cash, cheque, or direct deposit.
• Written consent required for deductions (except UIF, PAYE, pension).

Employer obligations

• Pay on the agreed payday (weekly or monthly).
• Include overtime, Sunday, and holiday premiums.
• Provide a payslip showing hours worked, wage rate, and deductions.

Know Your Rights: If underpaid, report the matter to the Department of Employment and Labour or the CCMA (Commission for Conciliation, Mediation and Arbitration).

Working Hours and Overtime

December often means longer shifts, but the law limits working hours to protect employees.

Standard hours

• 45 hours per week (9 hours per day for a 5-day week, 8 hours per day for a 6-day week).
• 1-hour meal break after 5 hours of work.
• 12 consecutive hours rest between shifts and 36 hours weekly rest (including Sunday).

Overtime

• Maximum 3 hours per day and 10 hours per week.
• Paid at 1.5 times the normal wage.
• Sundays and public holidays: double pay.
• Employees under 18 cannot work overtime.

Night/Weekend work

• Work after 20:00 requires safe transport home.
• Sunday work requires written agreement.

Festive note: Employers cannot force you to work overtime. You must agree in writing.

Public Holidays and the Festive Season

Public holidays are particularly important for December workers. Key days include Christmas Day (25 December), Day of Goodwill (26 December), and New Year’s Day (1 January).

If you don’t work

• You are entitled to your full day’s normal pay if the holiday falls on a day you would normally work.

If you do work

• You must be paid double your normal rate or your normal rate plus time off in lieu.

If the holiday falls on a non-work day

• No payment is required unless you work.

Shift overlap rule

• If more than 50% of your shift falls on a public holiday, the entire shift is treated as holiday work.

Important: Refusing to work on a public holiday without prior agreement is not grounds for dismissal.

Leave Entitlements

Even temporary workers earn leave. Your entitlements accrue from your first day.

Annual leave

• 21 consecutive days per year (15 workdays).
• Accrued at 1 day per 17 worked for temporary contracts.
• Paid at your normal rate.

Sick leave

• 30 days in a 36-month cycle.
• During the first six months: 1 day per 26 worked.
• A medical certificate is required for absences of two days or more.

Family responsibility leave

• 3 days per year after four months’ service.
• Used for family illness, death, or emergencies.

Maternity and parental leave

• 4 months unpaid maternity leave.
• 10 days paid parental leave.
• UIF benefits can be claimed during this period.

Festive note: Employers can refuse leave requests during December for operational reasons but must apply rules fairly. Unpaid leave may be an option if agreed.

Termination, Notice, and Dismissals

Seasonal jobs often end naturally when business slows, but workers still have rights.

Contract expiry

• If your contract clearly states an end date (e.g., “31 January 2026”), no notice is required.

Dismissals

• Must be fair and follow due procedure.
• After three months, you are protected against unfair dismissal under the LRA.

Notice periods

• 1 week (if employed less than 6 months).
• 2 weeks (6–12 months).
• 4 weeks (over 12 months).

Severance pay

• 1 week’s pay per completed year of service if retrenched.

Tip: If you are dismissed unfairly, refer the matter to the CCMA within 30 days.

Health, Safety, and UIF

The holiday season often means crowded malls, late-night shifts, and increased workplace risks. Employers must take extra precautions.

Workplace safety

• Provide personal protective equipment (PPE) if required.
• Conduct risk assessments.
• Ensure safe transport after late shifts.

UIF contributions

• Both employer and employee contribute 1% each.
• UIF provides benefits for unemployment, maternity, or illness.

Protection from discrimination

• The Employment Equity Act protects workers against unfair treatment based on race, gender, religion, or disability.

Know Your Rights: You cannot be victimised for refusing unsafe work or for asserting your legal rights.

Common Festive Season Issues

Many seasonal workers report similar problems each December:

• Unpaid overtime – hours worked not reflected on payslip.
• Underpayment – being paid less than minimum wage.
• “Casualisation” – repeated short contracts to avoid permanent status.
• Abrupt terminations – workers dismissed in January without proper notice.
• Unsafe conditions – overcrowded shops, long hours without breaks.

If these happen, escalate the issue to the Department of Labour or the CCMA.

What to Do If Your Rights Are Violated

1. Document everything – keep payslips, contracts, rosters, and WhatsApp messages.
2. Raise it internally – first approach your supervisor or HR department.
3. Escalate – contact:
   • CCMA: 0861 16 16 16 / ccmacare@ccma.org.za
   • Department of Employment and Labour: 0800 007 269 / labour.gov.za
4. Seek union support – organisations like COSATU can assist.
5. Consult a lawyer – if the case is complex or urgent.

Guidance for Employers

Employers often underestimate the legal obligations attached to seasonal hiring. Non-compliance can lead to disputes, CCMA referrals, or reputational damage.

Key compliance tips

• Provide written contracts within two months of starting.
• Train managers on BCEA and LRA obligations.
• Plan rosters to avoid excessive overtime.
• Pay fair wages and avoid undercutting permanent staff.
• Ensure health and safety in crowded holiday conditions.

Good treatment not only ensures compliance but also helps retain workers for future seasons.

Related: 30 Red Flags for Fake Job Ads During Festive Season

The festive season offers valuable income and work experience, but it can also expose workers to exploitation if they don’t know their rights. South African labour laws are clear: temporary workers enjoy the same basic protections as permanent staff.

If you are a festive season worker, demand a written contract, keep records, and know where to go if your rights are ignored. If you are an employer, follow the law, it benefits both your staff and your business.

How will you ensure your rights are respected this festive season? Share your story or comment with your experience.