A practical guide to flexible and casual employment arrangements in South Africa — what zero-hours contracts mean under the BCEA and LRA, how casual workers are protected, and what employers must do to stay compliant.
The term "zero-hours contract" originates from UK employment law and is not a defined legal category under South African labour law. However, the concept of flexible or on-call work arrangements is common in South Africa — particularly in hospitality, events, retail, agriculture, and domestic services. Under South African law, these arrangements are regulated by the Basic Conditions of Employment Act (BCEA) and the Labour Relations Act (LRA), regardless of what the contract is called.
A "casual worker" in South Africa is typically someone employed for fewer than 24 hours per month. The BCEA has different minimum standards for employees working fewer than 24 hours per month:
Workers regularly averaging more than 24 hours per month are entitled to the full suite of BCEA protections: annual leave, sick leave, family responsibility leave, notice periods, and UIF.
Under Section 198B of the LRA, if a worker earning below the earnings threshold is employed on a fixed-term or flexible basis for longer than 3 months and there is no justifiable reason for the fixed-term arrangement, they may be deemed a permanent employee. This prevents employers from using repeated short-term engagements to avoid employment obligations.
Justifiable reasons for fixed-term status include:
Even if the arrangement is flexible or on-call, the written employment agreement should state:
All employees, including casual workers working more than 24 hours per month, must have UIF contributions deducted. The contribution is 1% of the worker's monthly remuneration from the employee, and 1% from the employer (2% total).
If a casual worker becomes unemployed, they can claim UIF benefits based on their contribution history. Employers who fail to deduct and remit UIF contributions face penalties and may be held liable for claims the employee cannot make due to missing contribution records.
All workers in South Africa, regardless of the flexibility of their arrangement, must be paid at or above the National Minimum Wage (NMW). The NMW is reviewed annually. Domestic workers and farm workers have specific rates under the NMW framework. Check www.labour.gov.za for the current rates.
Before placing a worker on a casual or flexible arrangement:
Even in a zero-hours or casual arrangement, workers retain the right to:
If a worker is integrated into your operations, works under your direction, and depends economically on you, they may be classified as an employee regardless of the contract label. The CCMA and Labour Court will look at the substance of the relationship, not the contract's title.
Even one shift triggers UIF obligations if the worker earns more than the threshold. Failure to register and remit UIF is a compliance offence.
The NMW applies to all workers regardless of the arrangement type. There is no exclusion for casual workers.
Requiring a worker to be "on-call" (i.e. available and unable to engage in other work) without payment for standby time can constitute working time depending on the circumstances.
There is no specific prohibition on flexible or on-call work arrangements, but SA law does not use the "zero-hours" terminology. The arrangement is legal if it complies with the BCEA (minimum wage, leave, notice) and LRA (fair labour practice) requirements.
Workers earning more than 24 hours per month are entitled to annual leave. Workers earning less than 24 hours per month receive limited entitlements under Section 32 of the BCEA.
Not unilaterally — this would constitute an unfair dismissal or unilateral change to employment terms, both of which can be referred to the CCMA.
If the worker works more than 24 hours per month, BCEA notice requirements apply. For the first 6 months: 1 week's notice. After 6 months to 1 year: 2 weeks. After 1 year: 4 weeks.
Last reviewed: 2026-03-03. This article is informational and not legal advice.
ElyForma articles are written for informational use and practical guidance. They do not replace advice from a qualified legal professional for your specific case.
Expert in employment contracts, labor law, and flexible work arrangements.