Capitals (De Facto): Pretoria (Executive); Bloemfontein (Judicial); Cape Town (Legislative)

Population: Population: (2023 est.) 61,071,000

Monetary Unit: South African Rand (ZAR)

Language(s): Afrikaans, English, Xhosa, Zulu, Southern Sotho, Venda, Tswana, Northern Sotho, Tsonga, Swati, Ndebele.

South Africa is an upper, middle-income economy and is one of the largest economies in the African continent. The country is known for its abundance in natural resources, which has greatly contributed to their GDP. Among the natural products they produce are platinum, gold, titanium, chromium, phosphate, vanadium, iron ore, cobalt, uranium, and manganese.

Date           Holiday

  • 1 Jan          New Year’s Day
  • 2 Jan          New Year Holiday
  • 21 Mar       Human Rights Day
  • 7 Apr         Good Friday
  • 10 Apr       Family Day
  • 27 Apr       Freedom Day
  • 1 May        Workers’ Day
  • 16 Jun        Youth Day
  • 9 Aug         National Women’s Day
  • 24 Sep        Heritage Day
  • 25 Sep        Heritage Day Holiday
  • 16 Dec       Day of Reconciliation
  • 25 Dec       Christmas Day
  • 26 Dec       Day of Goodwill

There is no prescribed time limit set for a probation period. The probation period must be reasonable, given the circumstances of the job.

Every employee is entitled to 21 consecutive days’ annual leave on full pay in every leave cycle. This equates to 15 working days per annum if the employee works a five-day week, and 18 working days per annum if the employee works a six-day week.

Female employees have a right to four months’ maternity leave when they are pregnant. By law your employer is not obliged to give you paid maternity leave, but you are entitled to four consecutive months of maternity leave. The maternity leave may begin at any time from at least four weeks before the birth of the baby.

An employee, who is a parent of a child is entitled to 10 consecutive days of parental leave

Section 22(1) to 22(4) of South Africa’s Employment Act stipulates that during each 36-month cycle starting from the first day at work, an employee is entitled to a paid sick leave. This should be equivalent to the exact number of days that they usually work in a typical 6-week period. Therefore, in case the employee works five days per week, then they are entitled to a 30-day sick leave on full pay. On the other hand, if the person works six days per week, then they will have a 36-day sick leave on full pay. When distributed across the three years, one may have a 10 to 12-days paid sick leave per year on average.

A retrenched employee must at least be paid 1 week’s pay for each completed year of ongoing service. However, the employer must pay the retrenched employee the amount specified in any policy or his/her employment contract, if that amount is larger.

13th / 14th Month Pay: Yes. There is no statutory requirement to pay the 13th or the 14th month salary. However there seem to be evidence that the 13th month salary or Christmas bonus is widely paid.

Work visas fall into the following four categories: Critical skills work visas, General work visas, Intracompany transfer work visas, Corporate work visas.

Critical Skills Work Visas

Subject to any prescribed requirements, a critical skills work visas may be issued to individuals possessing such skills or qualifications determined to be critical for South Africa as per a notice in the Government Gazette. A critical skills work visa is issued for a period not exceeding five years. 

General Work Visas

General work visas are issued to individuals who do not fall in a critical skills category. The South African employer needs to prove through advertisements and interviews that a suitably skilled or experienced South African citizen or permanent resident could not be found to fill the position offered. The applicant’s qualifications need to be certified by the South African Qualifications Authority. It is also required that the Department of Labor issue a certificate confirming the following:

  • Despite a diligent search, the prospective employer has been unable to find a suitable citizen or permanent resident with qualifications or skills and experience equivalent to those of the applicant. 
  • The applicant has qualifications or proven skills and experience in line with the job offer.
  • The salary and benefits of the applicant are not inferior to the average salary and benefits of citizens or permanent residents occupying similar positions in South Africa.
  • The employment contract stipulating the conditions of employment that is signed by both the employer and the applicant is in line with the labor standards in South Africa and is conditioned on the general work visa being approved. 
  • Registration with the relevant professional body is required. 
  • A general work visa is issued for a period not exceeding five years.

Intracompany Transfer Work Visas

Intracompany transfer work visas are issued if an employee is seconded from his or her place of employment abroad to an affiliated company or branch in South Africa for a period of up to four years only and if the foreigner’s employment contract with the company abroad is valid for a period of not less than six months before transfer. These types of visas are nonrenewable and may be issued for a period of four years. The intent of this visa category is that the expatriate transfers his or her skills to South African employees and leave South Africa at the end of the four-year secondment. A plan must be developed for the transfer of skills to a South African citizen or permanent resident. The employer’s skills transfer plan must accompany the application. 

Corporate Work Visas

Corporate work visas may be issued to a corporate applicant to employ foreigners to conduct work for the applicant in South Africa. No corporate visa may be issued or renewed with respect to any business undertaking that is listed as “undesirable” by the Minister of Home Affairs. The corporate work visa application requires a certificate from the Department of Labor confirming the following: 

  • Despite a diligent search, the prospective employer has been unable to find a suitable citizen or permanent resident with qualifications or skills and experience equivalent to those of the applicant. 
  • The job description and proposed remuneration for each foreigner. 
  • The salary and benefits of any foreigner employed by the corporate applicant is not inferior to the average salary and benefits of citizens or permanent residents occupying similar positions in South Africa. 

An applicant for a corporate visa must provide proof that at least 60% of the total staff employed in the operations of the business is citizens or permanent residents employed permanently in various positions. This proof is also required during the duration of the visa. To qualify, the corporate applicant must conduct business in certain sectors, as published in the Government Gazette. 

The immigration authorities determine, in consultation with prescribed departments, the maximum number of foreigners to be employed under a corporate visa. The corporate applicant must undertake that it will take prescribed measures to ensure that foreign employees comply with the provisions of immigration legislation and the conditions of the corporate visa. In certain circumstances, the corporate applicant may be required to post financial guarantees to defray deportation or other costs if the corporate visa is withdrawn.

According to section 37 of the BCEA, an employee may give notice of his resignation, or an employer may give notice of termination of employment, within the following time periods:

  • One week’s notice, if the employee has been employed for six months or less.
  • Two weeks’ notice, if the employee has been employed for more than six months but less than one year.
  • Four weeks’ notice, if an employee has been employed for one year or more.
  • Four weeks’ notice, if an employee is either a farmworker or a domestic worker who has been employed for more than six months.

These are the minimum time periods allowed by law. The consent of both parties is required to agree to a shorter notice period. A retrenched employee must at least be paid 1 week’s pay for each completed year of ongoing service. However, the employer must pay the retrenched employee the amount specified in any policy or his/her employment contract, if that amount is larger.

These are mandatory benefits as postulated by law. These include annual leave, public holidays, sick leave, maternity leave, paternity leave, overtime pay, notice period, and severance pay. Statutory benefits also include social security benefits

The maximum normal working time allowed is 45 hours weekly. This is nine hours per day (excluding a lunch break) if the employee works a five-day week, and eight hours per day (excluding a lunch break) if the employee works more than 5 days per week.

Employees may work a maximum of 3 hours’ overtime per day – or 10 hours in any one week. Overtime remuneration is paid at 1.5x normal rate, and 2x normal rate for Sundays and public holidays

According to section 37 of the BCEA, an employee may give notice of his resignation, or an employer may give notice of termination of employment, within the following time periods;

  • One week’s notice, if the employee has been employed for six months or less.
  • Two weeks’ notice, if the employee has been employed for more than six months but less than one year.
  • Four weeks’ notice, if an employee has been employed for one year or more.
  • Four weeks’ notice, if an employee is either a farmworker or a domestic worker who has been employed for more than six months.

These are the minimum time periods allowed by law. The consent of both parties is required to agree to a shorter notice period.

Individual residents in South Africa are subject to tax on their worldwide income. Non-residents are subject to tax on income from a South African source. A person cannot be treated as a South African resident for tax purposes if he or she is a resident of another country under the “tiebreaker” rules of a double tax treaty applicable to the relevant income item.

Credit is granted in South Africa for foreign taxes paid. Non-residents are taxed on their South African sourced income. The same rates of tax are applicable to both residents and non-residents. Progressive tax rates apply for individuals

Taxable Income                Tax On Lower Amount (ZAR)            Rate On Excess(%)    

    0 to 195,850                                    0                                                      18

195,850 to 305,850                         35,253                                                 26

305,850 to 423,300                         63,853                                                 31

423,300 to 555,600                         100,263                                                36

555,600 to 708,310                         147,891                                                39

708,310 to 1,500,000                      207,448                                                41

1,500,000 and above                       532,041                                                45

 

South Africa does not have a social security system per se. However, South Africa does have contributions that are similar to social security contributions, such as Unemployment Insurance Fund contributions and Compensation Commission contributions. Limited unemployment insurance and accident or illness benefits are provided. The Unemployment Insurance Fund provides benefits to unemployed people and to dependents of deceased contributors. Employers and employees each contribute to the fund at a rate of 1% of the employee’s remuneration up to a remuneration limit of ZAR14,872 per month. Both local and foreign national employees are required to contribute to this fund. 

Employers are required to make contributions to the Compensation Fund, which was created under the Compensation for Injuries and Diseases Act to insure employees against industrial accidents or illnesses that result in death or disability. The Compensation Commissioner determines the amount of the contributions after the employer reports the annual total remuneration of employees. Contributions to the Compensation Fund are payable on annual remuneration of up to ZAR458,520 for the period of 1 March 2019 through 29 February 2020

Contribution                                                         Employer                                Employee

Unemployment Insurance Fund                               15                                            1%

Compensation Fund                        Contributions to the Compensation Fund

                                                      are payable on annual remuneration of up

                                                      to ZAR458,520

Employment Expenses: Certain limited expenses may be deducted by employees from their employment income. Such expenses include business-related travel, automobile, and entertainment expenses, with the amount that is deductible by an employee also being limited to the amount of the relevant allowance that is granted to the employee by their employer. A capital depreciation deduction is also available for allowance assets used in the course of employment. Legal fees incurred in respect of employment income are also deductible.

Personal Deductions

Charitable contributions: Donations to certain approved public benefit organizations are allowed as deductions, up to a maximum of 10% of taxable income.

Medical Expenses: Medical scheme contributions for taxpayers and their dependents (subject to certain maximum limits) convert to a specified monetary amount tax rebate. This rebate can be set-off against the person’s tax liability. The conversion rate for persons over the age of 65 and persons with a disability is higher. The contributions in excess of the specified credit amount as well as any other medical expenses are converted to medical tax rebates at a specified rate. Persons over the age of 65 and persons with a disability are subject to a higher conversion rate and are also not subject to a further threshold for the excess, which applies to persons under the age of 65 who have no disability.

Income insurance policy: Premiums paid on a loss of income insurance policy as a result of death, disablement, severe illness, or unemployment are not allowed as a deduction. However, a corresponding exemption results in none of the proceeds being taxable.

Retirement Funds: Contributions to a pension, provident, or retirement annuity fund are deductible (subject to certain maximum limits), provided that such funds are registered in South Africa. The harmonization of the tax treatment of payments to South African retirement funds to ensure consistent treatment of the contributions, irrespective of the type of retirement vehicle that the person is a member of, is effective from 1 March 2016

Business Deductions

If the taxpayer is carrying on a business in their individual capacity or in partnership, the deduction of business expenditure or losses is available to them on the same basis as to companies. Where the deductions and allowances permissible under the Income Tax Act exceed income, an assessed loss results which may be carried forward for set-off against income earned in future years.

 

The standard rate of VAT is 15%. Exports, certain foodstuffs and other supplies are zero-rated, and certain supplies are exempt (mainly certain financial services, residential accommodation and public transport).

Dividends: Dividends paid by one resident company to another resident company generally are exempt from dividends tax. Dividends paid to individuals, trusts, and foreign persons are subject to a 20% withholding tax (subject to the provisions of an applicable tax treaty). Dividends paid by a headquarter company are exempt from withholding tax.

Interest: Interest paid to or for the benefit of a nonresident is subject to a 15% withholding tax (subject to the provisions of an applicable tax treaty), to the extent that such interest accrues from a source within South Africa. Interest paid by a headquarter company is exempt from withholding tax in certain circumstances

Royalties: The rate of the withholding tax on royalties paid to a nonresident is 15%. The rate may be reduced under a tax treaty. Royalties paid by a headquarter company are exempt from withholding tax in certain circumstances.

Fees for technical services. There is no withholding tax on fees for technical services

 

    This will close in 20 seconds