On January 23, the Department of Labour proposed reclassifying creative performers as formal employees under the National Minimum Wage Act (NMW), thereby ensuring labour rights and job security.
The proposal, which includes performers across the advertising, artistic, and cultural sectors, seeks to reclassify creative performers as formal employees.
By transitioning performers from independent contractor status, the government aims to grant them access to essential labour rights, including regulated working hours, paid leave and severance pay.
The proposal aims to address the economic vulnerability of workers in the performance sectors who lack standard job security.
The proposal indicates that the change would include performers under the National Minimum Wage Act (NMW) and occupational injury legislation.
This means these performers will no longer be regarded as self-employed freelancers regarding basic rights; instead, they will be entitled to regular statutory protections and benefits.
The Minister of Employment and Labour for South Africa, Nomakhosazana Meth, stated that the decision to reclassify performers comes after considering the representations received from a previous proposal in 2019.
In the 2019 proposal, the Labour Minister at the time sought to classify individuals working in the film and television sector as formal employees, granting them access to rights under the Basic Conditions of Employment Act.
The reclassification in 2019 aimed to provide workers with access to annual leave, sick pay, maternity leave, and protection related to the NMW.
The primary changes involved the inclusion of individuals working in the film and television industry under several acts.
These acts are the National Minimum Wage Act 9 of 2018, the Compensation for Occupational Injuries and Diseases Act 130 of 1993, the Basic Conditions of Employment Act 75 of 1997, and Section 198B(10)(a) of the Labour Relations Act 66 of 1995.
Similarly, the most recent proposal on 23 January 2026, seeks to include performers beyond the film and television sectors, under various acts which protect their rights.
Potential changes for performers
All individuals involved in the above-mentioned performance sectors will now be entitled to the National Minimum Wage Act, which is being updated and renewed for 2026.
The proposed changes pertain to the following Acts:
1. Basic Conditions of Employment
Performers will be granted rights under the Basic Conditions of Employment Act, 1997. This ensures that their employers must adhere to the following regulations:
- Working Hours and Overtime: There are strict rules regarding ordinary working hours, meal intervals, rest periods, and overtime pay.
- Leave Entitlements: Performers have the right to annual leave, sick leave, and maternity leave.
- Administrative Rights: Employers must provide written particulars of employment (contracts), maintain accurate records, and issue formal payslips.
- Termination: There are protections related to notice periods for termination and eligibility for severance pay.
2. Minimum Wage Protection
Performers will be protected under the National Minimum Wage Act, 2018, ensuring they cannot be paid below the statutory minimum threshold.
3. Workplace Injury Coverage
Performers will be covered by the Compensation for Occupational Injuries and Diseases Act, 1993 (COIDA).
This means that if a performer is injured or contracts a disease while working, they are eligible for compensation.
4. Job Security for Long-Term Contracts
Under the Labour Relations Act, 1995, specific protections apply to fixed-term contracts that extend beyond 24 months, offering greater job security for long-term engagements.
The proposal is not yet finalised, as it is currently a notice of intention.
Minister of Employment and Labour, Nomakhosazana Meth, has invited interested individuals to submit written representations (comments or objections) regarding this proposal within 30 days of the publication date of the notice, which was 23 January 2026.