Let’s talk about the legal landmines of recruitment compliance in South Africa.
You may think hiring is just about picking the best CV and calling it a day. However, in reality, it’s a three-act compliance play starring the BCEA, the EE Act, and POPIA — and you definitely don’t want to miss your lines.
So, buckle up, boss. Next, here’s the plain-English version of what you need to know (without the legalese headache).
1. BCEA and Recruitment Compliance
AKA: The labour law bible.
This is the Act that says you can’t pay someone R50 a day and call it an internship.
Here’s what you must do:
- First, specify working hours (including breaks and overtime)
- Also, follow minimum wage laws
- Next, provide proper leave entitlements (annual, sick, family responsibility, etc.)
- Finally, offer a signed employment contract — not just a friendly email and good vibes
A big mistake, however, is hiring someone with a handshake and saying, “We’ll sort the paperwork later.” Spoiler alert: you’ll end up sorting it at the CCMA.paperwork later.” Spoiler alert: you’ll end up sorting it at the CCMA.
2. EE: Employment Equity Act and Recruitment Compliance
No, it’s not just for big companies with HR teams and fancy coffee.
If your business has 50 or more employees, or makes a certain amount of money each year, then you’re officially on the EE radar.
So, here’s what you must do:
- First, avoid discrimination when hiring
- Next, make sure your hiring reflects the right mix of people
- Also, add EE disclaimers in your job ads
- Finally, collect and report EE data properly
That “must be under 30, bubbly, and good-looking” job ad? Well, it’s illegal and really bad. So, fix it—fast!
3. POPIA: Protection of Personal Information Act
Yes, this applies to CVs in your inbox too.
In fact, POPIA is not just for IT experts and data privacy officers. It applies as soon as you collect any personal information from a candidate. (Yes—even if they emailed you first.)
So, here’s what you must do:
- First, get consent before storing or sharing applicant data
- Then, secure CVs and interview notes (no more printing and leaving them at reception!)
- Also, only collect information that is relevant
- Finally, delete or anonymise candidate data after a reasonable time if they are not hired
For example, sharing a CV with a friend at another company “because this guy looked good”? That’s a POPIA breach. And yes, SARS knows about it too.
Bonus: What Non-Compliance Actually Looks Like
- Hiring without contracts? Risky
- Ghosting candidates after interviews? Unethical (and possibly reportable)
- Asking inappropriate questions? Illegal
- No paper trail? Disastrous
Final thought:
Remember, compliance isn’t just about ticking boxes — it’s about protecting your business, your team, and your sanity.
The good news is, you don’t have to do it alone.
With TeamMaster HR, you get help handling recruitment the right way — from contracts to compliance. This means you can hire fast, smart, and legally.
So, you can focus on finding the right person, not worrying about defending the wrong process.
