Skip to main content

Table 1 Policy and legislative documents relevant to maternity protection in South Africa

From: Maternity protection for female non-standard workers in South Africa: the case of domestic workers

Constitution Department of Justice: Constitution of the Republic of South Africa (1996)

Legislation

Department of Labour: Labour Relations Act (1995)

  • Amendment No. 12 of 2002

  • Amendment No. 6 of 2014

Department of Labour: Basic Conditions of Employment Act (1997)

  • Amendment No. 11 of 2002

  • Sectoral Determination 7: Domestic Worker Sector of 2002

  • Sectoral Determination 13: Farm Worker Sector of 2006

  • Amendment No. 20 of 2013

Department of Labour: Employment Equity Act (1998)

  • Amendment No. 47 of 2013

Department of Labour: Promotion of Equality & Unfair Discrimination Act (2000)

Department of Labour: Unemployment Insurance Act (2001)

  • Amendment No. 10 of 2016

  • Amendment Regulations 2018

Department of Labour: Unemployment Insurance Contributions Act (2002)

Labour Laws Amendment Bill 2017

Policy

 Department of Health: Infant & Young Child Feeding Policy (2013)

 Department of Public Service & Administration: Determination and Directive on Leave of Absence Policy (2015)

Guideline

 Department of Labour: Code of Good Practice on the Protection of Employees during Pregnancy and after the Birth of the Child (1998)

 Department of Labour: Code of Good Practice on the Arrangement of Working Time (1998)

 Department of Labour: Code of Good Practice on the Integration of Employment Equity into Human Resource Policies and Practices (2005)

 Department of Health: Tshwane Declaration of Support for Breastfeeding in South Africa (2011)

 Department of the Presidency: National Development Plan (2012)

 Congress of South African Trade Unions (COSATU): Maternity Protection Position Paper (2016)

 Department of Health: Nutrition Guidelines for Early Childhood Development Centres (2017)

 Department of Health: Supporting Breastfeeding in The Workplace Booklet (2018)

 Socio-economic Rights Institute (SERI): Domestic Workers’ Rights: A Legal and Practical Guide (2018)

 Project 143: Discussion Paper 153 on Maternity and Parental Benefits for Self-employed Workers in the Informal Economy (2021)