In a move designed to protect vulnerable employees the Department of Employment and Labour is inviting interested stakeholders and parties on the intention to Deem Performers in the Performance of Advertising, Artistic, and Cultural Activities in South Africa as Employees.
Employment and Labour Minister Nomakhosazana Meth has signed the notice as per the government gazette on her intention.
In terms of the notice employees in these sectors will enjoy privileges enjoyed by other employees in other sectors in terms of coverage to various labour market legislations such as: The Basic Conditions of Employment Act (BCEA); the National Minimum Wage (NMW); and the Compensation for Occupational Injuries and Diseases Act (COIDA).
These processes form part of government's broader efforts to address reported challenges in the sector, including income insecurity, unsafe working conditions, and limited access to social protection, while ensuring that any regulatory intervention is evidence-based, consultative, and responsive to the realities of the industry.
This intention arises from widespread evidence and stakeholder representations indicating that performers in these sectors often operate under conditions characteristic of employment relationships, including fixed working hours, supervision, and payment for services rendered.
However, they are frequently excluded from basic labour protections due to their classification as “independent contractors".
This measure seeks to extend the fundamental protections of employment law to these vulnerable workers and provide a basis for regulatory and enforcement mechanisms that promote decent work in the creative economy.
The notice was published on 23 January 2026. Interested persons are invited to submit written representations regarding this proposal within 30 (working days) of publication of this notice to:
The Director-General: Department of Employment and Labour Attention: Acting Deputy Director General: Labour Policy and Industrial Relations Private Bag X117, Pretoria, 0001 or Email: SDinvestigations@LABOUR.gov.za
For media enquiries, please contact:
Teboho Thejane
Departmental Spokesperson
Cell: 082 697 0694
E-mail: teboho.thejane@labour.gov.za
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