SA Proposes Employee Status for Performers to Extend Full Labour Protections

The department said the reform is aimed at tackling long-standing challenges in the creative and cultural industries, such as income insecurity, unsafe working conditions and limited access to social protection.

The Department of Employment and Labour has opened public consultation on a proposal to classify performers in South Africa’s advertising, artistic and cultural sectors as employees, a move that could significantly strengthen protections for vulnerable workers in the creative economy.

Employment and Labour Minister Nomakhosazana Meth has signed a notice, published in the Government Gazette on 23 January 2026, outlining the department’s intention to end the routine classification of performers as independent contractors and bring them under the ambit of core labour legislation.

Equal rights under labour law

If adopted, the proposal would extend coverage of key laws to performers, including the Basic Conditions of Employment Act (BCEA), the National Minimum Wage Act (NMW) and the Compensation for Occupational Injuries and Diseases Act (COIDA). This would grant performers the same rights and protections enjoyed by employees in other sectors, including minimum wages, regulated working hours, and access to compensation for workplace injuries.

The department said the reform is aimed at tackling long-standing challenges in the creative and cultural industries, such as income insecurity, unsafe working conditions and limited access to social protection.

Evidence-based reform for the creative economy

According to the notice, the proposal is informed by extensive evidence and stakeholder submissions showing that many performers operate under conditions that closely resemble employment relationships. These include fixed working hours, direct supervision and payment for services rendered, despite being formally labelled as independent contractors.

As a result, many performers are currently excluded from basic labour protections. The department said the proposed reclassification seeks to close this regulatory gap, improve enforcement, and promote decent work in South Africa’s expanding creative economy.

“These processes are aimed at ensuring that any regulatory intervention is evidence-based, consultative and responsive to the realities of the industry,” the department said.

Public invited to comment

Stakeholders and members of the public have 30 working days from 23 January 2026 to submit written representations to the Director-General of the Department of Employment and Labour. Submissions may be made by post or via email at SDinvestigations@labour.gov.za.

Call to action: creatives urged to engage

The department has encouraged performers, production houses, advertisers, unions and industry bodies to participate actively in the consultation process, noting that early engagement will be critical in shaping a fair and workable regulatory framework for the creative sector.