SA Proposes Employee Status for Performers, Seeks Public Comment

The department said the proposal forms part of broader government efforts to tackle income insecurity, unsafe working environments and limited access to social protection in the creative and cultural industries.

The Department of Employment and Labour has invited public comment on a proposal to classify performers in South Africa’s advertising, artistic and cultural sectors as employees, a move aimed at extending stronger labour protections to workers in the creative industries.

Employment and Labour Minister Nomakhosazana Meth has signed a notice, published in the Government Gazette on 23 January 2026, setting out the department’s intention to reclassify performers who are currently treated as independent contractors.

Full labour protections proposed

If adopted, the proposal would bring performers under key labour legislation, including the:

• Basic Conditions of Employment Act (BCEA)

• National Minimum Wage Act (NMW)

• 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 wage coverage, regulated working conditions and access to compensation for workplace injuries.

Addressing vulnerabilities in the creative sector

The department said the proposal forms part of broader government efforts to tackle income insecurity, unsafe working environments and limited access to social protection in the creative and cultural industries.

“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 in a statement.

According to the Gazette notice, the proposal is informed by extensive evidence and stakeholder submissions showing that many performers operate under conditions that closely resemble employment relationships—such as fixed working hours, supervision and payment for services—despite being formally classified as contractors.

As a result, many performers are currently excluded from basic labour protections, a gap the department says the proposed measure seeks to close.

Call for public input

Interested stakeholders and members of the public have 30 working days from the publication date to submit written representations to the Director-General of the Department of Employment and Labour, either by post or via email at SDinvestigations@labour.gov.za.

The department said feedback received during the consultation process will inform final decisions on improving regulation, enforcement and the promotion of decent work in South Africa’s growing creative economy.