This year Cosatu again notified NEDLAC of its intention to embark on nationwide protest action on 7 October 2026 (Wednesday). This mirrors similar action taken over the last few years. What should employers do?

Background

The reasons provided for the protest action cover a wide range of issues, but this year it has been framed as follows: “This year’s World Day for Decent Work takes place at a time when workers are under siege from rampant retrenchments, non-compliance with the National Minimum Wage (NMW), increasing casualisation of jobs, escalating attacks on collective bargaining rights and lack of social protection and retirement funds.”

Planned activities

The protest action is scheduled to run from 09h00 to 16h30 on Wednesday, 7 October 2026, and will include marches and pickets in major cities and towns across South Africa.

Legal framework

The protest action falls under Section 77 of the Labour Relations Act, which provides legal protection for participants involved in protest action over socio-economic issues.

Guidance for employers

Employers should take note of the following:

• Legal protection: Employees participating in the action protest, or engaging in conduct in anticipation or support of it, are protected by law.
• Disciplinary action: No disciplinary measures should be taken against employees who are absent due to participation in protest action, except those in essential or maintenance services. There is the potential for abuse, which can be dealt with on a case-by-case basis.
• No work, no pay: Employers are entitled to apply the “no work, no pay” principle for employees who do not report for duty.

While participation in the last few years has been limited, it remains to be seen whether the upcoming local government elections will result in broader participation.

For further questions, you can email info@labourwise.co.za