On 23 January 2026, the Department of Employment and Labour (DEL) published a notice (Notice) confirming the Minister of Employment and Labour’s (Minister) intention to deem “all performers in advertising, artistic and cultural activities as employees” in respect of certain provisions under the Basic Conditions of Employment Act 75 of 1997 (BCEA); the National Minimum Wage Act 9 of 2018 (NMWA); the Compensation for Occupational injuries and Diseases Act 130 of 1993 (COIDA); and the Labour Relations Act 66 of 1995 (LRA). Interested parties have 30 days to make written representations on the intention to deem performers as employees.

Why the notice?

In December 2019 the DEL first issued a notice proposing to deem “film and television industry workers” as employees under the NMWA, COIDA and certain BCEA and LRA protections. That proposal did not result in any further legislative processes, with the notice having lapsed in early 2020. However, on 23 January 2026, the Minister issued the Notice.

The Notice indicates the Minister’s intention to deem “all performers in advertising, artistic and cultural activities as employees” for the purposes of:

• BCEA: Protections around working time, leave entitlements, written particulars of employment, notice periods, record keeping of remuneration, termination and severance pay.
• NMWA: Provision of a minimum wage.
• COIDA: Compensation claims as employees who are injured or become diagnosed with an occupational disease. Performers in the identified industries will be entitled to the Compensation Fund if they are injured or fall ill due to work.
• LRA: Protections for fixed-term employees.

The Notice provides that the Minister has also considered the representations received following the 2019 notice.

The Notice explains that these workers are frequently labelled as “independent contractors” despite conditions mirroring employment relationships.

The Notice also describes workers in the identified industries as vulnerable and seeks to: “extend the fundamental protections of employment law … and provide a basis for regulatory and enforcement mechanisms that promote decent work in the creative economy”.

The Minister has also requested the National Minimum Wage Commission to investigate wage and employment conditions in the sector, with a possible sectoral determination to follow.

The Minister is exercising his powers under section 83(2)(a) and (b) of the BCEA. If this carries, it will be the first time that any Minister of Employment and Labour has exercised these extensive powers. It will extend the employment protections to people who are currently independent contractors and provide them with benefits as if they were employees. This would also set a precedent which may be followed by the Minister in other industries. 

Scope of the Notice 

However, some immediate questions under the Notice are unclear:

• Who will be deemed to be performers.
• What is meant by an advertising, artistic and cultural activity.

While the Notice refers to “all performers in the performance of advertising, artistic and cultural activities”, it appears from a media statement issued by the DEL that the DEL’s intention is to classify “performers and crew members in the film, television, advertising, artistic and cultural sectors as employees”. The media statement is not consistent with the Notice.

Practical implications

For businesses operating in these industries, this will have a significant impact on the existing contracting arrangement with “performers” and how business is conducted. Contractor agreements would then also need to be assessed for a misclassification risk, particularly where relationships resemble that of employment.

Interested parties have 30 days from the date the Notice was published to submit written representations to the Director-General, Acting Deputy Director-General: Labour Policy and Industrial Relations, at Private Bag X117, Pretoria, 0001, or SDinvestigations@labour.gov.za.