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Good workplace documentation helps employees understand what is expected, enables managers to apply rules consistently and provides evidence during an inspection or dispute.
There is no document pack for every South African employer. Some records are required by law, while others depend on the employer’s industry, workforce and risks. Certain policies are not prescribed in a standard format but remain important for managing employees fairly.
1. Written Employment Particulars
Section 29 of the Basic Conditions of Employment Act 75 of 1997 (BCEA) requires an employer to provide an employee with specified written particulars when employment begins. These include:
- the employer’s details and the employee’s occupation or job description;
- the place of work and commencement date;
- ordinary working hours and days;
- remuneration, overtime rates, deductions and payment frequency;
- leave entitlements; and
- the required notice period or end date of a fixed-term arrangement.
A properly drafted employment contract is generally the most practical way to record these particulars. It should also address relevant matters such as confidentiality, commission, remote work or company property.
When a term changes, the written particulars must be updated and the employee must receive a copy. They must generally be kept for three years after employment ends. Limited exclusions apply in certain circumstances, including to employees who work fewer than 24 hours a month.
2. Time, Leave and Remuneration Records
Section 31 of the BCEA requires employers to keep prescribed records, including each employee’s name and occupation, time worked and remuneration paid. These must generally be retained for three years from the date of the last entry.
Section 33 also requires prescribed written information to be provided on payday, usually through an itemised payslip. Employers should therefore keep accurate:
- attendance, timekeeping and overtime records;
- leave applications and balances;
- payslips and payroll records;
- commission, bonus and allowance records; and
- written deduction authorisations.
Section 34 of the BCEA generally requires written agreement for a specified deduction or another lawful basis, such as legislation, a collective agreement, court order or arbitration award.
3. Workplace Policies and Procedures
Not every workplace policy is expressly required by legislation. However, an employer may need to prove that a valid and reasonable rule existed, that the employee knew or should have known it and that it was applied consistently.
The Code of Good Practice: Dismissal, effective from 4 September 2025, guides dismissals for misconduct, incapacity and operational requirements. A practical policy set may include:
- a disciplinary code and procedure;
- a grievance procedure;
- leave, attendance and overtime rules;
- a performance-management procedure;
- information technology and social-media rules; and
- confidentiality, remote-work or substance-use policies where relevant.
The Code of Good Practice on the Prevention and Elimination of Harassment in the Workplace states that employers should adopt and effectively communicate a harassment policy.
Policies should be accessible and explained in a manner employees understand. Employers should retain proof that employees received them and any related training. SEESA’s guide to the correct disciplinary process in South Africa explains how workplace rules fit into a fair process.
4. Disciplinary, Performance and Grievance Records
The Labour Relations Act requires a fair reason and procedure for dismissal. Employers should keep documents showing what was investigated, what the employee was told, how the employee responded and why a decision was made.
Relevant documents may include complaints, investigation notes, evidence, hearing notices, minutes, warnings, findings and appeal records. Performance files may require records of standards, counselling, support and opportunities to improve. Incapacity files should record consultations and alternatives considered.
Misconduct, poor performance and incapacity require different responses. SEESA’s article on choosing the correct workplace process explains these distinctions.
Employers should not backdate, recreate or alter documents once a dispute has arisen. Contemporaneous records can help establish what occurred and whether the process was fair. Read more about reducing CCMA dispute risk.
5. Termination Documents
The documents required when employment ends depend on the reason. They may include a resignation, notice of termination, disciplinary or incapacity outcome, mutual-separation agreement or retrenchment records.
For retrenchment, employers should keep the section 189 notice, consultation records, information disclosed, representations received, the employer’s responses, selection criteria and calculations.
Section 42 of the BCEA entitles an employee to a certificate of service when employment ends. Employers should also keep the final remuneration and accrued-leave calculations and proof of payment. Before confirming a dismissal, use SEESA’s three checks for employers.
6. Statutory and Industry-Specific Documents
Section 30 of the BCEA requires the prescribed summary of employees’ BCEA rights to be displayed in the official languages spoken in the workplace.
Depending on the business, additional documents may include:
- an applicable bargaining-council main agreement and wage schedules;
- occupational health and safety appointments, risk assessments, inspections, training and incident records;
- UIF registration, monthly declarations and contribution records;
- Compensation Fund registration, Return of Earnings, assessment and injury-on-duty records; and
- valid work authorisation and verification records for foreign-national employees.
Employers should confirm which industry requirements apply. SEESA’s overview of bargaining councils explains why obligations differ between sectors.
7. Employment Equity Records
All employers are subject to the Employment Equity Act’s prohibition of unfair discrimination. Additional affirmative-action duties apply to designated employers, generally including employers with 50 or more employees, organs of state and employers designated by a collective agreement.
Under the 2025 Employment Equity Regulations, designated employers must retain records of consultation, workplace analysis, their Employment Equity Plan, annual targets, monitoring and reporting.
The current Regulations prescribe five-year retention periods for submitted EEA2 and EEA4 documents. An Employment Equity Plan must be kept for five years after it expires. Read SEESA’s update on the Employment Equity rules for 2026 for further guidance.
Protect Employee Records Under POPIA
Employment files contain identity, banking, medical and disciplinary information. The Information Regulator confirms that employers must use appropriate technical and organisational safeguards to protect personal information.
POPIA also provides that personal information should not be kept longer than necessary unless retention is required or authorised. Employers should use secure storage, access controls and a retention schedule that accounts for the different statutory periods.
Keep Your Workplace Documents Current
Having a template does not automatically make an employer compliant. Documents must reflect current legislation, applicable industry requirements and the employer’s actual practices. They must also be communicated and applied consistently.
Regular reviews can identify outdated contracts, missing records and unsuitable policies. SEESA Labour Law services can assist with contracts, disciplinary codes, workplace policies, dismissals, retrenchments and disputes.
This article provides general information and does not constitute legal advice. Requirements may differ according to the employer’s industry, workforce, collective agreements and circumstances.
Contact a SEESA Labour Law professional to review the documents required for your workplace.