Employer of recordSouth Africa

Employer of Record South Africa

South Africa’s complex labor regulations often present challenges for businesses. Agility provides a streamlined solution for hiring local talent.

Currency

Rand (ZAR)

Population

60M

Capital city

Cape town

Minimum wage

R27.58 per hour

Local language

Zulu, Xhosa and English

Working hours

45 hours per week

Need help hiring South African workers?

What is the payment frequency in South Africa?

Payroll in South Africa can be monthly, bi weekly or weekly.

What is South Africa employee tax rate? - 1% to 42%
  • Unemployment insurance fund: 1%
  • Income tax: 0% – 41%
What are the employer contributions in South Africa? - 2.5% to 3%
  • Unemployment insurance fund: 1%
  • Workers compensation fund: 0.5% – 1%
  • Skill development levy: 1%
What is the typical probation period in South Africa?

Typically a probation period is 3 months long.

South Africa Employment Law
  • Safe Place of Work
  • Whistleblower Protection
  • Reasonable Accommodation
  • Equal Treatment and Non-Discrimination
  • Written Employment Contract
  • Union Membership
  • Protection from Unfair Dismissal
  • Overtime Pay
How do you terminate an employee in South Africa?

Termination can occur by mutual agreement, with notice, or without notice in cases of serious misconduct. Notice periods are typically 1 week for less than 6 months of service, 2 weeks for 6 months to 1 year, and 1 month for more than 1 year.

Dismissals must be for fair reasons, such as operational requirements or misconduct, and follow a fair procedure, including a disciplinary hearing where the employee can respond. Written notice specifying the reason and date of termination is required.

Employees dismissed due to redundancy are entitled to severance pay, generally equivalent to 1 week’s salary per year of service.

Employer of record in South Africa

When you hire in South Africa, the Employer of Record acts as the legal employer for your workers, taking care of the entire employment life cycle. This includes handling all the legal legwork, such as payroll, taxes, mandatory benefits, employment contracts, and ensuring compliance with South Africa labor laws.

  • Manages all employment aspects
  • Acts as a legal employer
  • Simplifies hiring
  • Compliantly employing a worker

How does an Employer of Record South Africa work?

Agility

We handle the legal aspects of hiring workers, including managing HR, benefits, payroll, and taxes.

Company

Focuses on core business activities. Manages assigned employee’s tasks and performance.

Employee

Performs the assigned work, just like any other employee.

Employee benefits

Statutory benefits

Unemployment Insurance Fund (UIF):

Provides short-term financial assistance for unemployment, illness, maternity leave, and adoption leave.

Compensation for Occupational Injuries and Diseases (Workers’ Compensation Fund)

Covers medical costs and compensation for employees who suffer work-related injuries or diseases.

Common additional benefits

  • Medical Aid Contributions
  • Retirement Fund Contributions
  • Performance Bonuses
  • Car Allowance
  • Housing Allowance
  • 13th Cheque
  • Flexible Working Hours
  • Life and Disability Insurance
  • Paid Maternity/Paternity Leave
  • Wellness Programs
  • Professional Development and Training
  • Education Assistance
  • Travel Allowance

Statutory leave

  • 21 consecutive days of annual leave
  • 4 months maternity Leave
  • 10 days parental leave
  • 3 days bereavement leave

Wondering if expanding in South Africa is right for you?

Global Reach

FAQs

If you don’t find the answers you need in our FAQ, please reach out directly; Agility’s friendly specialists are always available to help and ensure you feel confident in your decisions. Contact Agility anytime at hello@agilityeor.com or call +44 207 863 2969, and experience the difference of a truly service-led EOR partner.

What is an Employer of Record?

Think of it like this: Agility EOR becomes the legal employer of your employees, taking care of all the paperwork and compliance headaches.

Agility EOR
  • We manage the onboarding process and ensure everything’s in order before your employee starts
  • We make sure your employees are treated fairly and compliantly in their relevant territory
  • We take care of all HR matters, and can answer any and all HR queries you may have e.g. maternity/paternity leave, holidays, sick pay, and more
  • We provide compliant contracts, process local payroll, and file taxes
  • We issue payslips and handle payments to the employee and authorities
Your company
  • You find and manage your employees’ daily tasks
  • You support their development through their work
  • You follow our guidance on employment laws and best practices
  • You ensure payroll bills are paid to Agility EOR on time
Benefits of using an Employer of Record (EOR)
  • Faster and easier hiring: No need to set up your own legal entity.
  • Reduced risk and compliance burden: We handle the legal and administrative complexities.
  • More time and resources: Focus on your core business while we manage your employees.
How can I employ someone in South Africa?

There are various ways to employ people in Slovenia, each with differing levels of costs and compliance:

Employee is employed by you and paid by you from your overseas company
  • Pros: It appears to be the most affordable and straightforward choice.
  • Cons: There would be application of South African employment legislation and the employee will not be able to make the legally mandated social security contributions.
Entity set-up
  • Pros: This may be the most inexpensive option if you need to hire a large staff—usually more than fifteen—for your business.
  • Cons: Creating a formal corporate structure and keeping up tight adherence to South African tax and employment laws can be expensive and time-consuming, particularly for smaller enterprises. For companies with fewer than 15 employees, this strategy frequently becomes unfeasible.
Using an Employer of Record
  • Pros: Employer of Record services are the fastest and least expensive way to handle payroll, HR, and compliance work in South Africa. This is especially true when it comes to setting up employer-employee relationships for groups of less than fifteen people.
  • Cons: Expensive to hire a big staff. It can be challenging to decide which Employer of Record provider to select.
Hire a contractor in South Africa
  • Pros: This option works well when the employee isn’t contracted to your business and can send a stand-in for them on their days off.
  • Cons: Hiring a full-time employee who is just committed to your business without obtaining the appropriate employment classification is illegal in South Africa. A misclassification like this may result in fines or even criminal proceedings.
Can I employ an independent contractor in South Africa?

As long as the employee is employed by other businesses, has the autonomy to choose how best to complete their tasks, and has the ability to designate a substitute contractor for their absence.An individual who works exclusively for your business and whose responsibilities are set by your firm is required by law to be considered an employee in South Africa. To do otherwise would be to violate employment law in South Africa.

In South Africa, misclassifying an employee may result in hefty fines, extra holiday pay and social security contributions to be paid, the requirement to set up a local presence, or even legal action from the employee for violation of their rights at work.

How do I set-up a company in South Africa?

First things first: you need to register your firm with the Commercial Register and get a trading license from the appropriate authorities in South Africa.

Though the initial registration process seems straightforward, setting up a physical office for tax purposes, opening a bank account in South Africa (which frequently necessitates physical presence), handling payroll software that complies with South African regulations, and meeting tax filing requirements all add complexity to the setup process.

HR compliance in South Africa. Payroll compliance in South Africa. Why is it important?

Employing staff in South Africa entails following certain regulatory requirements. Said another way, HR compliance guarantees that your business adheres properly to all laws pertaining to employment and work practices.

Why, though, is it so crucial? HR compliance protects your company and your employees in South Africa; it’s more than just following the rules. Respecting labor laws ensures that your employees receive equitable treatment. These standards cover things like annual and sick leave, minimum salary, and suitable working hours. This promotes a healthy work atmosphere and reduces the possibility of fines, legal ramifications, and even litigation due to non-compliance.

When using an Employer of Record in South Africa, who handles filing and paying employee taxes and social insurance?

Tax and social security requirements are made simpler when Agility EOR serves as your Employer of Record in South Africa. Our team takes care of all employee-related paperwork and payments, guaranteeing full compliance, allowing you to worry-free concentrate on operating your company.

What legal obligations remain for my company when using Agility EOR as our Employer of Record in South Africa?

Agility EOR manages the complexities of employment law and compliance in South Africa, but your company is still in charge of managing your team on a daily basis, including handling performance issues, enforcing discipline when needed, and promoting a positive work environment through open communication.

Agility EOR handles the legal side of things in South Africa, so you can focus on managing your team and their daily tasks.

What taxes need to be paid in South Africa?

In South Africa, both employers and employees are required to make tax contributions. Employers are responsible for three main social security payments: contributions to the Unemployment Insurance Fund (UIF), the Skills Development Levy (SDL), and Compensation for Occupational Diseases.

Employees, on the other hand, must pay income tax through the Pay-As-You-Earn (PAYE) system and make contributions to the Unemployment Insurance Fund.

Are employee rights and benefits truly protected when using and Employer of Record in South Africa?

Workers that have a conventional employment contract and are covered by legal safeguards are employed by a South African Employer of Record. Together with any available tax credits, this also includes statutory benefits like sick pay, maternity leave, and yearly leave. It is noteworthy that the South African public healthcare system extends coverage to all citizens, not only those who work there.

What is employer of record?
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South Africa Employer of Record Benefits

When you choose Agility EOR to expand in South Africa, we guarantee an EOR Service tailored to the needs of your business

Compliance

We are on top of regulatory changes in South Africa so you can relax

Cost reduction

Allow our economies of scale to work in your favour.

High service levels

You and your employees have a dedicated account manager.

Fixed cost pricing

We will agree our professional fees up front based on your needs – no nasty surprises!

Consolidated invoicing & payments

Make one monthly payment to cover all your tax, social and wages costs from one to one thousand employees.

Fast delivery

You can have 'boots on the ground' within days on our infrastructure.

Reduced risk

All wage taxes are remitted in full to the South African authorities by professionals ensuring liabilities are met, giving you peace of mind.

Supply chain transparency

We only pay employees through local full employed solutions meaning South African payroll tax is paid on all funds.

Save time and money

Our expertise is at your disposal. The need for you to have internal HR, Payroll and admin staff is eliminated.