South Africa’s labour landscape may soon close one of its oldest trapdoors: precarious work dressed up as flexibility. Proposed amendments to the Basic Conditions of Employment Act seek to regulate so-called “on call contracts”, “zero hour contracts”, “min-max contracts”, and “if and when contracts” that have often left workers permanently available, yet never permanently secure.

These arrangements are commonly used where employers want labour on demand. They appear in the film, television and advertising industries where crews are assembled project by project, in agriculture during harvest peaks, in hospitality during busy seasons, in retail during promotional surges, and across sectors facing fluctuating demand. Used fairly, they can offer genuine flexibility. Used badly, they can become a magician’s contract: the employee is always there, but the guaranteed income disappears.

Many workers under these agreements face uncertainty over hours, income, leave accrual, scheduling, and the ability to plan family life or hold second employment. They may be expected to remain available at short notice, only to receive little or no work. Some carry all the inconvenience of employment with few of the benefits.

The proposed amendments aim to introduce clearer protections. While final wording remains subject to the legislative process, the direction is toward requiring prescribed clauses dealing with matters such as minimum guaranteed hours or pay, notice periods for shifts, cancellation rules, availability expectations, payment terms, and clearer statements of rights. In short, if flexibility is the engine, fairness must now be the brakes and steering wheel.

For employees, this could bring greater income certainty, more predictable scheduling, and stronger protection against one-sided arrangements. For employers, it means reviewing workforce models, budgeting more carefully, and ensuring contracts comply with the new framework. Businesses relying on outdated templates may find that yesterday’s paperwork becomes tomorrow’s dispute.

Industries that depend on seasonal, project-based, or surge staffing should act early. Properly drafted compliant contracts can still preserve operational agility while reducing legal risk. A smart agreement can be both flexible and fair.

Our firm welcomes reforms that balance commercial reality with dignity at work. We advise businesses, producers, farms, agencies, and workers on updating contracts, workforce structuring, compliance, and dispute prevention. When legislation changes, the safest place to be is ahead of it, not underneath it.