BCEA, LRA and the 2025 Dismissal Code

A labour inspector can ask for three years of records, without an appointment.

Section 31 wants the name, occupation, hours worked and pay of every employee, kept for three years from the last entry. Synthro keeps that record as the work happens, so producing it is an export rather than a search through four inboxes.

12 months

The compensation ceiling

For an unfair dismissal, under section 194 of the LRA

30 days

To refer a dismissal to the CCMA

From the date of dismissal. The clock your file races

21 days

Annual leave per year

The BCEA statutory minimum

45 hrs

Maximum working week

Before overtime obligations apply

Where it goes wrong

The mistakes that lose a case you should have won.

Working-hours violations

An employee works 50 hours and claims overtime you never tracked. The Department of Labour fines you R5,000 per violation. Synthro tracks hours automatically and alerts you the moment someone crosses 45 hours.

Wrong leave calculations

You grant 15 days of annual leave believing it is correct. The BCEA requires 21. Synthro calculates every leave type - annual, sick, family responsibility - on the exact statutory formula.

Missing employment contracts

A new hire works two months without a signed contract and the CCMA rules the dismissal unfair. The BCEA requires a contract within one month. Synthro generates a compliant one the moment you add an employee.

Unfair dismissals

You let someone go for poor performance and cannot show what was raised with them first. There is no fixed number of warnings, but the 2025 Code does expect guidance, a reasonable chance to improve, and a chance to respond. Synthro keeps warnings, PIPs and hearings on one file.

No proof at the hearing

The CCMA asks for evidence you followed procedure. You search your inbox for two hours and find nothing. Synthro logs every action with a timestamp - instant proof of compliance when it matters.

Probation-period errors

You extend probation to nine months and the employee challenges it. The BCEA caps probation at six. Synthro tracks probation periods, warns you before expiry, and prevents unlawful extensions.

The shape of the obligation

The BCEA is not a checklist. It is four duties, in order.

Each stage of the employment relationship carries its own statutory duty, and each one is proved by a different record. Here is what has to happen at every stage, and what Synthro keeps on file while it does.

When you take somebody on

The BCEA gives you one monthto put written particulars of employment in the employee's hands. Miss it and every later step - probation, warnings, dismissal - is argued from a contract that does not exist.

Lives in Onboarding

What Synthro does

  1. 1Compliant contract generated on addDay one
  2. 2Signature captured and timestamped
  3. 3Probation period set and capped
  4. 4Expiry warning before it lapses

Your compliance baseline

Everything the BCEA expects, tracked in one place.

Employment contracts issued within one month
Leave calculations compliant with BCEA schedules
Working hours tracked and limited to 45 per week
Overtime paid at the correct statutory rates
Sick leave documented with medical certificates
Family-responsibility leave properly tracked
Maternity-leave procedures followed
Notice periods meeting BCEA minimums
Termination procedures fully documented
Disciplinary hearings recorded
Warning letters issued and acknowledged
Final pay calculated correctly
All HR documentation timestamped
Audit trail maintained for CCMA cases

The cost of getting it wrong

Compensation for an unfair dismissal is capped at 12 months of the employee’s remuneration under section 194 of the LRA, and 24 months where the dismissal was automatically unfair. Those are the ceilings, not the averages. The cost employers underestimate is the management time.

CCMA-ready by default

Every action is logged with a timestamp, giving you instant proof of compliance. Businesses with proper documentation win 95% of cases.

Zero manual tracking

BCEA compliance is built in, not bolted on. No spreadsheets, no missed deadlines - just records that hold up the day they are tested.

Protect your business today.
Audit-ready from day one.

Book a personalised demo and see how Synthro keeps you on the right side of SA labour law.

More on leave in South Africa

The rest of the Synthro leave toolkit - guides, templates and the payout calculator.