All employees are covered by the Basic Conditions of Employment Act (No. 75 of 1997) except the following:
- Members of the National Defence Force, the National Intelligence Agency, and the South African Secret Service
- Unpaid voluntary employees who do work for a charitable organisation
- Employees who work for an employer for less than 24 hours a month
- Employees on vessels at sea where the Merchant Shipping Act (1951) is applicable
Certain special provisions apply to companies employing fewer than ten employees.