Getting StartedSA Compliance

South African Compliance Guide

Master South African labour law, payroll compliance, and regulatory requirements. Understand SARS obligations, POPIA data protection, UIF contributions, and employment law compliance.

Important Notice

This guide provides general information about South African compliance requirements. Always consult with qualified legal and tax professionals for specific compliance advice.

Key Compliance Areas

SARS Tax Compliance

South African Revenue Service requirements

Requirements

  • Register as an employer with SARS
  • Monthly PAYE submissions (EMP201)
  • Annual reconciliation (EMP501)
  • UIF contributions and declarations
  • SDL payments and returns
  • Employee tax certificates (IRP5/IT3a)

Key Deadlines

PAYE: 7th of following month, EMP501: End of May

Labour Law Compliance

Basic Conditions of Employment Act (BCEA)

Requirements

  • Maximum 45 hours per week (or 40 hours)
  • Overtime compensation (1.5x normal rate)
  • Annual leave (21 consecutive days minimum)
  • Sick leave (30 days per 3-year cycle)
  • Maternity leave (4 consecutive months)
  • Written employment contracts

Key Deadlines

Ongoing compliance required

UIF & Workers Compensation

Unemployment Insurance and injury protection

Requirements

  • Register employees with UIF
  • Monthly UIF contributions (2% total)
  • Workers compensation registration
  • Annual workers comp returns
  • Injury on duty reporting
  • UIF benefit claim support

Key Deadlines

UIF: 7th of following month, Workers Comp: Annual

POPIA Data Protection

Protection of Personal Information Act

Requirements

  • Data protection impact assessments
  • Employee consent for data processing
  • Data security measures implementation
  • Privacy policy development
  • Data retention and deletion policies
  • Information officer appointment

Key Deadlines

Ongoing compliance since July 2021

Compliance Checklist

Registration & Setup

  • Register company with CIPC
  • Obtain SARS tax number
  • Register as employer with SARS
  • Register with UIF
  • Register with Workers Compensation
  • Open business bank account

Monthly Obligations

  • Process payroll accurately
  • Submit PAYE return (EMP201)
  • Pay PAYE to SARS
  • Submit UIF declarations
  • Pay UIF contributions
  • Update employee records

Annual Requirements

  • Submit annual PAYE reconciliation (EMP501)
  • Issue employee tax certificates (IRP5)
  • Submit workers compensation returns
  • Review and update policies
  • Conduct POPIA compliance audit
  • Update employment contracts

Common Violations & Penalties

ViolationPenaltyPrevention
Late PAYE Submissions10% of tax due (minimum R250)Set up automated reminders and submissions
Incorrect Tax CalculationsInterest on underpayments + penaltiesUse certified payroll software with updated tax tables
Missing UIF ContributionsInterest and penalties on outstanding amountsInclude UIF in payroll calculations and submissions
Overtime Non-ComplianceLabour court penalties + back payTrack working hours and apply overtime rates correctly
POPIA Data BreachesUp to R10 million or 10% of annual turnoverImplement data security measures and staff training

Key South African Legislation

Basic Conditions of Employment Act (BCEA)

1997

Minimum employment conditions and working time regulations

Labour Relations Act (LRA)

1995

Employment relationships, unions, and dispute resolution

Employment Equity Act (EEA)

1998

Workplace equity and elimination of discrimination

Skills Development Act (SDA)

1998

Skills development levy and workplace training

Unemployment Insurance Act (UIA)

2001

Unemployment benefits and maternity/illness benefits

Protection of Personal Information Act (POPIA)

2013

Data protection and privacy rights

Compliance Best Practices

Proactive Measures

  • Use certified payroll software with automatic updates
  • Set up automated reminders for deadlines
  • Conduct regular compliance audits
  • Maintain accurate and up-to-date records

Professional Support

  • Engage qualified tax and legal professionals
  • Join employer associations for updates
  • Attend compliance training and workshops
  • Subscribe to regulatory update services

Related Compliance Topics

Stay Compliant with PayMax

PayMax helps ensure compliance with South African regulations through automated calculations, deadline reminders, and up-to-date tax tables.