COSATU protest action 2026: What employers need to know

Employers across South Africa are being urged to take note of planned nationwide protest action linked to COSATU on Wednesday, 7 October, with the action expected to affect workplaces during the day.

Labourwise reported that COSATU has notified NEDLAC of its intention to proceed with the protest action, which is scheduled to take place from 09:00 to 16:30.

Why are workers protesting?

The action is taking place as part of this year’s World Day for Decent Work and is centred on several concerns affecting workers.

Labourwise reported that COSATU has highlighted retrenchments, non-compliance with the National Minimum Wage, the growing use of casual employment, pressure on collective bargaining rights and a lack of social protection and retirement funds.

The planned action will include marches and pickets in major cities and towns across the country.

What does this mean for employers?

For businesses, one of the key issues is how employee participation in the protest action should be handled.

The protest falls under Section 77 of the Labour Relations Act, which provides legal protection for employees taking part in protected protest action over socio-economic issues.

According to Labourwise, employees who participate in the action, or engage in conduct in anticipation or support of it, are protected by law.

Employers therefore should not take disciplinary action against employees who are absent because they are participating in the protected protest action. The exception applies to employees working in essential or maintenance services.

Can employees be paid if they do not work?

While employees may have protection from disciplinary action for participating in protected protest action, this does not necessarily mean they will be paid for the time they are absent.

Labourwise reported that employers may apply the “no work, no pay” principle to employees who do not report for duty.

The guidance also notes that there could be cases where the protection is abused, which would need to be considered individually.

Participation remains uncertain

Although participation in similar protest action in recent years has reportedly been limited, the level of participation on Wednesday remains uncertain.

Labourwise noted that the upcoming local government elections could potentially affect participation levels.

For employers, the immediate issue is therefore to understand the legal protections surrounding the planned action while also being aware of the rules relating to attendance and pay.

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