Towards a Dependent Contractor Category in South Africa: Emerging Regulatory Responses to the Classification of Location-Based Platform Workers

Author Zwivhuya Mashele

ISSN: 2413-9874
Affiliations: Lecturer, School of Law, University of Pretoria; LLB (Venda), LLM (Venda)
Source: Industrial Law Journal, Volume 47 Issue 4, 2026, p. 2248 – 2273
https://doi.org/10.47348/ILJ/v47/i4a3

Abstract

Location-based platforms such as Uber manage work through digital applications but classify workers as independent contractors, which excludes them from essential labour law protections. This classification has sparked scholarly debate worldwide. In South Africa, it has prompted calls for regulatory intervention. This article evaluates South Africa’s proposed legislative response to the classification of platform work, including amendments proposed by the Labour Relations Amendment Bill (LRAB) and the Employment Services Amendment Bill (ESAB) published in February 2026. The ESAB, inter alia, introduces a new category of ‘worker’. The LRAB proposes adding Schedule 11, which expands the definition of ‘employee’ and extends collective labour rights, such as freedom of association, collective bargaining and the right to strike, to dependent contractors. The article concludes that these developments signify a shift towards acknowledging an intermediary category of dependent contractors. However, more precise and coherent legislation is needed to ensure that platform workers receive meaningful labour protections.