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#BizTrends2025: African employment law trends - employee rights and well-being, workplace and technology evolution
13 Jan 2025
In 2025, African employers will continue to be part of a global emphasis on fostering work environments that prioritise employee well-being, welfare and the protection of worker rights. There will also largely be ongoing support for and, in some countries, increased regulation of, hybrid or remote working models as well as the introduction of, or adjustments to, the national minimum wage. The use of artificial intelligence (AI) in the workplace will continue to grow exponentially, alongside the adoption of data protection policies and plans.
Chloë Loubser, Knowledge and Learning Lawyer, Bowmans
Remote working
In Angola, a remote work regime was established under the new General Labour Law. More employers in Cameroon are also in the process of formalising their hybrid working policies, and in Gabon there is increasing demand for flexible working conditions.
In South Africa, use of ‘Employer of Record’ service providers (EORs) by foreign companies seeking to engage local talent without having to establish a corporate presence in the country is gaining momentum. This arrangement leverages the ability of employees to work remotely and is an attractive option for foreign employers, particularly in the IT sector.
Another category of remote workers will also emerge in South Africa in 2025: foreign workers seeking to travel and spend an extended period in sunny South Africa while continuing to perform their work for their foreign employers on the new ‘digital nomad’ visa.
In Uganda, remote working and EOR arrangements will also trend.
In Kenya, we expect platforms that cater to the gig economy to grow in popularity, especially with the rising demand for flexible working conditions.
Other trends in Kenya include the recognition of digital business operations, the rise of employee advocacy, and legal precedents for virtual work environments.
AI and data protection
In Ghana, the use of AI technologies in recruitment is rising, with employers needing to be cognisant of established data privacy and protection laws. Ghana’s Data Protection Act 2012 (Act 843) grants an individual the right to request that any decision affecting them, such as being shortlisted, rejected, or hired, is not made solely by an AI system or another form of automated processing.
The position is similar in South Africa, where more employers are bringing AI into the workplace and rapid adoption is expected. Employment law and data protection issues, among others, will need to be borne in mind.
South Africa’s Department of Communications & Digital Technologies recently released a National AI Policy Framework for comment, which will lay the foundation for how the country will govern the development and use of AI.
In Uganda, there has also been an increase of AI adoption in the workplace, with some HR consultancy firms already using AI-driven data analytics platforms to identify potential employees. A recently launched AI taskforce will analyse the impact of AI and review existing laws and regulations to identify gaps and challenges.
In Zambia, there is increasing integration of AI by employers looking to adopt AI-powered technology, with employers also looking at data protection issues.
Human rights is a growing issue for employers using AI, and a balance is needed between using AI for efficiency and the need for human intervention to prevent biases or errors in AI algorithms.
Local workers’ rights
In Gabon, a big trend is the intensification of worker nationalism, with the Government pushing for aggressive implementation of local hiring quotas, especially in management and technical positions.
In Senegal, the Government’s objectives to reinforce local capabilities and protect Senegalese jobs are setting a trend for the strict enforcement of the local content rules in the energy sector, as well as the adoption of further implementation decrees to monitor non-compliance.
Migrant worker rights are under the spotlight in Uganda, with a recent ruling condemning a recruitment agency for actions and omissions that led to the death of a Ugandan migrant worker in Saudi Arabia.
Employee well-being
In Mauritius, the Finance Act has introduced the concept of the ‘right to disconnect’ to reinforce the importance of having a healthy work-life balance. Similar provisions are being considered in Kenya where the Employment (Amendment) Bill 2021 has been sent to mediation, after being rejected by the National Assembly in its second reading.
Considering recent case law in Tanzania, more awareness in the workplace of issues relating to employees’ religious beliefs is expected. The onus will be on employers to consider terms of employment that accommodate employees’ beliefs or risk disputes.
In Zambia, there is a growing emphasis on mental health and well-being in the workplace, reflecting its impact on employee performance. Employers are implementing comprehensive policies and programmes that support employee wellness.
The prevailing energy crisis in Zambia has also prompted employers to create policies supporting alternative energy solutions for their employees. These policies include providing solar-powered solutions and offering salary advances or loans to employees for obtaining alternative energy.
In South Africa, there has also been an increasing number of ill-health-related matters in the workplace, particularly relating to employees’ mental health. These issues often surface in the context of poor performance or disciplinary processes and can be tricky territory for employers to navigate.
National minimum wage and cost-of-living adjustments
With basic living costs in South Africa rising faster than inflation, many households are feeling stretched, resulting in employees demanding salary increases that exceed CPI. This year saw a number of tough negotiations between employers and trade unions, often resulting in strike action. The Government has managed to conclude a few significant wage deals as a means to achieve labour stability in the public sector, while employers in the private sector face similar demands for cost-of-living adjustments.
We have seen increases to the national minimum wage in several countries this year and in 2025, increases are expected in Angola, Ghana, Morocco and South Africa, among others.
In Ethiopia, the setting of the national minimum wage has been a hot topic of discussion, which will likely continue among stakeholders in the coming year.
With effect from 1 January 2025, Namibia will have a codified national minimum wage for the first time. As employers navigate the new Wage Order, we may see litigation arising, including grievances regarding an employer’s deviation from the terms of the Wage Order, the calculation of employee entitlements and administrative law-related litigation in respect of applications for exemption.
The year 2025 is set to be one where employees’ rights and well-being are addressed, remote working continues to trend, and AI and data protection continue to rapidly evolve in support of the modern workplace.
This article references information from Bowmans' Employment Trends Forecast 2025, which covers 17 African countries and was prepared with input from members of the Employment and Benefits Practice in all Bowmans offices, as well as alliance, relationship, and other firms across Africa.
About Chloë Loubser
Chloë Loubser is a knowledge and learning lawyer in Bowmans’ Cape Town office Employment and Benefits Practice. She specialises in the employment law aspects of commercial transactions, including mergers and acquisitions; drafts employment contracts, policies and procedures; and advises on dismissals and corporate retrenchments, agreements and restraints of trade.