INTRODUCTION
Management will be aware, from various media reports, that the 30 June intended mass action is being driven primarily by March and March’s demands that government take immediate action against undocumented foreigners, including stricter border enforcement and the deportation of foreign nationals.
PROTEST ACTION AND THE LABOUR RELATIONS ACT
The Labour Relations Act (LRA) permits registered trade unions or trade union federations to undertake protected mass and/or protest action to promote the social and economic interests of workers provided that they observe the procedural requirements contained in Section 77(1)(b) of the LRA 66 of 1995, as amended. This action does not comply with these requirements and consequently, any employees participating in any action on 30 June 2026 will not be protected by the normal rules regarding protected mass action, namely: no-work-no-pay and no disciplinary action.
While it remains unclear as to the potential nationwide action escalating to the same levels seen in 2021, the risk of localized disruptions, road blockages, violence against foreigners and supply-chain disruptions cannot be completely ignored. The government’s message has been consistent: there will be no tolerance for lawlessness and the South African Police has reassured citizens of its heightened preparedness and visible deployments.
COSATU, FEDUSA, SAFTU and NACTU have urged workers to report for work on 30 June, warning that participation in an unprotected mass action could carry employment consequences.
Management will need to plan in anticipation of possible local disruptions, staff safety concerns, transport interruptions and consider implementing additional security requirements on the day.
It is recommended that management raise these issues with all employees in advance of 30 June and treat unauthorised absences on the day on a case-by-case basis. Nevertheless, employees must be made aware that, depending on the reasons tendered for being absent without the proper authorisation and/or permission, the following will apply:
MANAGEMENT GUIDELINES ON UNAUTHORISED ABSENTEEISM ON TUESDAY, 30 JUNE 2026
Inform all workers that any unauthorized absences related to the protest action will be treated on the following basis:
- No work, no pay.
- Possible disciplinary action for being absent without permission and/or authorisation and/or for participation in the mass action.
- A shift for leave-pay and leave-enhancement pay qualification purposes will be lost in respect of the day’s absence.
- Any overtime worked during the course of the week will be paid at ordinary rates to make up for the lost ordinary working hours from Tuesday, 30 June 2026.
The staff of the SEIFSA Industrial Relations Division are available on (011) 298-9400 to provide any further advice and/or assistance to management on the contents of this management brief.
Ends.

