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flag South Africa South Africa: Operating a Business

Setting Up a Company | Working Conditions | Cost of Labor | Social Partners

Setting Up a Company

Legal Business Entities

Types of Companies and Capital (Max/Min) Number of Partners/Shareholders and Liability
Private Limited Company
 
No legal limit
Minimum number is 1; while as the maximum number is 50.
 
Liability limited to the amount contributed.
Public Limited Company .
 
No legal limit
Minimum number is 7; while as there is no limit on the maximum number of members/shareholders.
 
The liability of a member is limited to the face value of the shares he owns
Close Corporation
 
No minimum capital.
1 partner
 
Liability is limited to the amount contributed.
Partnership
 
No minimum capital.
Minimum 2; Maximum 20 partners.
 
Liabiltity of the active partners is unlimited. Liability of the sleeping partner is limited to the amount contributed.
 
The Competent Organization
Companies and Intellectual Property Registration Office
Search a Company or a Financial Report
CIPC, Companies and Intellectual Property Commission
 
Setting Up a Company South Africa Sub-Saharan Africa
Procedures (number) 6.0 8.9
Time (days) 22.0 45.2

Source: Doing Business.

 
Business Setup Procedures
Consult Doing Business Website, to know about procedures to start a Business in South Africa.
The Register of Commerce

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Working Conditions

Legal Weekly Duration
45 hours in a week or 9 hours in a day. For employees who work a 6-day week, it is 8 hours per day.
Retirement Age
The retirement age is 65 for men and 60 for women.
Working Contracts
Employment is mainly regulated by the law of contract and by Labour Relations Act (LRA),1995. The contract should clearly mention : maximum hours of work, overtime rates, minimum periods of annual leave, notice of termination, organizational rights in respect of trade unions, strike law, rights and responsibilities of employers and workers in the event of retrenchments, insolvency and transfers of businesses, protection from unfair dismissal and the prohibition of unfair discrimination.

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Cost of Labor

Minimum Wage
South Africa does not have a national minimum wage, but the Minister of Labour can make sectoral determinations, which may include a basic remuneration level. Legislation differentiates between urban and rural areas.
Average Wage
Average monthly gross earnings in South Africa is ZAR 8,500 (USD 1,100).
Social contributions
Social Security Contributions Paid By Employers: 1%
Social Security Contributions Paid By Employees: 1 %.

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Social Partners

Social Dialogue and Involvement of Social Partners
For effective bargaining, South Africa has Bargaining Council system. Bargaining takes place between the employers and trade unions under the auspices of the Bargaining Council. The collective agreements concluded in the Bargaining Council bind only the parties to the Bargaining Council.

The Congress of South African Trade Unions (COSATU) is the largest and most effective trade union in South Africa. It is affiliated with the African National Congress (ANC) and the South African Communist Party. COSATU represents 21 national industrial affiliates.

Unions
COSATU (Congress of South African Trade Unions)
FEDUSA (Federation of Unions of South Africa)
Unionization Rate
30% (approximately)
Labor Regulation Bodies
Department of Labour, Government of South Africa

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Learn more about Operating a Business in South Africa on Globaltrade.net, the Directory for International Trade Services.
 

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Last Updates: January 2012