Blog

The Congress of South African Trade Unions (COSATU) has declared a protected socio-economic protest action scheduled for Tuesday, 7 October 2025, following a legally compliant notice to NEDLAC under Section 77 of the Labour Relations Act (LRA). This marks the culmination of an unresolved dispute initiated by COSATU’s demands on South Africa’s economic crisis dating back to 2017.

COSATU originally submitted its economic crisis notice to NEDLAC on 21 August 2017, demanding, among other key issues, that retrenchments aimed at maximising profits cease immediately. Despite engagement at the NEDLAC Section 77 Standing Committee and plenary meetings, respondents failed to adequately engage or resolve COSATU’s demands. The committee declared the matter resolved in November 2017, granting protection to protests arising from the notice.

COSATU’s ongoing concerns include weak economic growth, rising retrenchments, and escalating costs of living affecting workers’ livelihoods. These issues have been at the core of planned protest actions since 2017 and remain unresolved, prompting the 2025 protest.

Forms of Protest Action Contemplated

The protest action has a threefold structure aimed at maximising worker participation and visibility:

• National Day of Protest (7 October 2025): A full-day strike from 00:00 to 23:59 with marches and pickets in all major cities and towns nationwide. For shift workers, the strike covers one whole shift, being the shift that has the majority of hours on the day in question.
• 2-Hour Pickets (12:00 to 14:00) Starting 16 September 2025: These pickets will take place during working hours at various workplaces, serving as build-up actions leading to the full-day strike.
• Marches and Pickets During the Strike Day: These demonstrations are designed to assert worker grievances publicly while aligning with national visibility goals.

Employers’ Rights and Obligations During the Protest

Employers facing the upcoming protest should be aware of both their rights and responsibilities under the LRA:

• Right to Operate: Employers may continue business operations where feasible during the protest but must recognise the right of employees to participate in protected protest actions without fear of dismissal or disciplinary action solely based on participation.
• No Work, No Pay Principle: Employees participating may not be entitled to pay for the hours or shifts they strike, but employers cannot penalise them unfairly for lawfully protected action.
• Maintain Workplace Discipline: While protest participation is protected, any unlawful or violent conduct during protests can validly trigger disciplinary processes.

Best Practices for Employers to Comply with the LRA

• Engage Early and Honestly: Dialogue with employees and union representatives about the protest and operational impact can mitigate risks.
• Prepare Operational Contingencies: Anticipate reduced workforce capacity and plan accordingly for critical functions.
• Communicate Clearly: Inform employees about their rights and obligations concerning the protest, emphasising lawful conduct expectations.
• Document Everything: Keep records of attendance, communications, any incidents, and operational impacts to defend against possible disputes.
• Monitor Developments: COSATU has indicated the right to extend protest actions if demands remain unaddressed, so ongoing vigilance is essential.

This socio-economic protest underscores deep labour tensions stemming from prolonged economic challenges in South Africa, requiring employers across industries to balance legal compliance with operational resilience. Careful adherence to labour law during this period will be key to maintaining constructive workplace relations and avoiding costly disputes.

View the official government communication below:

Certificate-for-COSATU-notice-on-Economic-Crisis-2
Form-4.5-Notice-NEDLAC-October-7