# Creative Employment

- Link: https://dearsouthafrica.co.za/creative-employment/
- Published: 2026-02-16T11:50:15+02:00
- Author: dearSA

_Advert_

_Advert – scroll down_

![The Department of Employment and Labour has published its intention to reclassify
all performers and crew in advertising, artistic, and cultural activities as standard"
employees" under South African labour law.](https://cdn.dearsouthafrica.co.za/wp-
content/uploads/2026/02/16115055/creative-employment-header.jpg "creative employment
header")

![DEAR-SOUTH-AfFRICA](https://cdn.dearsouthafrica.co.za/wp-content/uploads/2023/
02/08135845/DEAR-SOUTH-AfFRICA.png "DEAR-SOUTH-AfFRICA")

0

comments individually delivered to the Minister, so far

       * No I do not support the amendment 696
       * Yes I do 54
       * Not fully 44

### The Department of Employment and Labour has published its intention to reclassify all performers and crew in advertising, artistic, and cultural activities as standard “employees” under South African labour law.

While the stated goal is to protect vulnerable workers, industry professionals warn
that applying a blanket, “one-size-fits-all” approach will destroy the flexible,
project-based nature of the creative sector.

If implemented, all freelancers would fall under the Basic Conditions of Employment
Act, the National Minimum Wage Act, and the Labour Relations Act. This could drastically
increase production costs, remove vital tax deductions for independent contractors,
and ultimately drive international film and advertising work out of South Africa.

click the link for more info, or scroll down to have your say

[ view a report, comments, documents and videos](https://dearsouthafrica.co.za/creative-employment/summary)

## Have your say – shape the amendment. [CLOSED] 

**Do you support the intention to Deem Performers in the Performance of Advertising,
Artistic, and Cultural Activities in South Africa as Employees? **

**What is your concern? (scroll down for an explanation of each point) **

As you've selected 'All of the Above', if you had to choose a top concern, what 
would it be?

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![D-icon](https://cdn.dearsouthafrica.co.za/wp-content/uploads/2022/12/11192438/
D-icon-40x40-1.png "D-icon-40x40")

### _Talking points_

[Loss of Legitimate Tax Deductions](https://dearsouthafrica.co.za/creative-employment/#1770131112026-5a70eb21-10f156ff-8e69)

Reclassifying independent contractors as employees means they will no longer be 
able to deduct crucial business expenses incurred to generate their income. This
includes travel to auditions, agent commissions, wardrobe, self-tapes, and training—
resulting in a material reduction in their net income.

[Capping Earning Potential](https://dearsouthafrica.co.za/creative-employment/#1770131112043-0e75ef86-4b6c56ff-8e69)

Standard labour protections, such as regulated working hours and limits on overtime,
do not protect short-form production workers; they simply cap what they can earn.
Freelancers often maximise their income by working intensively over short periods
across multiple productions.

[Driving Away International Investment](https://dearsouthafrica.co.za/creative-employment/#1770131281853-5866958a-b51c56ff-8e69)

Introducing heavy payroll administration and compliance burdens will drastically
increase production costs. This makes the local industry less competitive and risks
encouraging international productions to bypass South Africa entirely.

[Destruction of Autonomy](https://dearsouthafrica.co.za/creative-employment/#1770131323251-266a4851-6c9c56ff-8e69)

Many professionals intentionally choose to operate as independent contractors for
the flexibility and the ability to work across multiple clients simultaneously. 
Forcing employee status removes this autonomy and harms small businesses and agencies.

[Lack of Factual Recognition](https://dearsouthafrica.co.za/creative-employment/#1771236024693-89bd70e1-f62f)

While labour protections are appropriate for individuals working regular hours on
long-form productions (like daily soap operas) , applying these same rules to professionals
engaged for shoots lasting only a few hours or days does not reflect the operational
reality of the sector.

### _Perspectives: What is the debate?_

[The Government’s Perspective](https://dearsouthafrica.co.za/creative-employment/#1770892117175-dfc38055-c83856ff-8e69)

The Department of Employment and Labour argues that many performers and crew members
operate under conditions that look exactly like standard employment—including fixed
working hours, direct supervision, and payment for services rendered. However, because
they are classified as “independent contractors,” they are excluded from basic labour
protections. The proposed changes aim to guarantee these vulnerable workers minimum
wage, regulated working hours, paid leave, and severance pay.

[The Industry’s Perspective](https://dearsouthafrica.co.za/creative-employment/#1770892117205-3c7c32e1-ce3d56ff-8e69)

Creative professionals argue the legislation fails to recognize the difference between
a freelancer doing a two-hour voice-over session and an actor on a five-year television
contract. A blanket “employee” status will actually harm gig workers by capping 
their earning potential through strict overtime and working-hour limits. Furthermore,
classifying creatives as employees means they will lose legitimate tax deductions
for vital business expenses like agent commissions, travel, auditions, and wardrobe—
resulting in a massive cut to their net income. Finally, the heavy compliance and
payroll costs placed on production companies risk making South Africa uncompetitive
globally.

[ View more info](https://dearsouthafrica.co.za/creative-employment/summary)