As we commemorate May Day 2026, we must confront a difficult but necessary truth: the state of workers’ rights in South Africa is not advancing in any meaningful sense.
In many respects, it is under sustained attack — both openly through policy proposals and quietly through economic restructuring that is hollowing out the very foundation of decent work.
This is not simply a South African story. It is global. But in our context, shaped by apartheid’s legacy of cheap labour and inequality, the consequences are far more brutal.
A moment of regression, not progress
The democratic breakthrough of 1994 brought with it a progressive labour framework — anchored in the Constitution, the Labour Relations Act, the Basic Conditions of Employment Act and, later, the National Minimum Wage Act. These were hard-won victories of a militant working class. But today, we are witnessing a creeping rollback.
Under the guise of “labour market flexibility”, there are renewed attempts to weaken collective bargaining, introduce differentiated labour standards and normalise precarious work. The push for a two-tier labour market — where some workers are protected and others are deliberately excluded — is not theoretical. It is already unfolding in practice.
We see it in the explosion of labour broking, outsourcing, contract work and the so-called “gig economy”. We see it in proposals like the Unemployment Exemption Certificate, which effectively seeks to legalise super-exploitation under the false promise of job creation.This is not reform. It is regression.
The silent crisis of the non-unionised worker
One of the most profound shifts in the labour market is the growing number of workers who are not unionised. Yes, there is still something called the “non-unionised worker” — but the more important question is why this number is growing and what it means.
In sectors like retail, agriculture, domestic work, platform-based work and parts of manufacturing, millions of workers operate outside the protection of unions. Many are young, precariously employed and constantly rotating between short-term contracts and unemployment.
When these workers face abuse — unfair dismissal, wage theft, unsafe conditions — where do they go?
In theory, they can approach institutions like the Commission for Conciliation, Mediation and Arbitration (CCMA). In reality, the system is intimidating, slow and often inaccessible without organisational backing. The employer, by contrast, arrives with legal representation and resources.
The truth is simple: without collective organisation, the individual worker is powerless.
Trade unions were never meant to be service providers. They are instruments of collective power. Where that power is absent, exploitation flourishes.
This is why rebuilding worker organisation — especially among the precarious and the unorganised — is not optional. It is an existential task.
Unemployment: The weapon against workers’ rights
We cannot discuss workers’ rights in isolation from unemployment. With millions of South Africans unemployed — particularly young people — employers wield enormous power.
The message is clear: “If you don’t accept these conditions, there are hundreds waiting to take your place.” This is how rights are eroded in practice — not always by changing the law but by creating conditions in which workers cannot exercise those rights.
Unemployment is not just an economic issue. It is a disciplinary tool used against the working class. It weakens bargaining power, undermines unionisation and normalises exploitation.
The AI question: Threat or opportunity?
The rise of artificial intelligence is the latest frontier in the struggle over work. There is no doubt that AI and automation are reshaping the labour market. From manufacturing to services, tasks that were once performed by humans are increasingly being automated.
The dominant narrative is that technology will create new jobs. History tells a more complicated story. Yes, new jobs may emerge — but they often require higher skills, fewer workers and are concentrated in specific sectors.
Meanwhile, existing jobs are displaced at a faster rate, particularly for low- and semi-skilled workers.
In South Africa, where the education system is already failing millions, this transition is especially dangerous. AI, under the current economic system, is not being deployed to reduce working hours or improve the quality of life for workers. It is being used to cut costs, increase productivity and maximise profits.
The question is not technology itself. It is who controls it and for whose benefit.
How do we respond?
We cannot respond to these challenges with nostalgia or defensive postures alone. The situation demands bold, forward-looking strategies.
First, we must rebuild and expand worker organisation — especially among the unorganised, the informal and the precarious. This requires new organising models, not just traditional workplace-based unionism.
Second, we must defend existing labour rights with everything we have. Any attempt to introduce a two-tier labour system must be defeated decisively.
Third, we must fight for a radically different economic path — one that prioritises job creation, industrialisation and public investment over austerity and profit maximisation.
Fourth, on AI and automation, we must demand a just transition:
- Reduced working hours without loss of pay;
- Worker participation in technology decisions;
- Public investment in skills and reskilling; and
- Social protection for displaced workers.
Technology must serve humanity — not the other way around.
A crisis — but also an opportunity
Despite the bleak picture, this moment also presents an opportunity. Across the world, we are seeing new forms of worker resistance — from platform workers organising for rights to renewed strikes in traditional sectors.
In South Africa, anger is building. The crisis of unemployment, poverty and inequality is reaching unsustainable levels.
The question is whether this anger will be organised into a coherent movement for change or whether it will be fragmented, misdirected and ultimately contained.
Conclusion: The future is not predetermined
Workers’ rights in 2026 are not guaranteed. They are contested. There is no automatic movement towards greater protection and respect. Progress will depend on struggle — organised, conscious and sustained.
The non-unionised worker must become the centre of our organising efforts. The threat of AI must be confronted with bold demands.
And the broader economic system that produces mass unemployment and inequality must be challenged at its root.
May Day is not a ritual. It is a reminder.
A reminder that every right workers enjoy today was won through struggle — and that without struggle, those rights can be taken away.
The task before us is clear: to rebuild working-class power in a changing world.
Nothing less will suffice.
Zwelinzima Vavi is the general secretary of the South African Federation of Trade Unions (Saftu). He formerly held the same position at trade union federation Cosatu.
With millions of South Africans unemployed — particularly young people — employers wield enormous power. The message is clear: “If you don’t accept these conditions, there are hundreds waiting to take your place”
