COSATU Calls Nationwide Protest Action on 26 February 2026: What Employers Need to Know

The Public sector stakeholders across South Africa face imminent disruption as the Congress of South African Trade Unions (COSATU) has issued formal notice under Section 77 of the Labour Relations Act (LRA) to proceed with protected protest action on Thursday, 26 February 2026. The one-day socio-economic strike targets the Government Employees Medical Scheme (GEMS) over medical aid contribution increases that have outpaced salary adjustments, creating a financial crisis for public servants.

Background: A Perfect Storm of Rising Costs and Stagnant Wages

The roots of this action trace back to August 2017, when COSATU first raised concerns about South Africa's economic crisis with the National Economic Development and Labour Council (NEDLAC). After NEDLAC deemed the matter unresolved in November 2017, any subsequent protest action on these socio-economic grounds received protected status under the LRA.

The current flashpoint centres on GEMS's aggressive contribution increases:

• 13.4% increase implemented in 2025

• 9.8% increase from January 2026

• Further 9.5% adjustment effective 1 April 2026

• Cumulative two-year increase: 23.2%

These increases starkly contrast with:

• Public servants' 5.5% salary increase for 2025/26

• Public servants' 4% salary increase for 2026/27 (effective April 2026)

• Council for Medical Schemes' recommended 3.3% contribution increase for 2026

COSATU argues that GEMS disregarded regulatory guidance, exceeding CMS recommendations by 6.5 percentage points, while government subsidies remain "wholly inadequate" at just 4.5% (rising to 5% from April 2026). Additional grievances include governance failures, costly outsourcing models, allegations of fraud and waste, inadequate benefit redesign for lower-income members, and the exclusion of labour representatives from the GEMS board.

Timing and Legal Compliance

Protest Action Date: 26 February 2026 (00:00 to 23:59)

Notice Period Compliance: ✅ 14+ days (Section 77(1)(d) requirement met)

The protest will take the form of marches and pickets at GEMS Head Office, Vutomi House, 124 Mercy Avenue, Menlyn Maine Precinct, Pretoria, Gauteng, during working hours. Shift workers will be absent for one complete shift—the shift with the majority of hours falling on 26 February 2026.

Following the action, COSATU reserves the right to extend the programme based on an assessment of outcomes.

Critical Impact on Employers: Your Legal Obligations and Rights

Protected Status = No Dismissals

Because COSATU has complied with Section 77(1)(b), (c), and (d) of the LRA:

✅ This is protected protest action✅ Employees participating are shielded from dismissal (Section 67 read with Section 77(3))✅ Dismissing employees for participation constitutes automatically unfair dismissal under Section 187(1)(a)

No Work, No Pay Principle Applies

While employees are protected from dismissal, employers may lawfully withhold remuneration for time not worked during the protest action. This is a fundamental principle of South African labour law—employees who do not render services are not entitled to payment for that period.

What Employers CANNOT Do:

• Dismiss employees for participating in the protected action

• Pursue civil claims for damages arising from the strike

• Intimidate, threaten, or victimise participants

• Discriminate against employees who participated

What Employers CAN Do:

• Deduct wages proportionally for time not worked (no work, no pay)

• Request employees to give reasonable notice of their intention to participate (although not legally required for protected action)

• Maintain essential operational continuity through management and non-participating staff

• Monitor whether conduct during the action remains lawful (violence, intimidation, or property damage are not protected)

Operational Implications:

Public Sector Employers should prepare for:

• Significant absenteeism on 26 February 2026

• Potential disruption to service delivery during working hours

• Shift workers being absent for entire shifts

• Heightened security considerations if protests occur near government facilities

Private Sector Employers may experience:

• Indirect disruption if suppliers, clients, or service providers are affected

• Possible solidarity action from affiliated union members (subject to separate legal requirements)

• Delays in public sector-dependent processes (licensing, permits, government payments)

Employer Action Checklist

•  Brief management teams on protected status and legal limitations

•  Communicate with employees about the no work, no pay principle

•  Review operational plans for 26 February 2026

•  Confirm attendance management procedures for accurate payroll deductions

•  Prepare contingency plans for essential services or critical operations

•  Advise employees on safety protocols if participating in marches

•  Monitor for procedural irregularities that might render action unprotected

•  Document participation carefully (for payroll purposes only—not for disciplinary action)

•  Ensure no retaliation against participants post-action

Broader Context: Socio-Economic Protest Rights

Section 77 of the LRA recognises that workers have legitimate interests extending beyond their immediate workplace. Unlike traditional strikes (which target specific employers over workplace-specific disputes), socio-economic protest action allows unions to challenge government policy, economic inequality, and systemic issues affecting worker welfare.

This mechanism gives effect to constitutional rights to:

• Freedom of assembly

• Freedom of association

• Collective bargaining beyond the employment relationship

COSATU's 2017 NEDLAC certificate remains valid, meaning this action is part of an ongoing programme addressing economic crisis, neo-liberalism, trickle-down economics, and calls to review the National Development Plan's chapters on economy and employment.

The Road Ahead

COSATU has signalled that 26 February 2026 is the opening salvo, not the conclusion. The Federation will assess outcomes and "reserves the right to extend the programme of action should it be necessary." Employers should anticipate the possibility of escalated or repeated action if demands remain unaddressed.

For Employer Advisory Services: Employers requiring guidance on managing protected protest action, payroll implications, or legal compliance should consult experienced labour law practitioners. Understanding your rights and limitations under Section 77 is critical to navigating this action lawfully and maintaining constructive labour relations.

Key Takeaway: This is lawful, protected action. Manage it professionally, respect employee rights, apply the no work/no pay principle fairly, and avoid any conduct that could be construed as victimisation or retaliation.

This advisory is based on COSATU's Section 77(1)(d) Notice submitted to NEDLAC on 9 February 2026 and current provisions of the Labour Relations Act 66 of 1995.

The Annual Employment Conference #AEC2026 brings together South Africa’s leading labour, HR, and employment-relations experts for a deep dive into the most urgent challenges facing employers in a changing world of work.

2026's conference promises to unpack the economic, technological, and legislative forces reshaping the workplace, offering practical insights on navigating organisational change, managing workforce risks, strengthening compliance, and preparing for the next wave of policy reform. Delegates will gain forward-looking guidance from top practitioners, case-based analysis of emerging employment trends, and strategic tools to build resilient, future-ready workplaces. Register now: https://www.globalbusiness.co.za/gbs-event-details/annual-employment-conference-2026

View our upcoming events: Upcoming Events and Qualifications, like Annual Employment Conference 2026 (#AEC2026), Master Employment Equity in 2026, COID Amendment Update, How to conduct a Disciplinary Enquiry, Higher Occupational Certificate: HRM Administrator NQF5, and Advanced Occupational Certificate: HRM Officer (NQF 6).

*All workshops are offered as customised in-house training that can be presented virtually or on-site.