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South Africa: why confirm a former employee's job?

Every South African employee is entitled on termination to a certificate of service stating the dates of employment and the job title. Confirming the same facts takes a minute and helps the person into their next job. certo asks on their behalf, with their explicit consent.

Law as of 26 October 2026 · Protection of Personal Information Act 4 of 2013 (Government Gazette 37067, 26 November 2013) and Basic Conditions of Employment Act 75 of 1997 (Government Gazette 18491, 5 December 1997), section 42 as published in 1997

In short

  • The facts are already on paper. On termination every employee is entitled to a certificate of service that states, among other things, the dates of employment and the job title (Basic Conditions of Employment Act, s 42). Those are the facts we ask about, never pay or why the employment ended.
  • It helps the person who worked for you. A record confirmed by a former employer is what the next employer trusts. Answering takes about a minute and needs no account.
  • certo asks on their behalf, with their explicit consent. POPIA allows personal information to be processed when the data subject consents (s 11(1)(a)), and a use the information was not collected for is not incompatible when the data subject has consented to it (s 15(3)(a)). The person started this check themselves, for these facts and no others.
  • You do not have to answer. No South African law obliges an employer to answer certo. Declining is fine.

The Basic Conditions of Employment Act

Act 75 of 1997, quoted from the Act as published in the Government Gazette on gov.za. We checked the Basic Conditions of Employment Amendment Acts 11 of 2002, 20 of 2013 and 7 of 2018 on gov.za: none of them amends section 42.

Section 42: the certificate of service

On termination of employment an employee is entitled to a certificate of service stating … (d) the date of commencement and date of termination of employment; (e) the title of the job or a brief description of the work for which the employee was employed at date of termination …

The certificate also names the employee and the employer, any council or sectoral standard that applies and the pay at termination, and gives the reason for termination only if the employee asks for it. We ask only about the dates and the job, never about pay or why the employment ended, so your records already hold what we ask.

We found no provision of the Basic Conditions of Employment Act that limits what an employer may say about a former employee to a third party; POPIA governs that disclosure, below.

Section 26 of POPIA: what is never asked

POPIA prohibits processing special personal information, such as religious or philosophical beliefs, race or ethnic origin, trade union membership, political persuasion, health, sex life, biometric information and criminal behaviour, except as the Act allows. certo never asks you about any of these.

Personal data

The Protection of Personal Information Act 4 of 2013 (POPIA) applies to your HR records.

Section 11(1)(a): consent

Personal information may only be processed if … (a) the data subject or a competent person where the data subject is a child consents to the processing;

POPIA defines consent as a voluntary, specific and informed expression of will by which permission is given for the processing (s 1). The person's request names your organisation, certo and each fact.

Section 15(3)(a): a new use, with consent

The further processing of personal information is not incompatible with the purpose of collection if … (a) the data subject or a competent person where the data subject is a child has consented to the further processing of the information;

You hold these records to employ and pay the person. Confirming them to certo is a further use, and the person has consented to it.

Section 11(2)(a): proof of consent

The responsible party bears the burden of proof for the data subject’s or competent person’s consent as referred to in subsection (1) (a).

certo records which account asked, when, and for which facts. Write to support@certo.bio and we send you the record for your request.

Section 10: minimality

Personal information may only be processed if, given the purpose for which it is processed, it is adequate, relevant and not excessive.

You confirm or leave unticked only the facts listed. Add nothing else: anything beyond them is not covered by the person's consent.

What this means for your answer

  • Tick only what your HR, payroll or personnel records show.
  • Not sure it is the same person? Press "We can't find a matching record". Never confirm a record you are not sure is theirs.
  • Your policy is not to answer? Press "We do not answer these requests". The record shows your organisation declined, and nobody else there is asked.

Sources

This page is not legal advice. It reflects the law as it stood on 26 October 2026.