In certain industries, such as hospitality, retail sector, estate agents and financial advisory, commission is an important component of the payment structure of these employees. In the calculation of the employee's remuneration, on more than one occasion, the question arose if the commission forms part of the calculation to comply with the National Minimum Wage [...]
The NMWA aims to advance economic development and social justice by protecting workers from being paid unreasonably low wages. The Act applies to all workers and their employers except members of the National Defence Force, the National Intelligence Agency and the South African Secret Service. Every employer may not pay wages that are below the [...]
A lot has changed since amendments were made to the Basic Conditions of Employment Act as at 1 January 2019, specifically to cater for compliance orders to now be entertained by the CCMA as opposed to the Labour Court. Employers are still unsure as to what to do when served with a compliance order, and [...]
The National Minimum Wage Act 9 of 2018 was promulgated with the aim of advancing economic development and social justice by improving the wages of the lowest-paid workers and protecting workers from unreasonably low wages. To this end, the current minimum wage stands at R20.76 per hour regardless of whether a worker falls under a [...]
Section 73A of the BCEA came into effect on 1 January 2019 and provides that employees earning below the threshold of R 205 433.30 per annum, may now refer disputes to the CCMA relating to employers' failure to pay any amounts owing to that employee in terms of the Basic Conditions of Employment Act, the [...]
Purpose: Section 73A of the Basic Conditions of Employment Act (“BCEA”) confers jurisdiction on the CCMA to conciliate and arbitrate disputes in which employees earning below the prescribed threshold may claim monies owing to them in terms of the National Minimum Wage Act, the BCEA, a collective agreement, a sectoral determination or contract of employment. [...]
The Basic Conditions of Employment Act 75 of 1997 (BCEA) lays down conditions of employment regarded by legislature as fundamental. Although the Act does not itself prescribe a national minimum wage, it ensures that working hours do not exceed certain maxima, that employees are granted adequate breaks during the working day, that they are given [...]
The South African labour market is characterised by high levels of inequality, unemployment and poverty. Due to such a characterisation, the South African National Minimum Wage (NMW) will be introduced as one of the measures to reduce these levels. The implementation of a NMW is drawing closer. The official bill has recently been adopted [...]
CEO recently assisted in a dispute relating to the employer’s failure to increase an employee’s salary, while other employee’s salaries were increased. The dispute was referred in terms of Section 186(2)(a) of the Labour Relations Act (the “LRA”): “Unfair Labour practice” means any unfair act or omission that arises between an employer and an employee [...]
The minimum wage for South Africa's vulnerable sector of hospitality will be revised upward with effect from 01 July 2018. The new Hospitality Sectoral Determination which governs the minimum wage rate in the sector, will be effective until 30 June 2019. The minimum rate for employers with 10 or less employees will be a monthly [...]