The National Minimum Wage Act (NMWA) has been a significant milestone in the pursuit of social and economic justice for vulnerable workers in South Africa. It aims to protect low-wage workers from exploitation and improve their earnings by setting minimum wage standards. One of the critical questions arising from this Act is how various components [...]
Even with the quick progression of technology and better record-keeping systems when it comes to employee hours and work done, there nonetheless still exists numerous disputes that arise as a consequence of overtime and Sunday hours worked by an employee. As a general rule, the ordinary hours worked and any overtime or Sunday hours worked [...]
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 [...]
Section 6 of the Basic Conditions of Employment Act (BCEA) makes provision for the Minister of Employment and Labour to publish a determination on the Commission’s advice that will exclude employees earning above a certain amount per year from sections of chapter 2 of the Act. In a gazette published on 8 February 2022, the [...]
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 [...]
There are a number of options that are available to employers during industrial action, one such option being the employer's right to withhold salaries and wages of those employees who are participating in a strike. Withholding pay, naturally, is the most effective method to dissuade employees from embarking on a strike, after dismissal, of course, [...]
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 [...]
Under the current financial climate, retrenchment seems to be a viable option to save businesses from closing their doors. More specifically, since the recent outbreak of the COVID19 virus, it has resulted in many businesses struggling to stay afloat. It seems extremely difficult for employers as they simultaneously juggle the demands of the unstable financial [...]
Dear CEO Members, The NBCRFLI is pleased to inform the industry that on 07 May 2020 it has considered further to utilise the Leave Pay Fund as an additional temporary measure to assist the industry in order to mitigate the further negative impact of the lockdown and Covid-19. The Leave Pay benefit will apply as [...]