wages

Can employers calculate wages by including commission to comply with the National Minimum Wage Act?

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 [...]

2022-08-19T11:34:16+02:00August 19th, 2022|Wages|Comments Off on Can employers calculate wages by including commission to comply with the National Minimum Wage Act?

The impact of the new earnings threshold on the BCEA, LRA and EEA

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 [...]

2022-02-25T07:00:29+02:00February 25th, 2022|Labour Relations Act|Comments Off on The impact of the new earnings threshold on the BCEA, LRA and EEA

The National Minimum Wage Act 9 of 2018 (NMWA)

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 [...]

2022-01-10T13:35:48+02:00January 10th, 2022|Wages|Comments Off on The National Minimum Wage Act 9 of 2018 (NMWA)

Withholding Pay in Times of Industrial Action

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, [...]

2021-06-14T13:09:06+02:00June 14th, 2021|Strikes|Comments Off on Withholding Pay in Times of Industrial Action

The inner workings of Section 73A of the Basic Conditions of Employment Act

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. [...]

2020-12-21T09:10:41+02:00December 21st, 2020|Contracts, Wages|Comments Off on The inner workings of Section 73A of the Basic Conditions of Employment Act

Looking at the Basic Conditions of Employment Act and how it regulates Working Hours

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 [...]

2020-06-04T12:12:55+02:00June 4th, 2020|Wages|Comments Off on Looking at the Basic Conditions of Employment Act and how it regulates Working Hours

What can I do to save my employees – possible alternatives to retrenchment?

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 [...]

2020-05-13T15:31:06+02:00May 13th, 2020|Latest News|Comments Off on What can I do to save my employees – possible alternatives to retrenchment?

Additional Measures for Temporary Relief for Industry Employers and Employees amidst COVID 19: Leave Advancement

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 [...]

2020-05-11T15:31:01+02:00May 11th, 2020|Latest News|Comments Off on Additional Measures for Temporary Relief for Industry Employers and Employees amidst COVID 19: Leave Advancement

Who bears the onus of proof in discrimination matters relating to equal pay for work of equal value where discrimination is alleged on an arbitrary ground?

An employee or group of employees have the right to approach the CCMA and lodge an unfair discrimination dispute relating to equal pay for work of equal value. This discrimination may be alleged on a listed ground which is set out in the Employment Equity Act (as amended), such as race or religion.  It may, [...]

2019-11-22T08:51:54+02:00November 22nd, 2019|General|Comments Off on Who bears the onus of proof in discrimination matters relating to equal pay for work of equal value where discrimination is alleged on an arbitrary ground?

The extension of the CCMA’s jurisdiction – Section 73A of the BCEA

It has been nearly three months since the legislature has signed into law the Labour Relations Amendment Act (LRAA), Basic Conditions of Employment Amendment Act (BCEAA) and the National Minimum Wage Act (NMWA).   The BCEAA introduced several measures to enforce its provisions, including that of section 73A. The aforementioned section constitutes a significant extension [...]

2019-03-27T14:45:10+02:00March 22nd, 2019|General|Comments Off on The extension of the CCMA’s jurisdiction – Section 73A of the BCEA
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