In our ongoing pursuit to keep our Client abreast of information relating to the labour- related Industry, and thus ensuring compliance please find the below for your perusal.
The below refers:
- Non- compliance to the NMW:‘Johannesburg – The Department of Labour on Thursday said it intended to open a case of fraud with the South African Police Services (SAPS) against an employer that misrepresented his company to obtain an exemption from paying the National Minimum Wage (NMW)
Read More: https://www.iol.co.za/news/south-africa/gauteng/employer-arrested-for-minimum-wage-fraud-19070022
- Exemption from the NMW:There is a system being developed which allows employers to apply for exemptions from the National Minimum Wage on line at www.nmw.dol.gov.zaEmployers seeking exemption will need to provide:
Company registration number, name, nature of business, applicable bargaining council, physical address and contact person.
Compensation for Injuries and Diseases Act (COIDA) number.
Full financial statements for the previous 2 (Two) years.
Current financial year predictions.
Additional information: Depreciation, entertainment, write-offs, finance cost, donations, profit and loss on disposal of assets, operating expenses, tax, dividends and other expenses.
Number of employees.
Hours of work.
- Additional criteria will still be published.Exemption is not merely an application but includes consultation with representative trade unions (50 (Fifty) % +1 (One) majority) and all employees. The consultation process is repeated every time exemption is needed.Exemption, if successful, is from the date of exemption and not the date of application [expect the same to be a lengthy process (with lengthy being defined as* ‘considerable or unusual length, especially so as to be tedious’)]. The minimum wage will have to be paid until exemption is granted.
Exemption will only be granted if evidence shows that the employer cannot afford to pay the minimum wage, and the necessary consultation has taken place.
The maximum exemption is 90 (Ninety) % of the minimum wage
All employees can be exempted from R20. (Twenty) per hour to R18. (Eighteen).
Farm Workers exempted from R18. (Eighteen) per hour to R16.20 (Sixteen. Twenty)..
Domestic Workers exempted from R15. (Fifteen) per hour to R13.50 (Thirteen. Fifty).
Exemption is never more than 12 (Twelve) months.