The Department of Labour will engage employers in the Oudtshoorn area on Tuesday, on the implementation of the National Minimum Wage.
The purpose of the information session is to ensure that all employers comply with the regulations and standards of the National Minimum Wage Act. The session is also aimed at addressing any questions and concerns that employers may have regarding the NMW implementation and also to raise the level of compliance in the Oudtshoorn area.
Furthermore, the session aims to:
- Inform employers about the new NMW legislation
- Inform them on exemption of certain sectors and how to apply for exemption.
- To share knowledge on best practices to ensure compliance.
The proclamation to bring about the NMW Act was signed into law at Kliptown by President Cyril Ramaphosa in December last year. The NMW Act came into effect on 01 January 2019. In terms of the NMW Act no worker should earn below the R20 minimum wage per hour. Sectors excluded at this stage include the Domestic Workers, Farmworkers, Expanded Public Works Programme and learnerships.
Section 15 of the National Minimum Wage (NMW) Act makes a provision for an employer that cannot afford to pay the NMW to apply for an exemption. Section 5 of the NMW Regulations provides that an exemption notice may be withdrawn if:
- The employer has provided false or incorrect information that has led to the granting in its application for an exemption; or
- The employer is not complying with the exemption notice; or
- The employer’s financial position has improved to the extent that the employer is able to pay the NMW
- There are other justifiable grounds for withdrawing the exemption notice
Section 5(3) further provides that before making a decision to withdraw an exemption notice, the delegated authority must be satisfied that in addition to the grounds mentioned above, that the employer has been consulted.
All employers are invited to this information session where they directly engage with a NMW Ambassador. NMW Ambassadors are labour inspectors who are specially trained and allocated to deal with all matters relating to the NMW.