DOL Responds to NMW Bill Submissions

Department of Labour

The labour department recently confirmed that a revised definition of worker would be included in the National Minimum Wage (NMW) Bill.

The department was providing responses to the portfolio committee on labour on submissions on the bill.

The department added that the envisaged revised definition would define a worker as any person who “works for another and who receives, or is entitled to receive, any payment for that work whether in money or kind.”

Other responses included that employers of commission earners will have to comply with the minimum wage requirement and adjust commission payment where necessary, a possible conflict between the current drafting of section 5, in particular, section 5(1) (d) and other legislation making provision for deductions for medical aids and pension/provident funds and any other statutory deductions will be investigated, a proposal of three further amendments to section 6 of the bill and the department to consider a provision for a review of the exemption provision that will most likely be incorporated in the regulations.

Responses were also provided to submissions received on the Basic Conditions of Employment Amendment Bill and the Labour Relations Amendment Bill.

The committee is scheduled to meet next week to formally consider the different submissions.

In a statement, the committee announced that a planned meeting for this week during the constituency period was cancelled “due to unavailability of some of the members of the opposition in the committee…”

Meanwhile, in another statement, the department has announced that NMW exemptions will be limited to a maximum period of 12 months.

Sabinet Cape Town Office

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