National Minimum Wage Bill Published for Comment

Department of Labour

Three labour bills have been published for comment.

The Draft National Minimum Wage Bill, the Draft Labour Relations Amendment Bill and the Draft Basic Conditions of Employment Amendment Bill were published in Government Gazette 41257.

The Draft National Minimum Wage Bill seeks to:

•    Provide for a national minimum wage;
•    Establish the National Minimum Wage Commission;
•    Provide for the composition and functions of the National Minimum Wage Commission;
•    Provide for the review and annual adjustment of the national minimum wage;
•    Provide for exemption from paying the national minimum wage;
•    Provide for transitional provisions in respect of farm workers and domestic workers; and
•    Provide for matters connected therein.

The Draft Basic Conditions of Employment Amendment Bill aims to, inter alia:

•    Substitute and insert certain definitions;
•    Provide for daily wage payments applicable to certain employees;
•    Repeal the provisions dealing with sectoral determinations and employment conditions commission;
•    Extend the provisions for monitoring and enforcement by the labour inspector to include enforcement of the provisions of the National Minimum Wage Act, 2017, the Unemployment Insurance Act and the Unemployment Insurance Contributions Act;
•    Provide for claims for underpayment; and
•    Provide for transitional arrangements to regulate sectoral determinations currently in force and to strengthen collective bargaining in respect of the sectors regulated by those sectoral determinations.

The Draft Labour Relations Amendment Bill intends amending the Labour Relations Act so as to:

•    Provide criteria for the minister before the minister is compelled to extend the collective agreement as contemplated in the act;
•    Provide for the renewal and extension of funding agreements;
•    Provide for picketing by collective agreement or by determination by the commission in terms of picketing regulations;
•    Provide for the classification of a ratified or determined minimum service;
•    Extend the meaning of ballot to include any voting by members that is recorded in secret;
•    Provide for the independence of the Registrar and the Deputy Registrar;
•    Provide for the appointment of an arbitration panel;
•    Provide for the advisory arbitration panel;
•    Provide for an advisory arbitration award and for matters relating to arbitration award; and
•    Provide for transitional provisions.

Written comment on the three bills is invited until 30 November 2017.

The three bills will be tabled in parliament soon.

Meanwhile, the department has published guidance notes to the Pressure Equipment Regulations in Gazette 41256.

In Notice 895 in the same Gazette, the department has published detail on hearings on various essential services investigations.

Some of the services under investigation include security services at education institutions, distribution of chronic medication, reticulation of natural pipe gas and emergency and response security services.

Sabinet Cape Town Office

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