National Minimum Wage Exemption Regulations Under Construction

Department of Labour

National Minimum Wage regulations setting down exemption criteria are in the pipeline.

The department of labour has issued a statement relating to the finalizing of the drafting of National Minimum Wage (NMW) exemption regulations and the amendments to the Basic Condition of Employment Act and the Labour Relations Act.

The NMW Bill and the above mentioned amendment bills are currently before the labour committee.

The department has highlighted that the exemption application will be subjected to thorough audits and the regulations will include the following:

•    The procedure for exemption;
•    The obligation on an employer to consult with employees or their trade unions;
•    The criteria for evaluating exemptions; and
•    Documents to be submitted among other factors.

A Code of Good Practice on Collective Bargaining, Industrial Action and Picketing will guide the new Labour Relations Act in providing practical guidance on collective bargaining, the resolution of disputes of mutual interest, the resort to peaceful industrial action and the picketing process.

To prevent violence, intimidation and damage to property, an Accord on Collective Bargaining and Industrial Action has also been agreed upon.

The Accord outlines the undertakings the signatories commit to, which aim at expediting dispute solution, minimizing conflict in labour relations and building capacity for implementing the Code of Good Practice.

Sabinet Cape Town Office