Parliament Passes Minimum Wage Bill

Parliament

The National Minimum Wage Bill has been passed by parliament and sent to president Ramaphosa for assent.

The bill was tabled in parliament in November 2017.

The 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 Basic Conditions of Employment Amendment Bill and the Labour Relations Amendment Bill have also been passed by parliament and sent for assent.

The 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 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.

In addition to the three related labour bills, the Labour Laws Amendment Bill has also been passed by parliament and sent for assent.

The private member’s bill proposing paternity leave for fathers was tabled at the end of 2015.

It was drawn up by the African Christian Democratic Party’s (ACDP) Cheryllyn Dudley.

At the end of 2016, the proposed legislation was changed from a private member’s bill to a bill.

The bill seeks to introduce amendments to the Basic Conditions of Employment Act and the Unemployment Insurance Act.

According to the bill’s memorandum, it was drafted in response to appeals by fathers to the ACDP for paternity leave to be included in current labour law.

Sabinet Cape Town Office

Related legislation: