Legal updates and opinions
News / News
National minimum wage increases for 2022
Adjusted national minimum wage
Following a mandatory annual review process, the Minister of Employment and Labour announced increases to the national minimum wage for 2022.
With effect from 1 March 2022, the adjusted national minimum wage for each ordinary hour worked is R23.19 (increased from R21.69 in 2021).
Similarly, farmworkers and domestic workers are now entitled to a minimum wage of R23.19 per hour.
The Minister also announced that, as in previous years, exceptions would be made for the following groups:
- Workers employed on an expanded public works programme are entitled to a minimum wage of R12.75 per hour.
- Workers who have concluded learnership agreements (in terms of section 17 of the Skills Development Act 97 of 1998) are entitled to the allowances outlined in Schedule 2 of the National Minimum Wage Act 9 of 2018 (“NMWA”).
It is important to note that the NMWA defines “wage” as “the amount of money paid or payable to a worker in respect of ordinary hours of work or, if they are shorter, the hours a worker ordinarily works in a day or a week”.
Accordingly, this excludes the payment of allowances such as transport, tools, food, payments in kind (including, for example, accommodation), tips, bonuses and gifts.
In terms of section 73A of the Basic Conditions of Employment Act (“BCEA“), an employer’s failure to pay the prescribed national minimum wage will entitle a worker or employee to institute a claim for failure to pay any amount owing in terms of the NMWA. Additionally, section 76A of the BCEA provides that a fine may be imposed on an employer who pays a worker or employee less than the prescribed NMW.
Employers are therefore advised to ensure that they stay abreast of any adjustments to the national minimum wage, and that they comply with any prescribed amounts.
Latest News
Your customer has entered business rescue. The next move matters
by Eric Levenstein, Director and Head of Insolvency & Business Rescue, Amy Mackechnie, Senior Associate, and Clio Patricios, Candidate Attorney [...]
Invisible data collection through a privacy lens
by Ahmore Burger-Smidt, Director and Head of Regulatory More than seven million pairs of Meta’s Ray-Ban smart glasses were sold [...]
Cybercrime across borders: Navigating Africa’s fragmented legislative landscape – Part 2
by Ahmore Burger-Smidt, Director and Head of Regulatory, and Boitumelo Khwene, Candidate Attorney In Part one of this series, we [...]
Cybercrime across borders: Navigating Africa’s fragmented legislative landscape – Part 1
by Ahmore Burger-Smidt, Director and Head of Regulatory, and Boitumelo Khwene, Candidate Attorney The Compliance Imperative By the time you [...]
The externalisation of South African Intellectual Property – Navigating exchange control rules and copyright law in cross-border computer software development
by Janine Hollesen, Director and Head of Intellectual Property, Deon Griessel, Director, and Khanyisa Tshoba, Associate 1. The Regulatory Landscape: [...]
When AI becomes the incident: From rogue agents to prompt injection – Is your organisation ready to detect it, stop it and report it?
by Tebogo Sibidla, Director Artificial Intelligence (AI) is rapidly moving from answering questions to taking actions on our behalf. This [...]
