Legal updates and opinions
News / News
National Minimum Wage Bill tabled in Parliament
By Jacques van Wyk, Director and Chelsea Roux, Candidate Attorney
The Portfolio Committee on Labour met in January 2019 to discuss a possible amendment to the National Minimum Wage Act 9 of 2019 (the “NMW Act“) as contained in the National Minimum Wage Bill (the “Bill“). The Bill is meant to correct a cross-reference in the NMW Act and to provide for matters related therewith. The error in the NMW Act is found in section 17(4) which incorrectly makes a cross-reference to section 4(6) instead of section 4(8). Section 4(8) makes it an unfair labour practice for an employer to unilaterally change wages, hours of employment and other employment conditions. This is meant to have retrospective effect as of 1 May 2017. However, the NMW Act incorrectly makes section 4(6) retrospective therefore requiring the minimum wage to be back-dated to 1 May 2017. The purpose of the Bill is thus to ensure that section 17(4) refers to section 4(8). By correcting the cross-reference to section 4(6) it counteracts an argument that the minimum wage has retrospective effect. The time for written comments on the amendment of the Bill ended on 15 March 2019. The Bill has now been tabled in Parliament.
Latest News
South Africa: reliance on trade marks in company name objections
By Janine Hollesen and Donvay Wegierski, Directors A further reason to register trade marks is that they can be relied [...]
China: motivation for e-commerce to act against counterfeiting
By Janine Hollesen and Donvay Wegierski, Directors On 31 August 2018, China introduced legislation making online operations accountable. Online service [...]
Johannesburg CBD fire – health and safety at work
By Bradley Workman-Davies, Director The recent fire which broke out in a government building in central Johannesburg lead to the [...]
Labour Webinar
Our Labour experts discuss the implications of the proposed amendments to the Labour Relations Act (LRA) relating to industrial action.
Dismissing an employee for refusing to obey instructions
By Jacques van Wyk, Director and Yusha Davidson, Candidate Attorney ISSUE Can you dismiss an employee who refuses to obey [...]
Limiting employment claims: protection where it is needed
South African labour laws are renowned as being progressive and protective of employees' rights, and labour dispute resolution procedures are [...]
