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
Can you dismiss an employee who refuses to adhere to the alternative plan implemented to avoid mass retrenchment?
By Jacques van Wyk, Director and Yusha Davidson, Candidate Attorney ISSUE Is it fair to dismiss an employee for refusing [...]
South Africa’s first case on Section 31
Multinationals with South African group companies are required to adhere to South Africa's transfer pricing legislation as found in section [...]
When the law says – confess!
by Ahmore Burger-Smidt, Head of Data Privacy Practice The importance of a data breach plan The South African society has [...]
Land Reform – ANC To Amend Constitution
The ANC has been embroiled in an internal debate on how to operationalise the resolution it took in its 54th [...]
Knock knock knocking on jail’s door
The amendments to the Competition Act, 1998, which introduce criminal liability for cartel conduct, came into effect on 1 May [...]
Is it game set and match Federer?
Roger Federer, holder of eight Wimbledon men's singles titles and currently ranked no. 2 in the world in men's tennis [...]
