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
Judging a book by its cover price – apple and the great e-book swindle
INTRODUCTION No one can deny that since Apple launched its first iPod in October 2001, the company has seen [...]
Are your trade marks filed properly? Key issues to consider in trade mark protection.
We refer to the article in the February 2017 edition of LegalWerks which dealt with the dangers of choosing a [...]
2017/2018 budget proposals – Tax overview
INTRODUCTION While the increase in the maximum marginal rate for individuals to 45% was widely forecast, with trusts being [...]
Update: agreement on the National Minimum Wage signed
On 8 February 2017, Fin24 reported that according to the Federation of Unions of South Africa, an agreement had been [...]
Fixed term employment and procedural fairness in large scale retrenchments
ISSUE(S) Whether the employees' fixed term contracts had terminated by operation of law having regard to section 196B of [...]
Legislative update
DRAFT CODE OF GOOD PRACTICE ON EQUAL PAY FOR WORK OF EQUAL VALUE The Minister of Labour published the [...]
