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
COVID-19 regulations: common misconceptions
by Bulelwa Mabasa, Director and head of the Land Reform Restitution & Tenure practice and Thomas Karberg, Candidate attorney The [...]
Regional Competition authorities demand action irrespective of COVID-19
by Ahmore Burger-Smidt, Director and head of the Data Privacy practice; Graeme Wickins, Director; and Dimakatso Khumalo, Candidate Attorney Introduction [...]
Directions on fair processes for mining sector during covid-19 lockdown issued
by Chris Stevens, Director and Head of the Mining, Environmental & Resources practice; Kathleen Louw, Director; and Bronwyn Parker, Senior [...]
Exemptions for certain short-term insurers and long-term insurers providing premium relief
by Hilah Laskov, Senior Associate and Chelsea Roux, Candidate AttorneyReviewed by Shayne Krige, Director and head of the Investment Funds & Private [...]
Directive by the FSCA and Prudential Authority
by Hilah Laskov, Senior Associate and Chelsea Roux, Candidate AttorneyReviewed by Shayne Krige, Director and head of the Investment Funds & Private [...]
Urgent update: COVID-19 TEMPORARY EMPLOYEE / EMPLOYER RELIEF SCHEME
By Andre van Heerden, Senior Associate; Jacques van Wyk, Director, Bradley Workman-Davies, Director; and Thabisa Yantolo , Candidate Attorney On [...]
