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
Countdown to POPIA Webinar
Countdown to POPIA Webinar The 1st of July 2021 is the day for all public and private bodies to [...]
Extension of COVID-19 Temporary Employer / Employee Relief Scheme (“TERS”)
On 11 July 2021 President Cyril Ramaphosa announced that the Covid-19 Temporary Employer / Employee Relief Scheme ("TERS") would be [...]
Incitement of public violence (on social media) and the repercussions for individuals and contracts
Incitement of public violence With the recent public unrest and public violence outbreaks in the country the President of the [...]
Mr. President, you don’t need an iPad, please use a pen!
by Ahmore Burger-Smidt, Director and Head of Data Privacy and Cybercrime Practice and member of Competition Law Practice; and Nyiko [...]
The prohibition of the Burger King merger and the increasing importance of Broad-Based Black Economic Empowerment factors for South African competition law
The prohibition of the Burger King merger 1. The recent decision by the Competition Commission to prohibit the sale by [...]
Proposed Amendments to the Domestic Violence Act – latest developments
Domestic Violence Act As part of government's efforts to address the scourge of domestic violence in South Africa, a process [...]