Legal updates and opinions
News / News
The definition of “worker” in the national minimum wage bill
By: Jacques van Wyk, Director and Andre Van Heerden, Senior Associate and Yusha Davidson, Candidate Attorney
The Department of Labour has confirmed the definition of “worker” in the final draft National Minimum Wage (NMW) Bill, as agreed by the National Economic and Labour Council.
The term “worker” is defined as any person who works for another and who receives, or is entitled to receive, any payment for that work whether in money or in kind.
This definition of “worker” covers all forms of employment, thus avoiding disputes over whether or not the worker is an employee, and prevents the contractual bypassing of the national minimum wage through disguised employment.
Should you require any further information regarding the National Minimum Wage Bill, please do not hesitate to contact us.
Latest News
The application of the reportable arrangement provisions to contributions to offshore discretionary trusts
Offshore discretionary trusts by Erich Bell, Director Werksmans Tax Proprietary Limited The reportable arrangement provisions in Part B of Chapter [...]
The existence of a disputed arbitration agreement: Whose call?
Arbitration agreement by Pierre Burger, Director Arbitration is a consensual process – it depends on an agreement between the parties [...]
Swanepoel v KPMG Services (Pty) Ltd (J494/19) [2021] ZALCJHB 457 (13 December 2021)
Termination of the employment relationship in terms of the UI-19 by Bankey Sono, Director and Neo Sewela, Candidate Attorney Very [...]
CCMA pronounces on mandatory vaccination policy
Mandatory vaccination policy On Friday 21 January 2022, the Commission for Conciliation, Mediation and Arbitration (CCMA) delivered a much anticipated first pronouncement [...]
Effects of Business Rescue
What effect does business rescue have? 1. What happens to the directors during business rescue? The directors of the company [...]
Who was worse: The Attorney or the Legal Practice Council?
Roll of attorneys In a matter recently heard before the Western Cape High Court, erstwhile attorney Gerrit Smit Van Wyk [...]
