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
Untangling the mischief of section 43 of the Electronic Communications Act: A missed opportunity in the Amendment Bill
by Corlett Manaka, Director and Head of Disputes, Akhona Bilatyi, Director and Koketso Rapoo, Senior Associate On 12 March 2026, [...]
A charge by any other name would smell as sweet
by Bradley Workman-Davies, Director The Labour Appeal Court's judgment in Machi v Chep SA (Pty) Ltd and Others serves as [...]
When a misdirected email becomes a data breach: The Information Regulator issues an enforcement notice on internal and accidental security compromises
by Armand Swart, Director, Hlonelwa Lutuli, Associate and Isabella Keeves, Candidate Attorney On 22 May 2026, South Africa’s Information Regulator [...]
Renting out your home? The Consumer Protection Act does not apply to you says Supreme Court of Appeal
by Armand Swart, Director In the judgment of Els v Venter and Another (449/2024) [2025] ZASCA 163 (27 October 2025), [...]
Bullies beware: When workplace toxicity becomes a dismissible offence
by Bradley Workman-Davies, Director For many years, workplace bullying occupied an uncomfortable space in South African labour law. Employers recognised [...]
The rule of law remains paramount: Lessons from City of Tshwane Metropolitan Municipality v Summer Season Trading 63 (Pty) Ltd
by Bulelwa Mabasa and Samkelo Ntuli, Candidate Attorney The dispute in Summer Season Trading 63 (Pty) Ltd v The City [...]
