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
Struggle songs in the workplace
By Jacques van Wyk, Director and Yusha Davidson, Candidate Attorney ISSUE Is the singing of struggle songs in the workplace [...]
Draft Employment Equity Regulations, 2018
By Jacques van Wyk, Director and Yusha Davidson, Candidate Attorney The Minister of Labour has published the Draft Employment Equity [...]
The Employment Equity Amendment Bill, 2018
By Jacques van Wyk, Director and Yusha Davidson, Candidate Attorney The Employment Equity Amendment Bill, 2018 ("Bill") amends specific provisions [...]
Director liability – OHSA/NEMA
This memo is intended to provide high level guidance on director liability under the National Environmental Management Act 107 of [...]
Reporting obligations of directors in terms of the Companies Act, No. 71 of 2008 – reckless trading and personal liability
Directors are obligated to report financial distress – failure to do so might result in personal liability. The Companies Act [...]
China: motivation for e-commerce to act against counterfeiting
By Janine Hollesen and Donvay Wegierski, Directors On 31 August 2018, China introduced legislation making online operations accountable. Online service [...]
