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
Tax avoidance could be a tax trap
INTRODUCTION In 2016, the Income Tax Act ("the Act") was amended to provide for a further tax burden where [...]
The implementation of the BEPS multilateral instrument in South Africa
INTRODUCTION The implementation of the Base Erosion and Profit Shifting (BEPS) Multilateral Instrument in South Africa is progressing. On [...]
Employment Equity Act compliance
There has been a recent increase in the number of employment equity audits conducted by the Department of Labour on [...]
Application for registration of a bargaining council: private security sector
On 13 April 2017 ("Notice Date") the Department of Labour gave notice in the government gazette of receipt of an [...]
Sexual harassment: employers beware
ISSUE(S) In what circumstances an employer may be held liable for sexual harassment committed by one of its employees [...]
Employment of foreigners
Recently former Home Affairs Minister, Malusi Gigaba, announced that the Department of Home Affairs will move to punish employers who [...]
