It is unfair labour practice for an employer to unilaterally alter hours of work or other conditions of employment in implementing the NWM

This was according to the Department of Employment and Labour's Dr Pravine Naidoo - Director: Advocacy and Stakeholder Relations at the Department's Head Office.

Dr Naidoo was speaking during the National Minimum Wage (NMW) Seminar, which was hosted by the Department of Employment and Labour's Inspection and Enforcement Services today (31 January, 2023) at the Premier Express Inn at George in the Western Cape.

The Seminar was a target to employees, employers and other relevant stakeholders within the hospitality sector in the area of George, which is "identified as a vulnerable sector as there has been numerous complaints from employees about non-compliance by employers to labour legislation".

"This Seminar is an intervention to ensure that employers comply with paying the National Minimum Wage and that employers are aware of their rights. This area of George in the Southern Cape was chosen because of the huge hospitality industry given that a sizable number of South African tourists are coming to this area of the Western Cape," said Dr Naidoo.

"A large number of employees work in hotels, Bed and Breakfasts and holiday establishments in this area, and a targeted intervention was required to address the issue of compliance with labour laws," said Dr Naidoo.

Dr Naidoo told the attendees that "if the employer works for less than four hours, the employer shall pay the worker as if they have worked for four hours in a day".

"If the worker is paid on the basis other than the number of hours worked, the worker may not be paid less than the minimum wage for ordinary hours of work," said Dr Naidoo.

Dr Naidoo emphasised to the attendees that the National Minimum Wage is currently at R 23. 19 for employees or workers in the hospitality industry as well.

He explained to the stakeholders that the NMW does not include payment of allowances (such as transport, tools, food accommodation) payments in kind (board or lodging), tips bonuses and gifts: unless it is specified in the Sectoral Determination.

The NMW's purpose is to advance economic development and social justice by: improving the wages of the lowest workers, protecting workers from unreasonable low wages, preserving the value of the NMW, promoting collective bargaining and supporting economic policy.

Dr Naidoo delivered his presentation to stakeholders on the National Minimum Wage Act, Regulations and Basic Conditions of Employment Act 75 of 1997 Amendments and other speakers were Mr Lesetsa Nkgweng, from the Employment and Labour's Compensation Fund who was presenting on the Employer Services; Ms Trudy Damons from the Department's Western Cape Unemployment Insurance Fund who delivered a presentation on the Unemployment Insurance Benefits and Mr Firgil Philips from the Commission for Conciliation, Mediation and Arbitration (CCMA) in the Western Cape who made a presentation on National Minimum Wage (NMW) Reported Cases.

The NMW will be adjusted each year in consideration of inflation, the cost of living, wage levels, wage differentials, productivity, the ability of businesses to carry on successfully and impact on SMME's and employment.

For more information, contact:

Teboho Thejane

Departmental Spokesperson

082 697 0694

[email protected]

-ENDS-

Issued by: Department of Employment and Labour​

​​