Draft Regulations to the National Minimum Wage (NMW) Bill

The Department of Labour invites you to comment on the draft regulations to the National Minimum Wage (NMW) Bill.

The Regulation seeks to provide for a form and manner in which exemptions must be made in terms of the clause 15(1) of the NMW Bill.

Comments can be emailed to [email protected] or [email protected] by no later than Wednesday, 20 June 2018.

Enquiries can be directed to the Department of Labour on 012 392 9627 or 012 392 9625

Exemptions
 15. (1) An employer or an employers’ organisation registered in terms of section 96 of the Labour Relations Act, or any other law, acting on behalf of a member, may, in the prescribed form and manner, apply for an exemption from paying the national minimum wage

(2) An exemption granted in terms of this section— (a) must specify the period for which it is granted, which may not be longer than one year; (b) must specify the wage that the employer is required to pay workers; and (c) may contain any other relevant condition.

(3) The Minister may delegate or assign powers or duties arising out of the application of this section, excluding the power to make regulations, in accordance with the provisions of section 85 of the Basic Conditions of Employment Act.

Regulations
16. (1) The Minister must, after consulting NEDLAC and where appropriate after consulting the Commission, make regulations relating to— (a) the form and manner in which exemptions must be made in terms of section 15(1), which include the— (i) procedure for applying for an exemption; (ii) information to be submitted with an exemption application; (iii) obligations on employers to consult with employees or trade unions concerning an exemption application; (iv) criteria that must be applied when evaluating exemption applications; (v) period within which an application must be made; and (vi) period within which a decision on an exemption application must be made; and (b) the publication of data on exemptions.

(2) The Minister may make regulations which the Minister considers necessary or expedient to be prescribed in order to achieve the primary objects of this Act.

(3) The Minister must publish the draft of any regulations that the Minister proposes to publish in terms of this Act in the Gazette and allow interested parties at least 21 days to comment in writing on the draft regulations.

(4) If the Minister alters the draft regulations based on the comments received from interested parties, it shall not be necessary to publish those alterations before making the final regulations.

(5) The Minister must table the regulations in Parliament.