Question NW212 to the Minister of Employment and Labour
23 February 2024 - NW212
Ceza, Mr K to ask the Minister of Employment and Labour
What strict enforcement measures has his department taken to ensure that there is vigorous monitoring of the National Minimum Wage Act, Act 9 of 2019, with severe penalties for noncompliance in relation to domestic workers, petrol attendants, security guards and cleaners?
Reply:
Domestic Workers:
There are inspections that are carried out to test compliance with the National Minimum Wage. These inspections are mostly reactive. In instances where there is non-compliance, notices are issued out. The noncompliant employers are provided with 14 days to comply. If an employer does not comply within the set time frames, there is referral to the CCMA for prosecution. The issuance of notices and referral for prosecution result in recoveries of monies in the form of underpayments. These are then handed to the workers who had been underpayment.
Petrol attendants, Security Guards and Cleaners:
These belong to relevant Bargaining Councils (BC’s) that deal with all matters that are related to Employment Standards. The BC’s have their own Agencies that have similar powers to those of Labour inspectors. They would therefore enforce compliance within these sectors. This would include compliance with the National Minimum Wage.