The South African Department of Employment and Labour is committed to addressing unfair employment practices, particularly those related to the implementation of the National Minimum Wage (NMW). In a recent advocacy seminar held at Hotel Savoy in Mthatha, Eastern Cape, Dr. Pravine Naidoo, the Director of Advocacy & Stakeholder Relations, emphasized the importance of fair labor practices when implementing the NMW.
Unfair Labor Practices
Dr. Naidoo warned employers not to unilaterally alter working hours or other employment conditions while implementing the NMW. Such actions would be considered unfair labor practices, and employees would be advised to refer their cases to the Commission for Conciliation, Mediation, and Arbitration (CCMA) under the Labor Relations Act.
The National Minimum Wage Act
The seminar also discussed the National Minimum Wage Act and its implications for employers and employees. Dr. Naidoo clarified that the NMW does not include allowances such as transport, tools, food, or accommodation, nor does it cover payment in kind, tips, bonuses, or gifts unless specified in the sectoral determination (SD). He cautioned employers against making deductions without employees’ written consent or the presence of a specified debt or legal requirement.
Basic Conditions of Employment Act
Unathi Ramabulana discussed amendments to the Basic Conditions of Employment Act (BCEA) and explained that Sectoral Determinations regulate specific employment conditions beyond the scope of the BCEA. In contrast, the NMWA primarily governs the minimum wage payable to workers by employers.
Dispute Resolution
The CCMA has jurisdiction to handle disputes brought forth by employees earning below the threshold of R241,110.59 per year concerning the NMWA, contractual agreements, sectoral determinations, or collective agreements. Employers found to be non-compliant with the NMWA would face fines imposed by a labor inspector. The fines would amount to twice the value of the underpayment or twice the monthly wage for first-time offenders and three times the value or monthly wage for repeat offenders.
Importance of Compliance
The seminar also featured CCMA Acting Regional Commissioner Christopher Blayi, who emphasized the importance of compliance. He explained the referral processes related to BCEA and NMWA disputes and highlighted that disputes must be heard within 30 days via Con-Arb, with no objections allowed. Compliance orders and undertakings can be referred to the CCMA for arbitration awards, which can then be executed through the court’s sheriff.
The importance of fair employment practices and adherence to the National Minimum Wage Act for creating a just and equitable work environment cannot be overstated. As the fight against unfair labor practices continues, it’s crucial for employers, employees, and stakeholders to work collaboratively to ensure compliance and promote fair treatment in the workplace. As CCMA Acting Regional Commissioner Christopher Blayi aptly stated, “If you think compliance is expensive, try noncompliance.”
