It said the NMW determination includes vulnerable sectors such as farm workers and domestic workers, whom since 2022 were aligned with the NMW rates.
The department said the 4.2% increase shall apply to all workers. The NMW cannot be varied by contract, collective agreement or law; and it is also an unfair labour practice for an employer to unilaterally alter hours of work or other conditions of employment in implementing the NMW.
“The NMW does not apply to a volunteer, who is a person who performs work for another person and who does not receive or is not entitled to receive any remuneration for his or her service,” the department said.
It said the NMW does not include payment of allowances such as transport, tools, food or accommodation, or payments in kind (board or lodging), tips, bonuses and gifts.
However, the Institute of Race Relations (IRR) said the department had failed to make it clear, either in the Government Gazette or in its public statements, that the period for public comment on the NMW adjustment should still be open.
It said not only had this crucial fact not been properly communicated, but Meth had failed to provide any channel for the public to use to submit written comment on the draft regulations.
Minister announces 4.2% increase in national minimum wage for 2025
March 1 is the date on which the amendment of the minimum wage will be effective
Image: Freddy Mavunda
Employment and labour minister Nomakhosazana Meth has announced an increase of the national minimum wage (NMW) rates for 2025 from R27.58 to R28.79 for each ordinary hour worked.
The minister fixed March 1 as the date on which the amendment of the minimum wage will be effective. The NMW is the minimum amount of pay that an employer is legally required to remunerate employees for work done. No employee should be paid below the national minimum wage.
However, because of special dispensation under which they are hired, workers employed on expanded public works programme are entitled to a minimum-wage increase of R15.83 from R15.16 per hour.
These new amounts were in a Government Gazette published on Tuesday.
The government introduced the implementation of the National Minimum Wage Act in 2019. The NMW is subject to annual review and increases annually from March 1.
The department said the NMW amendment was enforced by law and binding, and violations of the act were subject to fines.
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It said the NMW determination includes vulnerable sectors such as farm workers and domestic workers, whom since 2022 were aligned with the NMW rates.
The department said the 4.2% increase shall apply to all workers. The NMW cannot be varied by contract, collective agreement or law; and it is also an unfair labour practice for an employer to unilaterally alter hours of work or other conditions of employment in implementing the NMW.
“The NMW does not apply to a volunteer, who is a person who performs work for another person and who does not receive or is not entitled to receive any remuneration for his or her service,” the department said.
It said the NMW does not include payment of allowances such as transport, tools, food or accommodation, or payments in kind (board or lodging), tips, bonuses and gifts.
However, the Institute of Race Relations (IRR) said the department had failed to make it clear, either in the Government Gazette or in its public statements, that the period for public comment on the NMW adjustment should still be open.
It said not only had this crucial fact not been properly communicated, but Meth had failed to provide any channel for the public to use to submit written comment on the draft regulations.
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The IRR said the combined effect was to shut down the legally required public participation.
It said Meth’s conduct was in direct contradiction of the duty imposed by the NMW Act, which stated that 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”.
The institute said it had written to Meth requesting that she urgently publish a revised draft of the regulations to comply with the law.
“This must include a clear invitation for public comment, details of the channels the public can use to submit their comments, and confirmation that such comments can be made within at least 21 days of the publication of the lawfully corrected draft. People’s voices must be heard,” the IRR said.
In December the national minimum wage commission announced its recommendation for the NMW for 2025 after its recent invitation for written representations on potential adjustments.
It recommended that the minimum wage for 2025 be adjusted by the consumer price index, plus 1.5%.
The commission also invited the public to submit written representations by January 14.
TimesLIVE
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