Bills published for public comments

The recently-approved National Minimum Wage (NMW) Bill, including the amendment of the Basic Conditions of Employment Act (BCEA) and the Labour Relations Act (LRA), by cabinet, have been published in Government Gazette No. 41257 of 17 November 2017 for public comments.

The National Minimum Wage Bill makes provision for the introduction and enforcement of a minimum wage of R20 per hour which is due to come into effect on 1 May 2018. There are a few exceptions to the national minimum wage which include:

  • The minimum wage for farm workers will be 90% of R20 per hour (R18 per hour)
  • The minimum wage for domestic workers will be 75% of R20 per hour (R15 per hour)
  • The minimum wage for workers on an expanded public works programme is R11 per hour

The Basic Conditions of Employment Bill, 2017 seeks to introduce amendments to the Basic Conditions of Employment Act, 1997 in line with the enactment of the National Minimum Wage Act, 2017. The primary amendments to be introduced relate to the repeal of sections of the BCEA that relate to the making of sectoral determinations and the powers and functions of the Employment Conditions Commission.

Amendments to the Labour Relations Act aim to strengthen collective bargaining and to introduce an advisory arbitration measure to resolve strikes. The LRA amendments will be accompanied by a Code of Good Practice on Collective Bargaining, Industrial Action and Picketing. The Code is intended to provide practical guidance on collective bargaining, the resolution of disputes of mutual interest and to industrial action.

The Bills as published in Government Gazette 41257 can be accessed by following the link below: http://www.gpwonline.co.za/Gazettes/Pages/Published-National-Regulation-Gazettes.aspx

For information to comment on the draft Bills, please follow this link: https://www.gov.za/sites/default/files/41257_rg10779_gon1277.pdf

 

Contact our legislation team at info@crs.co.za if you require any additional information.

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