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URGENT CALL FOR COMMENTS: NATIONAL MINIMUM WAGE & BASIC CONDITIONS OF EMPLOYMENT ACT AMENDMENT BILL

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URGENT CALL FOR COMMENTS: NATIONAL MINIMUM WAGE & BASIC CONDITIONS OF EMPLOYMENT ACT AMENDMENT BILL
Nedlac has distributed the draft National Minimum Wage Bill and Basic Conditions of Employment Act Amendment Bill to constituencies. The Nedlac task team has been reconstituted (led by Kaizer Moyane and Tanya Cohen) and a first procedural meeting was held at Nedlac to finalise terms of reference. As anticipated, the timing was very tight to get the legislation through Nedlac in time for it to go to Parliament and meet the 01 May 2018 implementation date.

Please find attached in the hyperlink herewith below the first version of the National Minimum Wage Bill; the Basic Conditions of Employment Act Amendment Bill and explanatory memoranda that were distributed by Nedlac. A preliminary viewing of the Bills indicates that there are some significant challenges, including:

  • Definition of employee and that of remuneration
  • Enforcement through the CCMA rather than the Labour Court
  • Establishment of the NMW Commission does not specify that the Commission should be independent and how it will be appropriately resourced
  • Lack of 30 day turnaround on exemption period
  • Failure to include sectors or groups under exemption

Lack of provisions on the future status, operation and adjustment of sectoral determinations
Also attached in the hyperlink herewith below are the 2 matrices that will be used in Nedlac to comment on the Bills, with a preliminary population of the business response. A meeting has therefore been scheduled to take place after the Socpol meeting at 15h30 on 28 June 2017.Members interested in attending the meeting can kindly email Ms Jodene Erasmus on pa@tbcsa.travel.

Ahead of the meeting on 28 June, we request members to comment on the NMW and BCEA Bills in the given matrices (in the link herewith) and send it to pa@tbcsa.travel by Friday 23 June 2017.

  • Click here to download all the relevant documentation relating to the above

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