Page 9 - DRG HR HANDBOOK- Nikita Pillay
P. 9

ƒ An employee earning less than the maximum        it appears that with effect from 1 March 2022, domestic
           income threshold is entitled to a percentage of    workers and farmworkers will also be entitled to the
           his / her income. Employees earning more than      national minimum wage of ZAR 23.19.
           the maximum income threshold are only entitled
                                                              However, exceptions are still made for the following
           to a percentage of that threshold amount.
                                                              working groups:.
           ƒ The income of an employee is determined by
                                                                 ƒ As in previous years, the adjustment provides
           looking at his / her daily rate.
                                                                 exceptions for several worker groups, including:
           ƒ An employee will be able to claim one day’s income
                                                                 ƒ Farmworkers are entitled to a minimum wage of
           for every five days of work, which can build up to
                                                                 R23.19 per hour;
           a maximum of 365 days over a 4-year period of
                                                                 ƒ Domestic workers are entitled to a minimum wage
           continued employment. In other words, if an
                                                                 of R23.19 per hour;
           employee has contributed to the Unemployment
           Insurance Fund for a period of four years, she / he      ƒ Workers employed on an expanded public works
           will be entitled to claim benefits for 365 days. If       programme are entitled to a minimum wage of
           the employee has contributed to the Unemployment       R12.75 per hour;
           Insurance Fund for a shorter period she / he will      ƒ Workers who have concluded learnership
           only be entitled to claim one day for every 5-days       agreements contemplated in section 17 of the
           of work.                                              Skills Development Act, 1998 (Act No 97 of 1998),

           ƒ An employee may claim maternity benefits for a       are entitled to allowances contained in schedule 2.
           period of 17.32 weeks.
                                                              The  national  minimum  wage  forms  the  minimum  floor
           ƒ An employee may only claim benefits for the period    for wages. This means that every worker will be entitled
           in which she / he is unemployed; however, if an    to at least the minimum wage and no employer may
           employee receives benefits from the Compensation    pay less than the minimum wage. The minimum wage

           Fund, receives a pension or earns income, she /    cannot be varied by contract, collective agreement, or
           he may not claim benefits from the Unemployment    law, except to the extent that an employee’s contract of
           Insurance Fund.                                    employment, a collective agreement or law provides for
           ƒ An employee may not be paid a benefit, that is    a more favourable wage.
           more than his / her normal income.
                                                              The  national  minimum wage is the  amount  payable  in
                                                              money for ordinary hours worked by an employee and
        NATIONAL MINIMUM WAGE 2022
                                                              excludes payments of allowances such as transportation,
        The national minimum wage determined by the Minister   tools, food, accommodation, payments in kind, bonuses,
        in accordance with the National Minimum Wage Act      tips, and gifts.
        (NMWA) has been increased to ZAR 23.19 for each
                                                              It  will  be  an unfair labour practice  for  an employer  to
        ordinary hour worked.
                                                              unilaterally alter an employee’s wages, working hours
        The NMWA provides for minimum wages to be applied in   or other conditions of employment to implement
        respect of several working groups. This notwithstanding,   the new minimum wage.                        9
   4   5   6   7   8   9   10   11   12   13   14