National Minimum Wage Self-Assessment

1. Do you pay every worker at least the current national minimum wage for each ordinary hour worked, including domestic and farm workers?

Reports say the rate for domestic and farm workers is now the same as the national rate. (NMW Act s4)

2. When you work out an hourly rate, do you divide the correct pay by the hours actually worked, and not count amounts that the Act does not allow?

(NMW Act, Regulations)

3. Do you check the rate for piece-rate, commission and part-time workers, so that they also receive at least the minimum for the hours they work?

(NMW Act)

4. Do you apply sectoral determinations or bargaining council rates if they set a higher minimum for your sector?

Sectoral minimums (for example in contract cleaning, and wholesale and retail) have been aligned with the national minimum wage, but may be higher for some categories. (NMW Act, BCEA sectoral determinations)

1. If you employ workers on the Expanded Public Works Programme or on learnerships, do you pay the specific rates set for them?

The EPWP rate is lower than the general rate. Reports differ on the exact figure (R16.62 and R15.16 were both reported), and the learnership rates are published by the Department. Check the Gazette. (NMW Act Schedule 1)

2. If you cannot afford the minimum, have you applied to the Department of Employment and Labour for an exemption and kept the approval, rather than just paying less?

(NMW Act s15)

1. Do you make deductions from pay only where the BCEA allows (for example law, agreement or order), and not so that pay falls below the minimum?

(BCEA s34, NMW Act)

2. Do you keep records of hours worked and pay for each employee, and give a payslip each pay period?

(BCEA s31, s33)

3. Do you let employees raise a complaint if they believe they are underpaid, and respond fairly and without victimisation?

(NMW Act, LRA s5)