What does the new CCMA jurisdiction and national minimum wage mean for employers?
The National Minimum Wage came into effect on 1 January 2019. The first pay day for the new wages are around the corner and as such the CCMA are preparing for an influx of complaints.
The amendments made to the Basic Conditions of Employment Act also extended the Jurisdiction of the CCMA.
The CCMA’s jurisdiction has been extended to allow employees and Labour inspectors to refer the matter to the CCMA if they are not being paid the National Minimum Wage.
Section 73A of the Basic Conditions of Employment Act now states that any employee or worker as defined in section 1 of the National Minimum Wage Act, 2018, may refer a dispute to the CCMA concerning the failure to pay any amount owing to that employee or worker in terms of this Act, the National Minimum Wage Act, 2018, a contract of employment, a sectoral determination or a collective agreement.
What happens if employers do not comply?
Should employers not comply with the specified National Minimum Wage, an arbitration order may be granted against employers to pay the National Minimum Wage. A Labour Inspector may issue a compliance order to employers who fail to pay their employees the National Minimum Wage, if not adhered to it can be referred to the CCMA to be made an arbitration award.
This article was sponsored by LabourNet Nelspruit. For more information, please contact Jurgen du Plessis.
