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South African labour law has developed a rich body of case law since the Labour Relations Act was first introduced in 1995, and most employees are well aware of their rights not be unfairly dismissed, and to not be subject to unfair labour practices.
Last month the Department of Labour (DOL) released a media brief noting that the Commission for Conciliation, Mediation and Arbitration (CCMA) has requested that the DOL investigate the growing practice of deliberate circumvention of labour laws amongst employers.
What are the practicalities in implementation when trying to apply and decode the draft Bill? I have spent considerable time recently evaluating the practicalities of implementing the Bill on the NMW at numerous clients’ requests. I find it lacking clarity as there are no practical methods for calculating wages and it doesn’t adhere to ‘plain language principle’.
In the real world of economic consequences, the NMW is set to harm a great many unfortunates who currently earn incomes that are well below the NMW. The NMW will cause many to lose their jobs and make it even more difficult for the 9.48 million unemployed to access jobs.
Gillian Lumb | Regional Practice Head, Director | Cliffe Dekker Hofmeyr | email@example.com | www.cliffedekkerhofmeyr.com | Discussions surrounding labour law in South Africa can be...