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Friday, January 18, 2019
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National minimum wage and how it applies to domestic workers

The National Minimum Wage Act 9 of 2018 provides for a national minimum wage. The national minimum wage is R20 for each ordinary hour worked. There are, however, certain exceptions to the national minimum wage amount of R20 per hour. Domestic workers are entitled to a minimum wage of R15 per hour.

National Minimum Wage Act 9 of 2018 – what you need...

The National Minimum Wage Act 9 of 2018 (NMWA) came into effect on 1 January 2019. The NMWA provides for, amongst others, a national minimum wage; the establishment of a National Minimum Wage Commission; a review and annual adjustment of the national minimum wage; and the provision of an exemption from paying the national minimum wage.  

Jail time for cartel conduct?

The amendments to the Competition Act, 1998, which introduce criminal liability for cartel conduct, came into effect on 1 May 2016.

Why you should trade mark your cannabis

Brand owners take note. The movement to legalise the possession and consumption of cannabis is real. With the growing global trend to recognise cannabis as legal it can only be a matter of time until various other cannabis products will be legalised too.  

Johannesburg fire raises legal considerations for workers

The recent fire which broke out in a government building in central Johannesburg lead to the tragic loss of lives of three firefighters who were attempting to put out the blaze. The lives, and health of safety of employees working in the building were also put at risk.

The importance of a data breach plan

South Africans have read about, and many have unfortunately experienced, significant data breaches this year already. Even the Presidency’s website was targeted in July 2018.

Workplace racism – the question of culture?

Is the dismissal of an employee, who compares a fellow employee to a monkey, fair, if the employee doing so alleges the statement was made in a friendly and inoffensive manner, according to the employee’s culture?

Offshore trust rules to be tightened?

The general principle is that South African resident individuals who have settled offshore trusts are taxed on the income and capital gains of that trust (or its underlying subsidiary) in terms of the Income Tax Act, 1962 (the Act).  

Transfer pricing | Section 31 tested

Multinationals with South African group companies are required to adhere to South Africa’s transfer pricing legislation as found in section 31 of the Income Tax Act, 58 of 1962, which provisions in very simple terms require cross-border transactions (which include loans) to be conducted on an arm’s length basis.

JUDGEMENT | Labour brokers – at last some certainty

Employees, earning below the prescribed earnings threshold of R205,433.30 per annum, who are placed with a client by a temporary employment service (TES) for a period exceeding three months are solely employed by the client, and the TES is no longer the employer of that employee.
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