For The People

Labour Department to Name and Shame Non-Compliant Employers

Employers who are not complying with the new National Minimum Wage (NMW) could see their names be published on the website of the Department of Labour, the Department of Labour said on Wednesday.

In her address to more than 400 labour inspectors, the department’s Chief Director for Statutory Services, Fikiswa Mncanca, was addressing more than 400 labour inspectors. She said that was speaking to about 400 inspectors in East London on the state of readiness of the Department to implement and enforce the NMW, which was recently signed into law.

“Shaming such employers will ensure they are recognized as people intent on defying the state. This will go on to ensure that they will not be able to do business with government,” Mncanca indicated. She said that non-compliant employers will be fined an amount equal to twice the value of the underpayment or twice the month wages, whichever is greater. According to Mncanca the department is required in terms of section 76 (4) of the Basic Conditions of Employment Act (BCEA) on a quarterly basis, to publish in its official website, all employers that were issued with compliance orders.

She echoed that the objective of the NMW is to “advance economic development and social justice by improving the wages of the lowest paid workers, protecting workers from unreasonable low wages, preserving the value of the NMW, promoting collective bargaining and supporting economic policy.”

The NMW sets the benchmark for wages to be paid by employers. As from 01 January 2019 no worker should be earning less R20.00. For farm and forestry workers the amount is R18.00 per hour and for domestic workers R15.00 and for Extended Public Works Programme (EPWP) workers it is R11.00 per hour. The amounts will be reviewed annually by a committee comprised of all relevant stakeholders according to the NMW.

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