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ARTICLE · 29 JULY 2021

Exemption To The Minimum Wage Rule

A large part of South Africa's workforce has seen the effect of the recently updated national minimum wage.

South AfricaEmployment and HR

A large part of South Africa's workforce has seen the effect of the recently updated national minimum wage. The update came as per the national legislation requiring the Minister of Labour to review the national minimum wage within 2 (two) years of its enactment. As such, the recent update raised interest in whether employers can in any way be exempted from paying this minimum wage.

The Wage Rate

The National Minimum Wage Act 9 of 2018 (hereinafter referred to as 'the Act') was needed to address the vast disparities in income within the country. As a result, a national minimum wage was enforceable from the time it was assented to. Accordingly, Schedule 1 of the Act as read with Section 6(6) of the Act stipulated the following minimum pay per hour for workers:

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