Page 73 - Q&A 2019/2020

Can my business be exempted from paying the
national minimum wages?

Tata Mokwayi
February 2019
“I run a local supermarket and have quite a number of employees that work
for me. I understand that with the new Minimum Wage Act I am now required to
pay the minimum wages. This will definitely hurt my business. Is this compulsory
and must I immediately pay these minimum wages?”

You are correct that a new national wage dispensation came into effect on 1
January 2019 with the passing of the National Minimum Wage Act (“Act”). This
Act was promulgated to specifically address large disparities in income that
exist in our labour market.

The Act will apply to most workers and their employers, with a limited number
of exclusions like the SANDF etc. allowed for. The Act requires employers to pay
their workers the national minimum wage of R20.00 per hour. A minimum wage
of R18.00 per hour for farm workers or R15.00 per hour for domestic workers will
commence on a date still to be fixed by the President.
Understanding, that certain employers may be adversely affected by the
national minimum wage, the Act also provides for a process of exemptions
whereby an employer can apply online for an exemption of paying the
minimum wage if they can show that they cannot afford to pay the national
Labour minimum wage to their workers. Here elements such as affordability, profitability,
and prior consultation will be taken into account.
No exemption will be granted that is less than 90% of the minimum wage set
for that worker. In other words, even with an exemption, an employer will still be
required to pay no less than 90% of the established minimum wage for that
worker.

An exemption granted will have to specify the period for which the exemption
is granted, but which may not be longer than one year, the wages that the
employer will be required to pay and other conditions that may be deemed
relevant.

In your case, you will have to pay your workers the required minimum wage.
Should you consider applying for an exemption, it would be advisable to
approach your labour advisor for assistance in formulating your request for
exemption to ensure that it meets all the regulatory requirements for a correct
exemption application.

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