South Africa’s National Minimum Wage: A Deep Dive into Fair Employment Practices and the Fight Against Exploitation

  • National Minimum Wage (NMW) Implementation: The article discusses the implementation of the National Minimum Wage in South Africa, which stands at R25.42 per hour as of March 2023. It emphasizes that it is an unfair labour practice for employers to unilaterally alter work hours or other employment conditions while implementing the NMW.
  • Understanding Unfair Labour Practices: The piece elaborates on what constitutes unfair labour practices in the context of the NMW, such as reducing work hours without mutual agreement or making deductions without written consent from the employee.
  • Role of the CCMA: The Commission for Conciliation, Mediation and Arbitration (CCMA) plays a crucial role in resolving disputes related to unfair labour practices and NMW violations. The article explains the CCMA's jurisdiction and the process for referring disputes to the Commission.
South Africa is considering raising the minimum wage

In a recent seminar held at Hotel Savoy in Mthatha, Eastern Cape, the Department of Employment and Labour’s Director: Advocacy & Stakeholder Relations, Dr Pravine Naidoo, shed light on the intricacies of implementing the National Minimum Wage (NMW) in South Africa. The seminar, themed “Paying the National Minimum Wage is the Right Thing to Do”, served as a platform to discuss the implications of the NMW on employment conditions and the potential for unfair labour practices.

The National Minimum Wage: A Pillar of Fair Employment

As of March 2023, South Africa’s national minimum wage is set at R25.42 per hour, a significant increase from the previous R23.19 per hour. This wage applies to all workers in South Africa, setting a floor below which no worker should be paid. The NMW is a critical component of the country’s labour laws, designed to ensure fair compensation for work and to protect workers from exploitation.

However, the implementation of the NMW has raised concerns about potential unfair labour practices. Dr Naidoo emphasized that it is an unfair labour practice for an employer to unilaterally alter hours of work or other conditions of employment in implementing the NMW. Such actions can be referred to the Commission for Conciliation, Mediation and Arbitration (CCMA) under the Labour Relation Act 66 of 1995 (LRA).

Understanding Unfair Labour Practices

Unfair labour practices in South Africa are defined as deceitful or discriminating acts or omissions that infringe on the rights of employees. In the context of the NMW, reducing hours of work without mutual agreement can be considered an unfair labour practice.

Dr Naidoo also highlighted that the NMW does not include payment of allowances such as transport, tools, food or accommodation, payments in kind -board or lodging, tips, bonuses nor gifts; unless it is specified in the Sectoral Determinations (SDs). He warned employers against making deductions without written agreement from the employee or unless the deduction is required or permitted by law, collective agreement, court order, or an arbitration award.

The Role of the CCMA

The CCMA plays a crucial role in resolving disputes related to unfair labour practices and NMW violations. Unathi Ramabulana, addressing the seminar, explained that the CCMA has jurisdiction to conciliate and arbitrate disputes brought directly to it by an employee earning below the threshold (R241 110.59 per year) for any amount owing in terms of the National Minimum Wage Act, a contract of employment, a sectoral determination, or a collective agreement.

CCMA Acting Regional Commissioner, Christopher Blayi, further elaborated on the BCEA and NMWA related disputes referral processes to the Commission. He emphasized that disputes must be heard within 30 days via Con-Arb and that compliance orders and undertakings can be referred to the CCMA to be made an Arbitration Award, which can be executed via Sheriff of the court.

Compliance is Key

In the 2022/23 financial year, the Commission in Mthatha received 16 referrals for failure to pay an amount owing in terms of the NMWA. However, so far, there has been no referral for such claims in the current year. Commissioner Blayi concluded the seminar with a powerful message: “If you think compliance is expensive, try noncompliance.”

As South Africa continues to navigate the complexities of fair employment and labour practices, the role of the NMW and institutions like the CCMA becomes increasingly crucial. Employers and employees alike must understand their rights and responsibilities under the law to ensure a fair and equitable workplace.

Visited 1 times, 1 visit(s) today

Stay ahead in the financial world – Sign Up to Rateweb’s essential newsletter for free. Get the latest insights on business trends, tech innovations, and market movements, directly to your inbox. Join our community of savvy readers and never miss an update that could impact your financial decisions.

Do you have a news tip for Rateweb reporters? Please email us at


Start trading with a free $30 bonus

Trade stocks, forex, commodities, metals and CFDs on stock indices with an internationally licensed and regulated broker. For all clients who open their first real account, XM offers a $30 trading bonus without any initial deposit needed. Learn more about how you can trade over 1000 instruments on the XM MT4 and MT5 platforms from your PC and Mac, or from a variety of mobile devices.


Personal Financial Tools

Below is a list of tools built to assist South Africans to make the best financial decisions:



South Africa’s primary source of financial tools and information

Contact Us


Rateweb strives to keep its information accurate and up to date. This information may be different than what you see when you visit a financial institution, service provider or specific product’s site. All financial products, shopping products and services are presented without warranty. When evaluating offers, please review the financial institution’s Terms and Conditions.

Rateweb is not a financial service provider and should in no way be seen as one. In compiling the articles for our website due caution was exercised in an attempt to gather information from reliable and accurate sources. The articles are of a general nature and do not purport to offer specialised and or personalised financial or investment advice. Neither the author, nor the publisher, will accept any responsibility for losses, omissions, errors, fortunes or misfortunes that may be suffered by any person that acts or refrains from acting as a result of these articles.