Cape Town - It is unfair labour practice for an employer to unilaterally alter hours of work or other conditions of employment in implementing the National Minimum Wage (NMW).
This is according to director for advocacy and stakeholder relations at the Department of Employment and Labour, Dr Pravine Naidoo, who was speaking during a NMW seminar in George.
The seminar was targeted at employees, employers and others within the hospitality sector in George. The department said it was “identified as a vulnerable sector” following numerous complaints from employees about non-compliance with labour legislation by employers.
“This seminar is an intervention to ensure that employers comply with paying the NMW and that employees are aware of their rights.
“This area of George in the Southern Cape was chosen because of the huge hospitality industry, given that a sizable number of South African tourists are coming to this area of the Western Cape,” said Naidoo.
“A large number of employees work in hotels, Bed and Breakfasts and holiday establishments in this area, and a targeted intervention was required to address the issue of compliance with labour laws.”
Naidoo told attendees that “if the employee works for less than four hours, the employer shall pay the worker as if they have worked for four hours in a day”.
“If the worker is paid on a basis other than the number of hours worked, the worker may not be paid less than the minimum wage for ordinary hours of work.”
Naidoo emphasised that the NMW is currently at R23.19 for employees or workers in the hospitality industry.
The NMW does not include payment of allowances such as transport, tools, food, accommodation; payments in kind, board or lodging; tips, bonuses and gifts, unless it is specified in the Sectoral Determination.
Cape Times