Basic Conditions of Employment Act, 1997
R 385
National Minimum Wage Act, 2018 (Act No. 9 of 2018)Chapter 2 : National Minimum Wage5. Calculation wage |
| (1) | Despite any contract or law to the contrary, the calculation of a wage for the purposes of this Act is the amount payable in money for ordinary hours of work excluding— |
| (a) | any payment made to enable a worker to work including any transport, equipment, tool, food or accommodation allowance, unless specified otherwise in a sectorial determination; |
| (b) | any payment in kind including board or accommodation, unless specified otherwise in a sectoral determination; |
| (c) | gratuities including bonuses, tips or gifts; and |
| (d) | any other prescribed category of payment. |
| (2) | Subject to section 9A of the Basic Conditions of Employment Act, a worker is entitled to receive the national minimum wage for the number of hours that the worker works on any day. |
| (3) | Subject to subsection (2), if the worker is paid on a basis other than the number of hours worked, the worker may not be paid less than the national minimum wage for the ordinary hours of work. |
| (4) | Any deduction made from the remuneration of a worker must be in accordance with section 34 of the Basic Conditions of Employment Act, provided that a deduction made in terms of section 34(1)(a) of the Basic Conditions of Employment Act does not exceed one quarter of a worker’s remuneration. |
