CCMAMail & Guardian reports that the Commission for Conciliation, Mediation and Arbitration (CCMA) has received 1,073 national minimum wage (NMW) referrals for the first half of this year, thereby pushing its overall caseload to over 100,000 complaints.  

Its work also includes 8,792 cases involving basic conditions of employment.  But according to CCMA director Cameron Morajane, there is no backlog of cases and the statutory body has “put measures in place to be able to process referrals within the statutory 30-day period, including early engagement with the parties through our pre-conciliation process”.  He indicated that of the NMW cases, “a total of 17% arbitration awards were issued”, meaning that 182 cases have been dealt with so far.  According to the department of labour’s chief director responsible for labour relations, Thembinkosi Mkalipi, not all companies are complying with the minimum wage law, viz.:  “If your question is whether all employers are complying with the law, the answer [is] ‘No’.  That is why there are cases at the CCMA.”  The department said it regularly held inspections and “employers that are found [to be] noncompliant are given a chance to rectify, failing which we refer them to the CCMA.  This is happening currently.”  The NMW came into effect on 1 January.  It stipulates a minimum wage of R20 an hour, or R3,500 a month.  Employers unable to comply can apply for exemptions based on their financial circumstances and after consultation with affected employees.  Between January and June this year, 385 exemption applications were received, of which 247 were approved, thereby affecting 45,051 workers.


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