employment & labour
Department: Employment and Labour REPUBLIC OF SOUTH AFRICA
National Minimum Wage Exemption

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National Minimum Wage Act
The Act prescribes minimum wages for all workers. The Act makes provision for an employer or an employers’ organisation, acting on behalf of its members, to apply for exemption. The Regulations makes provision for the form and manner in which exemptions must be made e.g. information to be submitted, obligations on employers to consult, criteria when evaluating and the period within which and application must be made.

Exemption Process
An application must be lodged through the National Minimum Wage system online by following procedures as prompted by the system by providing the following information as required by the system:
  • Businesses:

    Most recent annual financial statements with comparatives - that is:
    • Statement of financial performance (Income Statement - 3 years - current year predictions and 2 previous years)
    • Statement of financial position (Balance Sheet)
  • Private Households:
    • Statement of financial performance (Income Statement – 1 year)
  • Employees working hours and wage information
  • Proof of consultation with every representative trade union or, if no such union, the affected workers concerned
  • Download application and provide the Bargaining Council, union, affected workers with a copy of the application
  • If granted, display a copy of the exemption certificate at the workplace and provide a copy to the Bargaining Council, representative union and any workers who request a copy.