Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997)Chapter Eight : Sectoral Determinations51. Sectoral determination |
| (1) | The Minister may make a sectoral determination establishing basic conditions of employment for employees in a sector and area. |
| (2) | A sectoral determination must be made in accordance with this Chapter and by notice in the Gazette. |
| (3) | If any sectoral determination at the date of the promulgation of the National Minimum Wage Act, 2018, prescribes wages that are higher than the national minimum wage, the wages in that sectoral determination and the remuneration and associated benefits based on those wages must be increased proportionally to any adjustment of the national minimum wage in terms of the National Minimum Wage Act, 2018. |
[Section 51(3) inserted by section 4 of Notice No. 1302, GG 42059, dated 27 November 2018]
| (4) | Notwithstanding the provisions of any sectoral determination, an employer must pay a learner an allowance as prescribed in Schedule 2 of the National Minimum Wage Act, 2018, as is adjusted from time to time, from the date that the National Minimum Wage Act, 2018, comes into force. |
[Section 51(4) inserted by section 4 of Notice No. 1302, GG 42059, dated 27 November 2018]
| (5) | For the purpose of subsection (4)— |
| (a) | "learner" means a learner as defined in Schedule 2 of the National Minimum Wage Act, 2018; and |
| (b) | "allowance" means an allowance as defined in Schedule 2 of the National Minimum Wage Act, 2018. |
[Section 51(5) inserted by section 5 of Notice No. 1302, GG 42059, dated 27 November 2018]