National Minimum Wage Act, 2018 (Act No. 9 of 2018)Chapter 4 : General16. Regulations |
| (1) | The Minister must, after consulting NEDLAC and where appropriate after consulting the Commission, make regulations relating to— |
| (a) | the form and manner in which exemptions must be made in terms of section 15(1), which include the— |
| (i) | procedure for applying for an exemption; |
| (ii) | information to be submitted with an exemption application; |
| (iii) | obligations on employers to consult with employees or trade unions concerning an exemption application; |
| (iv) | criteria that must be applied when evaluating exemption applications; |
| (v) | period within which an application must be made; and |
| (vi) | period within which a decision on an exemption application must be made; and |
| (b) | the publication of data on exemptions. |
| (2) | The Minister may make regulations which the Minister considers necessary or expedient to be prescribed in order to achieve the primary objects of this Act. |
| (3) | The Minister must publish the draft of any regulations that the Minister proposes to publish in terms of this Act in the Gazette and allow interested parties at least 21 days to comment in writing on the draft regulations. |
| (4) | If the Minister alters the draft regulations based on the comments received from interested parties, it shall not be necessary to publish those alterations before making the final regulations. |
| (5) | The Minister must table the regulations in Parliament. |