National Minimum Wage Act, 2018 (Act No. 9 of 2018)

Chapter 1 : Interpretation, Purpose and Application

1. Definitions

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In this Act, unless the context indicates otherwise—

 

"Basic Conditions of Employment Act"

means the Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997);

 

"Cabinet"

means the cabinet referred to in section 91 of the Constitution of the Republic of South Africa, 1996;

 

"Commission"

means the National Minimum Wage Commission established in terms of section 8;

 

"employer"

means any person who is obliged to pay a worker for the work that that worker performs for that person;

 

"Labour Relations Act"

means the Labour Relations Act, 1995 (Act No. 66 of 1995);

 

"Minister"

means the Minister of Labour;

 

"national minimum wage"

means the national minimum wage determined in Schedule 1 and adjusted annually in terms of section 6;

 

"NEDLAC"

means the National Economic Development and Labour Council established in terms of section 2 of the National Economic Development and Labour Council Act, 1994 (Act No. 35 of 1994);

 

"ordinary hours of work"

means the hours of work permitted in terms of section 9 of the Basic Conditions of Employment Act or in terms of any agreement in terms of section 11 or 12 of the Basic Conditions of Employment Act;

 

"organised business"

means organised business as defined in the National Economic Development and Labour Council Act, 1994 (Act No. 35 of 1994);

 

"organised community"

means those non-governmental organisations contemplated in the National Economic Development and Labour Council Act, 1994 (Act No. 35 of 1994);

 

"organised labour"

means organised labour as defined in the National Economic Development and Labour Council Act;

 

"prescribed"

means prescribed by regulation under this Act;

 

"this Act"

includes the regulations made under this Act;

 

"wage"

means the amount of money paid or payable to a worker in respect of ordinary hours of work or, if they are shorter, the hours a worker ordinarily works in a day or a week; and

 

"worker"

means any person who works for another and who receives, or is entitled to receive, any payment for that work whether in money or in kind.