National Minimum Wage Act, 2018 (Act No. 9 of 2018)RegulationsRegulations to the National Minimum Wage, 20186. National Minimum Wage Exemption System |
| (1) | There is hereby established an online National Minimum Wage Exemption System managed by the Department of Labour. |
| (2) | The National Minimum Wage Exemption System is publicly accessible— |
| (a) | online at https://nmw.labour.gov.za |
| (b) | at any office of the Department of Labour or labour centre established under section 23(1)(a) of the Skills Development Act, 1998 (Act No. 97 of 1998), the addresses of which are to be found online at www.labour.gov.za |
| (3) | The delegated authority must establish, maintain and update a data base on the National Minimum Wage Exemption System in real time that— |
| (a) | includes- |
| (i) | all applications for an exemption and supporting documentation lodged; |
| (ii) | all submissions made in respect of an application for an exemption; |
| (iii) | all applications to withdraw an exemption notice; |
| (iv) | all exemption notices; and |
| (v) | all withdrawn exemption notices and the reasons for the withdrawal |
| (b) | permits any affected person to make submissions in respect of any application in terms of these Regulations; and |
| (c) | gives effect to the decision process in Schedule 1. |
| (4) | The delegated authority must ensure that the data referred to in subregulation (3)(a)(iv) and (v) is publicly accessible online on the National Minimum Wage Exemption System. |
| (5) | The delegated authority must publish an annual report on the Department of Labour’s website including the following information: |
| (a) | the number of applications made, granted or refused; |
| (b) | the number of employers and workers subject to exemptions; and |
| (c) | the number of exemptions withdrawn and the generic reasons for the withdrawal of the exemptions; and |
| (d) | the sectors affected. |
| (6) | The application form contemplated in regulation 2(1) must include the details listed in Schedule 2 to these Regulations that are to be completed by an applicant employer or employers’ organisation. |