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

Regulations

Regulations to the National Minimum Wage, 2018

Schedules

Schedule 2 : Details to be included in Application for Exemption Form

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Details to be included in Application for Exemption Form

 

1. Application by registered employers’ organisation on behalf of the employer

 

If an application is made by a registered employers’ organisation—

(a) its full name, address and registration number;
(b) the list of employers on behalf of whom the organisation is making the application; and
(c)the Bargaining Council that it is affiliated to.

 

2. Employer particulars

 

(a) Full name of employer including trade and brand names.
(b) Unemployment Insurance Fund Registration number.
(c) Compensation Fund Registration number.
(d) SARS number.
(e) Company registration number.
(f) Physical address.
(g) Postal address.
(h) Contact person.
(i) Contact details including telephone numbers, mobile phone numbers, fax numbers and email addresses.
(j) Nature of business and sector.
(k) Whether there is a bargaining council with jurisdiction.
(l) Whether there is any sectoral determination binding on the employer.
(m) Whether there is any collective agreement binding on the employer and the affected workers.

 

3. Employment details

 

(a) The number of workers in the employer’s workplace and their employment status e.g. permanent, fixed term, seasonal.
(b) The number of workers to whom the application is to apply and their employment status e.g. permanent, fixed term, seasonal.
(c) Details of current wages in respect of the workers contemplated in subitem (b).
(d) Details of the hours of work of the workers contemplated in subitem (b).
(e) Details of the number of months of work of the workers contemplated in subitem (b)

 

4.Financial information

 

(a) In respect of a business or organisation, full financial statements of the business for the 3 years (current year predictions and 2 previous years) and such other information that may be needed as prompted by the system including, depreciation, entertainment, write offs, finance cost, donations, profit/loss on disposal assets, operating expenses, tax, dividends, other expenses) to determine whether or not the employer can afford to pay the national minimum wage.
(b) In respect of a household, details of the annual household income and expenditure and any other information that may be needed as prompted by the system (total household income less expenditure i.e. education, food and beverages, entertainment, loan repayments, cash donation, insurance premiums, travel cost (fuel, fares, etc.) other expenses.) to determine whether or not the employer can afford to pay the national minimum wage.