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

Sectoral Determinations

Sectoral Determination 9 : Wholesale and Retail Sector, South Africa

Part B : Wages

2. Wages

 

(1) With effect from 1 March 2016, an employer must pay an employee at least the minimum wage prescribed in this part of the sectoral determination.

 

(2) An employer must pay an employee who works for the employer for more than 27 hours per week —
(a) at least the weekly or monthly wage set out in Tables 1 to 2; or
(b) by agreement between the employer and the employee, at least the hourly rate set out in Tables 1 to 2 for every hour or part of an hour that the employee works.

 

(3) An employer must pay an employee who works 27 hours or less per week—
(a) if an agreement has been concluded in terms of clause 10, at least the hourly rate as set out in Tables 1 to 2 for every hour or part of an hour that the employee works, plus 25%; or
(b) if no agreement has been concluded in terms of clause 10, at least the hourly rate as set out in Tables 1 to 2 for every hour or part of an hour that the employee works.

 

(4) An employer must pay an employee employed in a job category not listed in Tables 1 to 2 at least the minimum wage prescribed for a job category requiring an equivalent level of training, skill or experience.

 

(5) Tables 1 to 2 apply to employers in the wholesale and retail sector in Area A and, B respectively.

 

(6) An employee who works for less than four hours on any day must be paid for at least four hours work on that day.

 

(7) Unless otherwise agreed in writing, nothing in this determination precludes an employer from requiring an employee to perform work of another category of employee for which the same or a lower wage is prescribed.