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

Chapter 1 : Interpretation, Purpose and Application

1. Definitions

 

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.