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

Regulations

Regulations to the National Minimum Wage, 2018

5. Withdrawal of exemption notice

 

(1) The delegated authority may withdraw an exemption notice if satisfied that—
(a) the employer has provided false or incorrect information that has led to the granting in its application for an exemption under regulation 2; or
(b) the employer is not complying with the exemption notice; or
(c) the employer’s financial position has improved to the extent that the employer is able to pay the national minimum wage; or
(d) there are other justifiable grounds for withdrawing the exemption notice.

 

(2) Any affected person may apply to the delegated authority for the withdrawal of an exemption notice by lodging an application on the National Minimum Wage Exemption System in the form required by the System.

 

(3) Before making a decision to withdraw an exemption notice in terms of subregulation (2) the delegated authority must be satisfied, in addition to the grounds contemplated in subregulation (1), that—
(a) the employer has been consulted;
(b) the representative trade union or affected workers contemplated in regulation 2(3) have been given access to the application lodged in terms of subregulation (2).

 

(4) If an exemption notice is withdrawn—
(a) the delegated authority must issue a notice of withdrawal on the National Minimum Wage Exemption System;
(b) on receipt of the notice the employer must—
(i) give a copy of the notice to the representative trade union and affected workers referred to in subregulation (3)(b);
(ii) give a copy to the applicable Bargaining Council; and
(iii) as soon as is practically possible, remove any exemption notice displayed in terms regulation 4.

 

(5) Any refusal of an application to withdraw an exemption notice must be by way of a notice issued on the National Minimum Wage Exemption System with the reasons for the refusal.