No minimum wage increases in Private Security sector for now as it is now subjected to NMW
With the Private Security sector minimum wages about to lapse at the end of the month, there would be no new increases in the sector for now, said Department of Employment and Labour Employment Standards (ES) Directorate Assistant Director, Mogodi Masenya.
Masenya told a Department of Employment and Labour Seminar that workers in the sector would have to wait until the end of the year when the National Minimum Wage is reviewed. He said the sector’s minimum wage and conditions of employment are now fully subjected to the prescriptions of the National Minimum Wage and the amended Basic Conditions of Employment Act (BCEA).
The Private Security identified as a vulnerable sector has been subjected to Sectoral Determination (SD) which spells out minimum wages, number of leave days, working hours and termination rules among other conditions of employment.
Masenya was speaking during a presentation to the Private Security Seminar organised by the Department of Employment and Labour’s Inspections and Enforcement Services (IES) at Ehlanzeni Municipal Offices in Mbombela (Nelspruit) today. The theme of the seminar was: “Paying the National Minimum Wage (NMW) is the right thing to do”.
The seminar was attended by various stakeholders in the industry from labour, business and industry regulatory body, the Private Security Industry Regulatory Authority (PSiRA).
The National Minimum Wage came into effect from 01 January 2019 at a prescribed rate of R20 per hour. The NMW Act makes provision for granting of exemptions and the annual review of the minimum wage.
When the NMW was introduced, Sectoral Determinations which governed minimum wages in a number of vulnerable sectors remained in force. Some of the sectors were given a transition period before they were fully subjected to the NMW Act. These include the Domestic workers, Farm/Forestry, workers on the Expanded Public Works Programme, and learnerships.
The seminar is part of the Department’s Inspection and Enforcement Services Branch. It is also part of an advocacy campaign to educate stakeholders about compliance with the labour legislation and also aim to encourage the knowledge sharing between stakeholders in the sector with Government.
The National Minimum Wage (NMW) always takes precedent as a baseline in sectors previously governed by Sectoral Determination, said Department of Employment and Labour Advocacy and Statutory Services Director, Pravin Naidoo in Mpumalanga province.
Naidoo said it was an illegal act by an employer to alter the basic conditions of employment when he or she is expected to implement the National Minimum Wage.
"It is an illegal and unfair labour practice in terms of Labour Relations Act to alter conditions of an employee. When one does that it constitutes non-compliance," said Naidoo.
Naidoo emphasised that the NMW is paid as liquid cash and does not include the various allowances, payments in kind and other alternative forms of payments.
NMW provides that every employer may not pay wages that are below the minimum wage; that the NMW cannot be varied by contract, collective agreement or law; the NMW constitutes a term of the worker’s contract except to the extent that the contract provides for a more favourable wage and that it is unfair labour practice for an employer to unilaterally alter hours of work or other conditions of employment in implementing the NMW.
Naidoo said in terms of case referrals – there were two systems, which are complaint laying via the Department of Employment and Labour and directly with the Commission for Conciliation Mediation and Arbitration.
Enquiries:
Makhosonke Buthelezi - Acting Departmental Spokesperson
Cell: 071 491 7236
Email: Makhosonke.buthelezi@labour.gov.za
