With effect from 1 March 2025, the national minimum wage will be adjusted to R28.79 for each ordinary hour worked. This marks an increase of 4.39% from R27.58 in 2024.  This adjusted national minimum wage applies equally to farm workers and domestic workers, who until 2022 had a differentiated national minimum wage.

For workers employed on an expanded public works programme, the minimum wage to which they are entitled increases to R15.83 per hour (from R15.16 in 2024). Workers who have concluded learnership agreements in terms of section 17 of the Skills Development Act 97 of 1998 will be entitled to the minimum weekly allowances listed in Schedule 2 of the National Minimum Wage Act 9 of 2018.

Adjustments have also been made to the minimum wages for workers in the contract cleaning sector, as well as the wholesale and retail sector, which are reflected in the sectoral determinations for those specific sectors.

These adjustments follow a mandatory annual review process by the National Minimum Wage Commission who make recommendations to the Minister of Employment and Labour on what adjustments should be made each year.

The effect of a statutory national minimum wage is that employers may not pay workers wages that fall below the abovementioned adjusted wage thresholds. Importantly, the payment of a national minimum wage cannot be waived as it takes precedence over any contrary provision in any contract, collective agreement, sectoral determination or law.

However, the National Minimum Wage Act does make provision for exemptions in certain circumstances. To apply for such exemptions, employers may submit the necessary application to the Department of Employment and Labour.

If an employer fails to pay the prescribed national minimum wage, the affected worker or employee may institute a claim for failure to pay any amount owing in terms of the National Minimum Wage Act. Additionally, a fine may be imposed on an employer who pays a worker or employee less than the prescribed national minimum wage.

It is therefore important that employers and workers ensure that they are aware of any adjustments to the national minimum wage, and that they comply with any prescribed amounts.

Written by Bankey Sono, Director; Dakalo Singo, Head of Pro Bono; & Neo Sewela, Senior Associate; Werksmans