Government Gazette Staatskoerant

Government Gazette Staatskoerant REPUBLIC OF SOUTH AFRICA REPUBLIEK VAN SUID AFRIKA Regulati Gazette No. 10831 10177 Regulasiekoerant Vol. 635 30 May Mei 2018 No. 41663 N.B. Government Prtg Works will not held respsible for quality Hard Copies or Electric Files submitted for publicati purposes ISSN 16825843 9 771682 584003 AIDS HELPLINE: 0800012322 Preventi cure 41663

2 No. 41663 GOVERNMENT GAZETTE, 30 MAY 2018 Th gazette also available free le at www.gpwle.co.za

STAATSKOERANT, 30 MEI 2018 No. 41663 3 IMPORTANT NOTICE: GovernmenT PrTG Works Will not held respsible for any errors ThaT might occur due To submsi complete / correct / illegible copy. no future queries Will hled cnecti WiTh above. Ctents No. Gazette No. Page No. Government Notices Goewermentskenngewgs Labour, Department / Arid, Departement van R. 542 Basic Cditis Employment Act (75/1997): Publicati Regulatis Natial Mimum Wage Bill, 2017... 41663 4 Th gazette also available free le at www.gpwle.co.za

Labour, Department / Arid, Departement van R. 542 Basic Cditis Employment Act (75/1997): Publicati Regulatis Natial Mimum Wage Bill, 2017 41663 4 No. 41663 GOVERNMENT GAZETTE, 30 MAY 2018 LABOUR OF DEPARTMENT Government Notices Goewermentskenngewgs R NO. DEPARTMENT OF LABOUR DATE: NO. R. 542 30 MAY 2018 /ß trdo.p/ DATE: LABOUR OF MINISTER MP OLIPHANT, N M 2018. 514 ail than later not Labour Department reach should Comments r o mailed e or 4156 309 (012) faxed or 001, 0 Preria, X117, Bag Private Labour, Department Mkalipi, mbkosi Mr. : d addresse should comments Such Regulatis. draft comments written bmit su vited are parties Interested All representatis: Submsi comment. formati general for 1997, (n.75 Act Employment Cditis Basic 86(1) secti terms Regulatis proposed publh hereby I Bill. said 15(1) secti terms made must s which manner form a for provide seek 2017 Bill, Wage Mimum Natial 16 secti terms Regulatis 2017 Bill, Wage Mimum Natial Regulatis troducg tend Labour, Mter OLIPHANT, NELISIWE MILDRED I, 2017 BILL, WAGE MINIMUM NATIONAL THE TO REGULATIONS THE OF PUBLICATION Th gazette also available free le at www.gpwle.co.za

STAATSKOERANT, 30 MEI 2018 No. 41663 5 1997); 75 No. (Act 1997 Act, Employment Cditis Basic 85 secti with read Act 15(3) secti terms s grant power given has Mter whom service public employee an or Labour General: Direcr means authority" "delegated Act; that 35 secti referred councils bargag cludes service, public relati, 1995, Act, Relatis Labour terms regtered council bargag a means council" "bargag 2018); XX No. (Act 2018 Act, Wage Mimum Natial means "Act" orwe dicates ctext unless, meang that has Act defed that expressi any Regulatis se In Defitis 1. Exempti Wage um Mim Natial cluded System Details 2: Schedule process Deci 1: Schedule System Exempti Wage Mimum Natial 6. notice Withdrawal 5. notice copies Dplay 4. notice effect Legal 3. Wage Mimum Natial payg from for Applicati 2. 1.Defitis REGULATIONS OF ARRANGEMENT SCHEDULE regulatis made 2018,..... from effect Schedule. out set with 2018, XX Act, Wage Mimum Natial 15 secti under has, Labour Mter 2018 REGULATIONS, WAGE MINIMUM NATIONAL DATE R. NO. LABOUR OF DEPARTMENT NOTICE GOVERNMENT Th gazette also available free le at www.gpwle.co.za

6 No. 41663 GOVERNMENT GAZETTE, 30 MAY 2018 that for System Exempti (2) regulati sub terms Wage Mimum lodged Natial applicati copy purpose. from downloaded a with workers affected uni, such no re if or, uni council, bargag provide must employer (3), regulati sub ctemplated workers affected or uni trade representative with csultg In (5) 1. Schedule process deci with accordance must wage mimum pay afford can employer an wher determati (4) csulted. meangfully en have workers affected uni, trade such no re if or, csulted meangfully en has workers affected more or e representg uni trade representative every wage; mimum pay afford cannot employer that satfied authority delegated if granted ly may An (3) System. that by required form System (Exempti Wage Mimum Natial lodged must applicati (2) regulati. th with read Act 15 secti terms wage mimum natial payg from an for authority delegated apply memrs its asst may organizati employers' regtered a or employer An (1) wage mimum natial payg from for 2.Applicati 1995); 66 (Act 1995 Act, Relatis Labour employers' an 96 secti terms means organati" regtered employers' organizati "regtered 6; regulati ctemplated process le means System" Exempti Wage Mimum "Natial 2(6); regulati ctemplated notice means notice" " Th gazette also available free le at www.gpwle.co.za

STAATSKOERANT, 30 MEI 2018 No. 41663 7 by terms required sued notice changes necessary an ctaed wage 2(7). regulati a ctext, with apply, Act 5 4 Sectis notice effect Legal 3. Agreement. Council Bargag applicable any Fund Compensati Fund, Insurance Unemployment limited not but cludg payments, statury applicable with compliance cfirmed applicant if csidered ly would An (10) refusal. for reass with ger System Exempti Wage Mimum Natial publhed notice by must an refusal Any (9) System. Exempti Wage Mimum Natial publhed notice by must regulati th terms granted Any (8) workers. domestic respect wage mimum natial %) (90 percent Nety (c) workers; farm respect wage mimum natial %) (90 percent Nety (c); paragraphs referred those than or workers respect wage mimum natial %) (90 percent Nety are: granted may no which low thresholds wage (7) Act. purposes advances that cditi any (c) (7); regulati sub referred thresholds than less not may which workers, pay required employer that wage specifyg mths; 12 than more not may which granted, it which for period specifyg for applicati date from ly wage mimum natial payg from an grant may authority delegated (6) Th gazette also available free le at www.gpwle.co.za

8 No. 41663 GOVERNMENT GAZETTE, 30 MAY 2018 that (1), regulati sub ctemplated grounds additi satfied, must authority delegated (2) regulati sub terms notice an withdraw deci a makg Before (3) System. by required form System Exempti Wage Mimum Natial applicati an lodgg by notice an withdrawal for authority delegated apply may pers affected Any (2) notice. withdrawg for grounds justifiable or are re (d) or wage; mimum natial pay able employer that extent improved has positi fancial employer's (c) or notice; with complyg not employer or 2; regulati under an for applicati its grantg led has that formati correct or false provided has employer that satfied if notice an withdraw may authority delegated (1) notice 5.Withdrawal Council. Bargag (iii) copy; a requests who worker every (ii) those more or e representg workers; uni trade representative (i) notice copy a give applies; whom employees by read can it where workplace at cspicuously notice copy a dplay must granted en has an whom respect employer An notice copies 4.Dplay Th gazette also available free le at www.gpwle.co.za

STAATSKOERANT, 30 MEI 2018 No. 41663 9 that time real System Exempti Wage Mimum Natial base data a update mata establh, must authority delegated (3) at le found are which addresses 1998), 97 No. (Act 1998 Act, Development Skills 23(1) secti under establhed centre labour or Labour Department fice any at at le accessible publicly System Exempti Wage Mimum Natial (2) Labour. Department by managed System Exempti Wage Mimum Natial le an establhed hereby re (1) System Exempti Wage Mimum 6.Natial System Exempti Wage Mimum refusal. for reass with Natial sued notice a way by must notice an withdraw applicati an refusal Any (5) 4. regulati terms dplayed notice any remove possible, practically as so as (iii) Council; Bargag copy a give (ii) (3); regulati sub referred workers affected uni trade representative notice copy a give (i) must employer notice receipt System; Exempti Wage Mimum Natial withdrawal notice a sue must authority delegated withdrawn notice an If (4) (1). regulati sub terms lodged applicati access given en have 2(3) regulati ctemplated workers affected or uni trade representative csulted; en has employer Th gazette also available free le at www.gpwle.co.za

10 No. 41663 GOVERNMENT GAZETTE, 30 MAY 2018 organati. employers' or employer applicant an by completed are that Regulatis se 2 Schedule lted details clude must 2(1) regulati ctemplated form applicati (6) affected. secrs (d) s; withdrawal for reass generic withdrawn s numr (c) s; subject employees employers numr refused; or granted made, applicatis numr formati: followg cludg website Labour's Department report annual an publh must authority delegated (5) System. Exempti Management Natial le accessible publicly (v) (3)(iv) regulati sub referred data that ensure must authority delegated (4) 1. Schedule process deci effect gives (c) Regulatis; se terms lodged appeal or applicati any respect submsis make pers affected any permits for reass withdrawal notices withdrawn all (v) notices; all (iv) notice; an withdraw applicatis all (iii) an for applicati an respect ; made submsis all lodged; (ii) documentati supportg an for applicatis all (i) cludes Th gazette also available free le at www.gpwle.co.za

STAATSKOERANT, 30 MEI 2018 No. 41663 11 11.012.611111111 *OKI fillegg»da Neiw MUS1101Diall COMMERCIAL FINANCIAL DECISION PROCESS SCHEDULE I If negative (i.e. tradg loss) Determe EBDA Net prit /loss + De ptec + Dividends +Annotatl If positive ti.e. tradg W Grant Exempti W Exempt as per Secrat % 1 ROA less than 8% Calculate cr / decr Assets % _ (Total Assets Y2 less Total Assets Y1) / Total Assets Y1 If negative If positive 1 Grant Exam Is) y as per Secral% Less than 50% More than V Grant Exempti Ibt V_ Exemptas per Secral % v Less than 50% Calculate ROA = EBDA /((To! assets Yr1 + Total assets Yr2) /2J 50% V Determe debt asset ratio = TL / TA More than 50% ROA more than 8% If negative Grant Exempti (e) Wage Increase Rate = 92% EBDA divide by Nr affected employees V Reject Exempti let Grant Exempti (dl Exemptas per recral % If negative y Grant Exempti (1) V Compare 92% EBDA with Increase wages = 92% EBDA less Increase Wage bill If positive Compare Current Assets (CA) with Bank Overdraft = CA less Bank Overdraft If negative If positive Subtract difference from 92% EBDA Reject Exempti (.1 W Compare answer with Increase wages = Adjusted EBDA less Increase Wage bill If positive Wage Increase Rate = Adjusted EBDA divide bynr affected employees Re Exempti Ihl Th gazette also available free le at www.gpwle.co.za

12 No. 41663 GOVERNMENT GAZETTE, 30 MAY 2018 Cditis]. Livg SA: [Stats cap set than more user by captured amount if triggered audit an applicants, household dividual For liabilities tal Dcrepancies assets current n Dcrepancies revenue reported Dcrepancies expenditure tal reported Dcrepancies assets dposal loss fs write entertament, datis, Dcrepancies losses net proporti Out depreciati Dcrepancies data: years fancial tween dcrepancies perform immediately will system tests determe any presence percentages determed based triggers audit followg (Commercials) system. captured above formati fancial required Triggers Audit account. Pritability, crease prescrid pay elements takg wages, Solvency, Liquidity mimum afford able appears applicant a) if: refused will Exempti account. taken are Solvency, Liquidity Pritability, elements [commercial] affordability test To wages b) mimum crease prescrid pay afford cannot applicant a) if: granted will Exempti Assets Current Liabilities. Current CL Assets Return Assets Total Liabilities Total CA ROA TA TL Allowance Depreciati fore Earngs EBDA Acryms: Th gazette also available free le at www.gpwle.co.za

STAATSKOERANT, 30 MEI 2018 No. 41663 13 performed. are tests furr no an are for qualifies cannot wages Liquidity applicant tests creases required If EBDA. 92% creases required n %, 8 than more n EBDA, 92% with accommodated creases furr required if However, n accommodated, compared cducted. can wages are wages ROA calculated If low) "Solvency" (See busess structure asset fancial sight furr ga order cducted are tests Solvency n %, 8 than less ROA calculated If (ROA). Assets. Average / EBDA = ROA Assets Returns employers' determe used EBDA calculated (EBDA). Allowance Depreciati fore Earngs as referred will process th result prit. reported back added are dividends expenditure Depreciati [commercial]. analys fancial entire csiderati primary Pritability Pritability above. mentied keys audit any trigger not does formati fancial applicant's if cducted ly analys Fancial NB: employer. by afforded can difference above wher determg at aimed n are analys, fancial follow steps DOL. by required rate payg currently employer that rate tween difference Th wage. mimum leglated with comply costs wage employer's required creases determg by gs Analys positis. Solvency, 3) Liquidity 2) Pritability, 1) elements assessment based are busesses for tests Affordability Affordability Th gazette also available free le at www.gpwle.co.za

14 No. 41663 GOVERNMENT GAZETTE, 30 MAY 2018 granted. will for applicati applicant, assets average decrease a was re If will applicant. an assets 50% than %, 50 than less ratio asset debt if granted more will applicant (i.e. 50% than more credirs), by ratio asset owned refused. However, are debt If debt. through fanced was crease that much how ascerta used ratio Th determed. ratio asset debt a n %, 50 than more applicant, assets average crease an was re If percentage. what assets, applicant's decreases or creases were re if determes first analys %. 8 than less ROA that dicates above analys pritability if ly cducted analys Solvency Solvency refused. will applicati overdraft bank cover can assets liquid If refused. will applicati EBDA, adjusted from covered can creases if However, granted. will for applicati employer's EBDA, adjusted from covered cannot wages creases required se If EBDA. adjusted th with compared n are wages creases Required EBDA. adjusted get EBDA 92% from deducted shortfall required overdraft, bank cover cannot assets liquid se If overdraft. bank agast compared are assets current or venry debrs, as such assets liquid tal EBDA. 92% with accommodated can wages creases required that dicates above analys pritability if ly cducted analys Liquidity Liquidity Th gazette also available free le at www.gpwle.co.za

STAATSKOERANT, 30 MEI 2018 No. 41663 15 HOUSEHOLDS FINANCIAL DECISION PROCESS MEW ailho Determe household surplus = Total household come less thilidat allowable tal i negative Compare surplus with required Increase wages = Surplus less Increase Wage bill W Grant Exempti lu) System notes a) will granted creases wages, b) will refused creases wages. if from come if from come else Reject Imam: Exempti expenditure expenditure If th negative (i.e. a deficit) n granted analys employer cannot afford required analys, employer can afford required Th gazette also available free le at www.gpwle.co.za

16 No. 41663 GOVERNMENT GAZETTE, 30 MAY 2018 NON PROFIT ORGANISATIONS FINANCIAL DECISION PROCESS Determe Surplus/Deficit (N restricted) Total Income less restricted funds If positive If negative Compare Surplus with Increase wages = N restricted surplus less Increase Wage bill If positive Grant Exempti Compare Current Assets (CA) with Bank Overdraft = CA less Bank Overdraft Exempt as per Secrai % If positive Reject Exempti (d) If negative y Grant. Exempti (c) Compare answer with Increase wages = Adjusted Surplus less Increase Wage bill If positive Reject Exempti (e) Th gazette also available free le at www.gpwle.co.za

STAATSKOERANT, 30 MEI 2018 No. 41663 17 numr regtrati Company (e) numr SARS (d) numr. Regtrati Fund Compensati (c) numr. Regtrati Fund Insurance Unemployment names. br trade cludg employer name Full particulars Employer 2.. affiliated it that Council Bargag (c) applicati; makg 13 organati whom half employers lt numr; regtrati address name, full its organati employers' regtered a by made applicati an If employer half organati employers' regtered by Applicati 1. FORM EXEMPTION FOR APPLICATION IN INCLUDED BE TO DETAILS 2 SCHEDULE refused Thus afford. can applicant that dicate calculatis based liquidity Surplus d) granted Thus afford. cannot applicant that dicate calculatis based liquidity Surplus granted Thus analys. expenditure versus c) come from surplus sufficient due afford cannot applicant granted Thus analys. expenditure b) versus come from deficit a due afford cannot applicant a) NOTES SYSTEM ORGANISATIONS: PROFIT NON Th gazette also available free le at www.gpwle.co.za

18 No. 41663 GOVERNMENT GAZETTE, 30 MAY 2018 wage. mimum natial pay afford can employer tax, expenses, not or wher determe expenses) or operatg assets, dposal prit/loss dividends, datis, cost, fance fs, write entertament, depreciati, cludg, system by prompted as needed may that formati or such years) previous 2 predictis year (current years 3 for busess statements fancial full organati, or busess a respect In (1) formati Fancial 4.. item sub ctemplated workers work hours Details (d). item sub ctemplated workers respect wages current Details (c) seasal. term, fixed permanent, e.g. status employment ir applicati whom workers numr seasal. term, fixed permanent, e.g. status employment ir workplace employer's workers numr details Employment 3. workers. affected employer bdg agreement collective any re Wher (m) employer. bdg determati secral any re Wher (I) jurdicti. with council bargag a re Wher (k) secr. busess Nature (j) addresses. email numrs fax numrs, phe mobile numrs, telephe cludg details Ctact (i) pers. Ctact (h) address. Postal (g) address. Physical (f) Th gazette also available free le at www.gpwle.co.za

STAATSKOERANT, 30 MEI 2018 No. 41663 19 wage. mimum natial pay afford can organati not or wher determe expenses) or expenses, operatg datis, costs, fance, fs write entertament, depreciati, funds, earmarked capital specificati /spsorships, datis private grants government African South tween dtcti come separate a cludg system by prompted as needed may that formati or such years) previous two predictis year (current years three for entity statements fancial full organati, prit n a respect In (3) wage. mimum natial pay afford can employer not or wher determe expenses.) or etc.) fares, (fuel, cost travel premiums, surance dati, cash repayments, loan entertament, verages, food educati, i.e. expenditure less come household (tal system by prompted as needed may that formati or any expenditure come household annual details household, a respect In (2) Th gazette also available free le at www.gpwle.co.za

20 No. 41663 GOVERNMENT GAZETTE, 30 MAY 2018 Prted by obtaable from Government Prter, Bosman Street, Private Bag X85, Preria, 0001 Ctact Centre Tel: 012748 6200. email: fo.egazette@gpw.gov.za Publicatis: Tel: (012) 748 6053, 748 6061, 748 6065 Th gazette also available free le at www.gpwle.co.za