The definition of “worker” in the national minimum wage bill

By: Jacques van Wyk, Director and Andre Van Heerden, Senior Associate and Yusha Davidson, Candidate Attorney

The Department of Labour has confirmed the definition of “worker” in the final draft National Minimum Wage (NMW) Bill, as agreed by the National Economic and Labour Council.

The term “worker” is defined as 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.

This definition of “worker” covers all forms of employment, thus avoiding disputes over whether or not the worker is an employee, and prevents the contractual bypassing of the national minimum wage through disguised employment.

Should you require any further information regarding the National Minimum Wage Bill, please do not hesitate to contact us.