Employee Rights
- To be paid, if aged 16 years or over, at least the minimum rate per hour or per week established by regulations made under the Act (with certain exceptions).
- 18 and 19 year old employees who have been on a benefit for six months or more; and 16 to 19 year old employees training in a recognised industry training course involving at least 40 credits a year, must be paid no less than 80% of the adult minimum rate.
- To work not more than 40 ordinary hours per week on any 5 days of the week, unless otherwise agreed by the parties to an employment contract.
- To seek employment at a lower rate under an under-rate worker’s permit where the employee has satisfied a Labour Inspector that he or she is incapable of earning wages at the minimum rate prescribed. Such permits specify how long they are to remain in force.
- To take, in the case of an employee paid in terms of the Act, an action for recovery in the Employment Authority, if the employer fails to pay the wages prescribed. The action may be commenced either by the employee or by a Labour Inspector and may be taken even though a lower rate has been accepted.
- Minimum wage rates need not be paid to anyone who lives in a charitable institution and sometimes works in that institution.
Employer Obligations
- To keep wages and time records for anyone employed on the minimum wage showing: the employee’s name, age if under 20 years, postal address, kind of work on which usually employed, classification or designation under which the employee is paid, hours/days employed, wages paid each week, how these are calculated and any other particulars prescribed.
- To make the wages and time record for the preceding six years available for inspection by a Labour Inspector at any reasonable time on request. However, if a wages and time record is kept under some other Act (particularly the Employment Relations Act) a second record need not be kept under the Minimum Wage Act.
To access the complete Act click here