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Industry urged to comply with National Minimum Wage

The National Bargaining Council for the Hairdressing Cosmetology Beauty & Skincare Industry (HCSBC) is urging all salons and spas in South Africa to adhere to the National Minimum Wage, which stipulates that no employee may earn less than R20 for each ordinary hour worked.

This wage excludes any other category of payment, such as transport and food allowances, tools, accommodation, gratuities, etc.

Says HCSBC CEO Stephen Delport: “The National Minimum Wage Act No. 9 of 2018 became effective on 1 January this year but it’s become apparent that many beauty businesses are still ignoring it. They need to know that failure to comply will have serious legal and financial repercussions. Any employer found to be non-compliant could be referred to the CCMA by the employee affected.

“I am in constant contact with the Department of Labour and know for a fact that they are currently placing a big focus on the beauty industry to check compliance on this matter. They were out in the industry from 22 to 27 July, conducting inspections.”

Employers who are unable to pay the R20 an hour wage can apply to the Department of Labour for an exemption.

Delport emphasises the need for the beauty industry to understand that the Bargaining Council is a statutory regulatory body that was set up according to the Labour Relations Act

“There seems to be this misconception in the industry that the Bargaining Council is a big bad wolf, out to close salons. This is completely untrue; the fact is that any beauty, skincare or nail salon, or spa, is required by law to register their business with the Barganing Council after they have been operating for 30 days. As such, the Bargaining Council is fully entitled to send its agents out into the industry to check for compliance in terms of the Collective Agreement. Ignorance of the law is no excuse. Our agents also plays a mediation role to assist compliance.”

He notes that it is ‘The Parties’ of the Bargaining Council, which comprise the employers’ organisation (EOHCB) and the employees’ organisation (UASA – The Union), that negotiate the Collective Agreement on behalf of their members.

“While it’s not mandatory for employers to join the EOHCB, or for employees to join UASA, there are significant membership benefits in each organisation. Plus, as members, they have a say in the Collective Agreement negotiations, which take place either annually or alternatively, every three years.

“The EOHCB and UASA assist their members with all matters pertaining to the employer/employee relationship and negotiate on behalf of their members. Those who do not join either the EOHCB or UASA will be subject to an agency fee,” states Delport.

For more information about the National Minimum Wage go to www.hcsbc.co.za (Report by Joanna Sterkowicz)

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