The Department of Labour inspectors have this week began to crack
the whip on defaulters of hospitality sector minimum wage and
conditions of employment
With just three days into the national inspections campaign which
got off to a rigorous start in all parts of the Province, labour
inspectors have already visited 185 workplaces targeting hotels,
motels, inns, resorts, game lodges, guest farms, bed and breakfast
establishments, timeshares, camps, caravan parks, restaurants, pubs,
taverns, cafes, coffee shops, fast food outlets, snack bars and
commercial, function or contract caterers.
During the current inspections, an alarming 56 employers were served
with written undertakings for not complying with the basic conditions
of employment as prescribed in the Hospitality Sectoral Determination.
The violations include non-adherence to the minimum wage prescribed for
the sector, no proof of registration with the Compensation and
Unemployment Insurance Funds, no written particulars of employment in
place and no payslips and attendance registers in place.In some
instances, employers were found to be promoting the collection of tips
and commission as a form of wages for workers.
The sectoral determination, which came into effect on July 1, 2007
stipulates that workers paid on a commission (not tips) basis should at
least earn the minimum wage. Gratuities (tips) should not form part of
the minimum wage.
The legislation further stipulates that the minimum wage for
establishments that employ 10 or less employees is set at R1480 per
month or R7, 59 an hour and for those in establishments employing more
than 10 employees, is R1650 per month or R8, 46 an hour. Sunday work in
the sector should be paid either at 1.5 or double the ordinary rate
depending on whether the employee ordinarily works on a Sunday or not
as outlined in the Basic Conditions of Employment Act.
In some cases, 23 employers were served with contravention notices
for flouting general safety regulations as prescribed by the
Occupational Health and Safety Act.It was also found that managers at
certain workplaces were unable to provide documents for scrutiny by the
inspectors which resulted in subpoenaes being issued to the owners of
the businesses.
Employers are warned to get their house in order as inspectors gear
up to visit all workplaces in the sector until Friday, this week.
