DoL mixed messages Does NMW Act apply to Learnerships?

By sylviahammond, 17 May, 2019

Are the labour law members on skills-universe able to respond to clarify on behalf of the Minister?

Open Letter to Honourable Minister of Labour Oliphant.

Dear Minister,
We need your assistance to confirm whether we need to comply with Learnership allowances in Schedule 2 of National Minimum Wage Act 9 of 2018 (NMW) - or Sectoral Determination 5 Learnerships.

I have been asked for clarification, which I cannot give because I cannot get confirmation in writing - from DoL or CCMA.

For weeks I have been trying to get a response to this question: has Schedule 2 been implemented with the NMW Act on 1 January 2019? I am aware that other members have also tried - unsuccessfully to get a response from DoL.

Why do I ask - and why am I confused? Because I follow DoL on Twitter - and DoL keep Tweeting - that Learnerships will have separate arrangements for now - please see attached for confirmation - it has happened a number of times.

Secondly, if Schedule 2 has been implemented, what is the status of the Sectoral Determination 5 Learnerships? It also contains levels of allowances.
Does that Sectoral Determination still apply?
Have the NMW Act allowances simply replaced the allowances in that determination?

With respect, it should not be this difficult to establish how to comply with DoL legislation.

Thank you.
sylvia hammond


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