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A legal analysis of the national minimum wage for domestic workers in South Africa
Thesis   Open access

A legal analysis of the national minimum wage for domestic workers in South Africa

Thembekile Sindiswa Shongwe
LLM, University of Johannesburg
Handle:
https://hdl.handle.net/10210/520144

Abstract

Domestic workers are some of the historically excluded and vulnerable workers. These workers do not have adequate labour protections. This study examines the effectiveness of South Africa’s National Minimum Wage (NMW) policy in protecting domestic workers. Since its introduction in 2019, the NMW aims to address poverty, inequality, and exploitation within the labour market. However, various challenges regarding compliance and enforcement persist. This study highlights the gaps in the enforcement, lack of awareness among workers, and economic and societal challenges. The findings suggest that while the NMW signifies a significant step toward economic redress and human dignity, its full potential has not been realised due to lack of enforcement measures. The research analyses the historical development of wage policies in South Africa. It also analyses the legal framework underpinning the NMW and evaluates its impact on domestic workers. The study will also discuss best practices from Ghana. The study concludes with recommendations for strengthening enforcement mechanisms, legal reforms, and awareness campaigns to ensure the NMW effectively safeguards domestic workers’ rights and promotes social justice. The study employs a doctrinal research methodology.
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