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WCLawyer
WCLawyer, Attorney
Category: South Africa Law
Satisfied Customers: 15603
Experience:  L.LB (UOVS)
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Hope you can help me. What is the minimum wage for

Customer Question

Hi
Hope you can help me.
What is the minimum wage for a gardener ? Or minimum wage for the Landscape Industry?
Regards
Submitted: 1 year ago.
Category: South Africa Law
Expert:  WCLawyer replied 1 year ago.
Good day and thank you for your question. My name is ***** ***** I will try and assist you today.
In order to provide you with the most accurate answer, I may have to ask you a lot of questions. This may seem tedious and irrelevant, but trust me, there is a reason for every question. So please be patient throughout the process and if it takes a little long for me to come back to you, it is probably because I am researching your answer. I hope that is okay.
For which city?
Customer: replied 1 year ago.
Johannesburg
Expert:  WCLawyer replied 1 year ago.
Do he/she/they work more, or less than 27 hours per week?
Are they paid by the hour, per week or per month?
Customer: replied 1 year ago.
Works 180 hours a month, paid monthly. Please just give me the minimum wage.
Expert:  WCLawyer replied 1 year ago.
Believe it or not, the data you just gave me is what I need to provide you with an answer.
The minimum wage for gardeners is the same as for domestic workers and for an employee being paid monthly, working more than 27 hours per week in Johannesburg, the minimum wage is R 2,065.47 until end of November 2015, when it will increase again.
Note, however, that the Basic Conditions of Employment Act state that you are only allowed to work 40 hours per week normal time. Anything more than that is overtime and must be paid at time and a half.
I hope I have answered all of your questions and addressed all your concerns, but if you have follow up questions before you rate, feel free to ask them at no extra cost. If you are satisfied with the service, kindly rate it positively.
Customer: replied 1 year ago.
Hi I am still waiting for an answer please?
Expert:  WCLawyer replied 1 year ago.
I have answered last night. I don't know why you are not able to see the answer in this thread, but I will post it again here.
Believe it or not, the data you just gave me is what I need to provide you with an answer.
The minimum wage for gardeners is the same as for domestic workers and for an employee being paid monthly, working more than 27 hours per week in Johannesburg, the minimum wage is R 2,065.47 until end of November 2015, when it will increase again.
Note, however, that the Basic Conditions of Employment Act state that you are only allowed to work 40 hours per week normal time. Anything more than that is overtime and must be paid at time and a half.
I hope I have answered all of your questions and addressed all your concerns, but if you have follow up questions before you rate, feel free to ask them at no extra cost. If you are satisfied with the service, kindly rate it positively.
Customer: replied 1 year ago.
Thanks for your answer. Please double check for me your normal hours per week.According to me, BCEA states that you can work 45 hours per week normal time?
Customer: replied 1 year ago.
Also please advice if I am a Landscaper and employ Gardeners if this rate applies to my industry?
Expert:  WCLawyer replied 1 year ago.
Apologies. You are correct. It is 45 hours per week.
I cannot find any sectoral determination or bargaining council for the industry. It does seem as if the Department of Labour has held hearings during October and November of last years in order to draft such a sectoral determination, but as of yet, none is published.
If I look at the domestic workers sectoral determination, the description of the application would, in my opinion, still catch the instance of a garden service working mainly in private gardens. Where you do golf courses and corporate parks, the sectoral determination will not apply and, at least for the time being, there will be no minimum wage applicable for this sector.

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