There is mounting fear that the national minimum wage legislation will exclude even more vulnerable workers than stipulated due to its design. The proposed legislation defines a "worker" as an employee in accordance with the Basic Conditions of Employment Act, which does not cover "independent contractors" who perform "task-based work, piecework, homework, subcontracting and contract work". Wits University’s National Minimum Wage Initiative has objected to the exclusions in its submission to Parliament, arguing that applying the existing definition of "employee" posed a significant risk to workers who were in "danger of working long hours with the equivalent of low hourly wages". It noted that the move was contrary to international trends, existing agreements and recommendations of a panel of experts that researched the feasibility of minimum wage policy. If implemented, the policy would fail to address changing trends in the workplace, with experts pointing to an increase in outsou...

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