NATIONAL MINIMUM WAGE ACT, 2019
Section 13: Enforcement.
The national minimum wage may be enforced by the aggrieved worker, trade unions and Minister of Labour and Employment as follows-(a) a worker who is paid an amount less than the national minimum wage is contractually entitled to whichever is the higher amount of the difference between his pay and the amount of the national minimum wage that he should have been paid;
(b) the worker has the right to take his case directly to the National Industrial Court, or may file a formal complaint with the Minister of Labour and Employment;
(c) trade unions may demand for compliance with the provisions of this Act, on behalf of their members and shall not later than 30 days from the receipt of the workers complaint, file the claim to the National Industrial Court;
(d) where an employer fails to pay the national minimum wage to a worker or a group of workers, an authorised officer shall serve a notice of enforcement requiring the employer to pay the arrears of the wage to the worker named on the notice within 30 days, but the employer is entitled to appeal the notice to the Minister of Labour and Employment who shall resolve the matter within 30 days of the receipt of the appeal;
(e) the notice of enforcement shall state the-
(i) amount owed to the worker,
(ii) period to which the payment applies, and
(iii) time limit for the payment; and
(f) where an employer served with an enforcement notice fails, in whole or in part, to comply with the notice, the matter shall be referred to the National Industrial Court.
Cite this section
Section 13, NATIONAL MINIMUM WAGE ACT, 2019 (2019).
https://repo.podus.ai/laws/national-minimum-wage-act-2019/section/13/