Yes, agents are most probably employees and Yes, you will have to pay!
We have all heard about the “minimum wage” and wondered how, and if at all, it would apply to the real estate industry. We approached our attorneys, Cliffe Dekker Hofmeyr, to assist us in advising our members accordingly and I below, their response for your urgent perusal.
The National Minimum Wage Act 9 of 2018 (“NMWA”) applies to employees, and not to independent contractors. Therefore, the question begs if an estate agent is an employee or an independent contractor and if the “NMWA” applies? I understand that one or more factors can determine the status of the individual as outlined in the opinion, so the matter must be approached with caution.