A UIF official speaks to staff members at Second Story restaurant in Sandton, Johannesburg ,during a blitz by the department of employment and labour on Wednesday..Image: HERMAN MOLOI

Sandton waiters’ earnings revealed after dept blitz

Workers tell of how they survive on tips from long shifts

by · SowetanLIVE

When a waiter serves a table of two at one of Sandton’s posh restaurants, the average bill of his patrons is likely double what he earns from tips made in his 14-hour shift.

Such is the rate of pay revealed by waitrons, some of who only earn tips and no basic salary, at some of Gauteng’s top dining spots.

A raid by a multi-disciplinary team of department of employment and labour inspectors on Wednesday led to the arrest of five people – a manager and four undocumented employees at Tang restaurant.

Tang has been temporarily closed due to noncompliance with some requirements.

The inspectors raided four restaurants with the blitz operation set to continue over the next few days. 

At Second Story restaurant, an employee from Zimbabwe told Sowetan his workplace does not have a basic salary, and that he earned up to R1,800 in tips on his three-day shift.

This means he earns an average of R600 a day.

"The working conditions are not bad but the money is not enough ... but it's better than nothing. I stay in the [Johannesburg] CBD and rent a bachelor flat. I pay R3,800 [a month] which includes levies and electricity, then I use some of the money for transport to get to work," he said.

Another employee, also from Zimbabwe, said he made between R2,800 and R3,200 on the same shift.

A UIF official speaking to staff at Second Story restaurant in Sandton during a blitz operation. by department of labourImage: HERMAN MOLOI

"We start our shift at 7am and knock off at 9.30pm during weekdays, and on Friday and Sunday if you work, it's [7am] till 10pm. There is no break but this is not something they [employer] are forcing us, it's just that as an employee, you can't leave a table unattended and go eat," said the employee.

"There is no transport allowance and payslip. [When you are employed], you get a [form and] you fill out your [personal] and banking details," he said.

Employees at each of the restaurants were heard asking what was happening as the inspectors came in.

At Second Story, one of the employee's identity document will be investigated by home affairs.

The man told inspectors he was born in Zimbabwe but had obtained the document with the help of his former employer. The ID states he was born in SA, he told a home affairs official. 

At Tang, inspectors pounced before opening at midday.

Inspectors ordered about 20 employees to stop what they were doing and sit where they were interviewed about their salaries and working conditions. They were given pieces of paper to write down their salaries.

There is no break but this is not something they [employer] are forcing us, it's just that as an employee, you can't leave a table unattended and go eat.Second Story employee

The restaurant pays a basic salary of between R5,000 and R7,500 for cleaners and chefs, an official at the raid said.

Gauteng chief inspector Michael Msiza said three restaurants raided in Sandton were not paying basic salaries to waiters. "They all earn in terms of tips and commission, they don't have a basic salary. We are going to make calculations and make sure that they [employees] are paid what is due to them.

"If you don't comply with the National Minimum Wage Act we give you a provision notice that you should pay your employees within 14 days, and if you don't we take you to the CCMA."

He said Tang would be temporarily closed.

"[Tang] cannot operate because we have prohibited its operations. We have found them not compliant with the Unemployment Insurance Act. The declarations do not tally with what it pays to the fund and its employees and also in terms of occupational health and safety. We prohibited the gas installation [as it] is not compliant. They do not have a certificate of conformity. Their ceiling was leaking..."

Msiza said the manager arrested worked in human resources and the employees were undocumented.

"The reason why we arrest the HR person is because he's the one who's dealing with the hiring and firing of employees and also paying them and in most cases it's the person who owns the establishment."

The raids on Wednesday come after a viral video by Pretoria's Babel restaurant employee, who alleged mistreatment and unfair labour practice at the eatery.

Two people from Babel, in Menlyn,  and the HR manager were arrested on Sunday night. A delivery man at Ocean Basket, also in Menlyn, was apprehended as well.

Babel manager Raui Kobeissi, 42, was released after he paid R10,000 admission of guilt fine on Tuesday, said National Prosecuting Authority spokesperson Lumka Mahanjana.

The three employees – Emery Niyomuremyi, 35, from Burundi, Amina Lameck, 34, from Malawi and Kelechi Maduike, 38, from Nigeria were remanded in custody. They are charged with contravention of the Immigration Act.

Employment and labour minister Nomakhosazana Meth on Monday said they had found noncompliance at Ocean Basket and Babel, who owe their employees more than R1m in underpaid wages according to the prescribed minimum wage.

Meth said both Ocean Basket and Babel failed to compensate employees in accordance with the prescribed minimum wage rate for 2024, which is R27.58 per hour.

She said the amount Babel owes the employees due to underpayment is estimated at R271,984.32 for cleaners and R295,547.28 for waiters, which comes to over half-a-million rand.

"Waiters were remunerated only on commission and tips at Babel restaurant and some were remunerated with as little as R150 per shift, at a maximum of R300 per week, which is far below the national minimum wage.

"The workers at Babel restaurant worked 12- and 15-hour shifts daily, which is in contravention of the daily and weekly rest period provided for in the Basic Conditions of Employment Act."

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