Legal updates and opinions
News / News
Increase to BCEA earnings threshold
On 20 February 2023 the Minister of Employment and Labour, Thembelani Waltermade Nxesi, published a Government Gazette providing for the increase of the earnings threshold, as provided for in the Basic Conditions of Employment Act 75 of 1997 (“BCEA”). The increase will be from R224,080.48 per annum to R241,110.59 per annum with effect of 1 March 2023.
The meaning of ‘Earnings’ is set out in the Government Gazette notice as
“the regular annual remuneration before deductions i.e income tax, pension, medical and similar payments but excluding similar payments (contributions) made by the employer in respect of the employee: Provided that subsistence and transport allowances received, achievement awards and payments for overtime worked shall not be regarded as remuneration for the purpose of this notice.”
Employees who earn in excess of the threshold are excluded from certain provisions of the BCEA including ordinary hours of work (section 9), overtime (section 10), compressed working weeks (section 11), averaging hours of work (section 12), meal intervals (section 14), daily and weekly rest periods (section 15), pay for work on Sundays (section 16), pay for night work (section 17(2)) and pay for public holidays where the employee works on a day he/she would not ordinarily work (section 18(3))
Latest News
Proposed Amendments to the Equality Act
Equality Act or PEPUDA In March 2021, the Department of Justice and Constitutional Development ("DOJ") invited interested parties to comment [...]
The Constitutional Court rules on tax allowances for retail loyalty programmes
The Constitutional Court rules on tax allowances It is rare to see tax disputes end up in the Constitutional Court [...]
China: Opportunities and opportunist
China implemented anti-dumping duties on Australian wines Media reports that China recently implemented anti-dumping duties on Australian wines introducing import [...]
Current status: National Health Insurance Scheme
National Health Insurance Scheme or NHI Notwithstanding the attention that has come to be focused on the prevailing COVID-19 pandemic, [...]
Electronic signatures: recent developments
by Pierre Burger, Director What is an electronic signature, and when will it be valid in place of a handwritten [...]
What is consultation?
Mining companies required to consult with communities Mining is one of the major contributors to the national economy. The issue [...]
