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
Cybercrimes Act: South Africa Finally Joins The Big Boy Table
1. President Cyril Ramaphosa has just signed the Cybercrimes Bill, which seeks to bring South Africa's cybersecurity laws in line [...]
Competition Commission Launches Online Market Inquiry – Key Priority Sector
by Dominique Arteiro, Director Background: Online Platforms Today, 19 May 2021 the Competition Commission of South Africa ("Commission") officially commenced [...]
Impact of Covid-19 on merger conditions
Merger conditions There is no doubt that the Covid-19 pandemic has had, and is continuing to have, a severe impact [...]
Competition Commission’s Report on the effects of the Covid-19 Block Exemption for the Retail Property Sector, 2020
by Dominique Arteiro, Director Background On 23 April 2021, the Competition Commission ("Commission") published a notice in the Government Gazette in [...]
JSE efforts to reduce red tape in Section 9 of the Johannesburg Stock Exchange Listing Requirements
The Johannesburg Stock Exchange Consultation Paper From the outside, it is worth acknowledging that the JSE Limited (the "JSE") or [...]
Well-known trade marks recognised in Tanzania
By Donvay Wegierski, Director On 4 February 2021 judgement was handed down by the High Court of Tanzania, Dar Es [...]
