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
The European Union Trade Mark and the UK after Brexit
By Donvay Wegierski, Director On the 31 December 2020, the Brexit Transition period ended and the UK separated from the [...]
Like clockwork – the inclusion of descriptive words in trade marks SWATCH Vs IWATCH
By Janine Hollesen, Director; and Dannielle Fiff, Candidate Attorney In the case of Swatch AG (Swatch SA) v Apple Inc. [...]
Achieving meaningful access to medicines: a patient-centric approach – the next healthcare debate
Access to medicines Access to medicines may be a challenge for patients requiring access to innovative medicines where the costs [...]
Uber drivers’ long and bumpy ride to becoming workers
by Sandile July, Director; Lloyd Abraham, Director; Sandile Tom, Director; and Lisa Appelgryn, Senior Associate 1. This article explores the [...]
Business Rescue Practitioners – mind the trap!
by Roxanne Webster, Senior Associate and Siyabonga Galela, Candidate Attorney Reviewed by Eric Levenstein, Director and Lauren Becker, Director Introduction [...]
Shareholder “divorce” – is dissolution of the company a viable remedy?
by Rachel Winterbach, Candidate Attorney reviewed by Pierre le Roux, Director and Jarryd Mardon, Senior Associate It occurs in [...]
