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
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 [...]
2021/2022 Budget Proposals – Tax Overview
2021/2022 Budget Proposals – Tax Overview By: The Werksmans Tax Team INTRODUCTION This was a Budget focused on big spending [...]
Share Repurchases, Schemes of Arrangement and the Takeover Regulations
Share Repurchases, Schemes of Arrangement and the Takeover Regulations by Brian Price, Director and Raquel Goncalves, Candidate Attorney Since the [...]
Update: COVID-19 Temporary Employer / Employee Relief Scheme (“Ters”) audit pack
by Jacques van Wyk, Director and Andre van Heerden, Senior Associate On 27 November 2020 the Department of Employment and [...]
Information Regulator issues Guidelines for the development of Codes of Conduct effective 1 March 2021
by Ahmore Burger-Smidt, Director and Head of Data Privacy Practice and member of Competition Law Practice; and Dimakatso Khumalo, Candidate [...]
