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
Ten things you need to know about price gouging: The state of play in South Africa
By Paul Coetser, Director and Head of the Competition practice The Competition Commission is aggressively pursuing any company alleged to [...]
COVID-19 regulations and how commercial landlords may survive
by Walid Brown, Director and Elzaan Haynes, Candidate Attorney The COVID-19 national lockdown restrictions (" the lockdown restrictions") are having [...]
Medical Schemes Act Amendment: COVID-19 declared a PMB
by Neil Kirby, Director and Head of the Healthcare & Life Sciences practice and Zamathiyane Mthiyane, Senior Associate Pursuant to a [...]
COVID-19 Temporary Employer / Employee Relief Scheme (“TERS”) applications for May
by Jacques van Wyk, Director and Thabisa Yantolo, Candidate Attorney Employers who are registered with the Unemployment Insurance Fund ("UIF"), [...]
‘Special measures’ for the return to work of employees older than 60 years old
by Jacques van Wyk Director and Thabisa Yantolo, Candidate Attorney On 29 April 2020 the Minister of Cooperative Governance and [...]
New directions, regulations and a Labour Court judgment bring clarity to the mining industry
by Chris Stevens, Director and Head of the Mining, Environmental & Resources practice; Kathleen Louw, Director; Bronwyn Parker, Senior Associate; [...]
