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
Telecommunication, economic growth and regulatory intervention
INTRODUCTION On 24 May 2017, Dr. Siyabonga Cwele, the Minister of Telecommunications and Postal Services delivered his department's 32nd [...]
The importance of trade mark and domain name registration
The launch of the .Africa domain name is currently underway as referred to in the last two editions of our [...]
The implementation of the BEPS multilateral instrument in South Africa
INTRODUCTION The implementation of the Base Erosion and Profit Shifting (BEPS) Multilateral Instrument in South Africa is progressing. On [...]
Employment Equity Act compliance
There has been a recent increase in the number of employment equity audits conducted by the Department of Labour on [...]
Application for registration of a bargaining council: private security sector
On 13 April 2017 ("Notice Date") the Department of Labour gave notice in the government gazette of receipt of an [...]
Sexual harassment: employers beware
ISSUE(S) In what circumstances an employer may be held liable for sexual harassment committed by one of its employees [...]
