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
When Mergers Merge: Guidelines on Indivisible Transactions
The Competition Commission (the Commission) has released its final guidelines on indivisible transactions (the Guidelines). These guidelines are crucial for understanding [...]
Turning the wheel, final automotive aftermarket guidelines issued!
The Competition Commission ("Commission") has recently issued final Guidelines for Competition in the South African Automotive Aftermarket ("Guidelines") first published [...]
Is your iPhone “illegal”?
and Ntombi Nzimande - Candidate Attorney Vertical integration is a powerful strategy employed by businesses to control more than one [...]
Credit Providers as Accountable Institutions
- Reviewer; Authored by Slade van Rooyen, Candidate Attorney Incidental credit attracts renewed interest in the context of the Financial [...]
Bulelwa Mabasa, Director and Head of Land Reform, spoke to 702
Bulelwa Mabasa, Director and Head of Land Reform, spoke to 702 discussing the potential new mining rush for critical [...]
Implications on Mining Communities in the ‘New Minerals’ Revolution
The advent of the of the discovery of new critical minerals in the quest to fulfil the growing demand for [...]