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
Sub- contract agreements vs the letting of mining rights
It is the ordinary course of business for South African mining right holders ("MRH") to contract with third party service [...]
National Treasury sees the light regarding foreign employers
The latest feedback received from National Treasury regarding the proposal to require foreign employers to register for employees' tax (Pay-As-You-Earn) [...]
Delegation of authority in the context of corporate governance
Delegation of authority is an important element of effective corporate governance for companies. It involves the process of the board [...]
Parenting is a job for two: The High Court declares the provisions relating to parental leave unconstitutional
and Anna Tchalov, Candidate Attorney In the matter of Van Wyk and Others v The Minister of Employment and Labour [...]
Religious freedom and operational requirements: which one should prevail?
and Nombulelo Bashe, Candidate Attorney Culture is the sum total of the beliefs and traditions of a particular society and [...]
Consequences of employees misrepresenting their qualifications and professional memberships
and Tasreeq Ferreira and Nombulelo Bashe, Candidate Attorneys Issue Whether an employee may be dismissed if he/she misrepresented his/her qualifications [...]