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
What are you worth? “if you’re not paying for a product, then you are a product.”
In the digital world, this happens to be true. But it is not only companies that have realised the value [...]
The privacy of customers seemingly protected by RICA
The Regulation of Interception of Communications and Provision of Communication Related Information Act 70 of 2002 ("RICA") was enacted more [...]
The publication of information by the Auditor General in terms of PAIA
and Chiara Ferri, Candidate Attorney In the High Court judgment of Sakeliga NPC v The Auditor-General South Africa (36297/2022) [2023] [...]
The Financial Services Tribunal’s position on the withholding of a pension benefit pursuant to a criminal complaint
In this article we will discuss the extent to which employers may withhold a pension benefit if such employer has [...]
OpenAI vs Open AI
OpenAI Inc ("OpenAI"), the originator of ChatGPT, has launched trade mark infringement and unfair competition proceedings in the USA against [...]
Heritage Matters: Celebrating Heritage Month 2023
In this Heritage Month, as we celebrate the richness of Traditional Knowledge (TK) and Traditional Cultural Expressions (TCEs), we [...]