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
Exploring the right to privacy
Where does the right to privacy begin? Where does it end? Consider this in the context of a recent [...]
But first, there is a duty to exhaust internal remedies!
Before an aggrieved requester can approach a court for appropriate relief, following a decision of refusal for access to [...]
One database for all your identification information? Privacy considerations
The Department of Home Affairs (Home Affairs) recently published the Draft National Identification and Registration Bill (Draft Bill). The [...]
AI and protection of data in the mining industry
and Chiara Ferri, Candidate Attorney The mining industry in South Africa has embraced to digital transformation. Machine Learning, Big [...]
Think before issuing instructions to employees
In Association of Mineworkers and Construction workers Union obo Mkhonto & others [13 February 2023], the employees were charged [...]
Is a municipal by-law prohibiting transfer of property without a “SPLUMA Certificate” constitutional and valid?
In an unreported case[1] of the High Court of South Africa, Mpumalanga Division, Middelburg ("Court"), a number of owners [...]