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
Who has territorial jurisdiction over labour disputes where there is a foreign element?
and Kelly Sease, Candidate Attorney Technology has contributed to a significant increase in global mobility, which has enabled the ability [...]
Energy Performance Certificate for commercial buildings
On 13 January 2020, the Minister of Mineral Resources and Energy published a draft Regulation for the Mandatory Display [...]
The implication of the amendments to the Financial Intelligence Centre Act, 38 of 2001
With effect from 19 December 2022, the list of "accountable institutions", as contained in Schedule 1 to the Financial [...]
Trust transparency as a means to combat money laundering: what should trustees know
by Benedict Ngobeni, Candidate Attorney Concerns around money laundering and other illicit financial activities have been gaining traction over [...]
Play it again (and again): A new regime for complementary medicines
The Minister of Health has published certain amendments to the General Regulations ("the Regulations") made in terms of the [...]
Information Regulator bites! Enforcement Notice issued against the SAPS
It was with great shock that the South African society learned about the rape of several women near Krugersdorp [...]