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
Chambers Global 2023
Chambers Global released its 2023 rankings. Published annually since 1999, Chambers covers legal markets of 200 jurisdictions by researching firms and [...]
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 [...]
The ‘AI Chatbot Race’
By Kyra South, Senior Associate and Janice Geel, Candidate Attorney, reviewed by Natalie Scott, Director, Head of Sustainability Practice 2023 [...]
The Green Revolution – Africa’s time is now
Green Revolution With over 6000 thousand delegates having descended at the CTICC in Cape Town for the annual Investing in [...]
Mining for industries of the future
In his opening address at the Investing in African Mining Indaba 2023, the Minister of Mineral Resources and Energy, Mr [...]
The Competition Commission turnips the heat on fresh produce – 10 things you should know
by Dominique Arteiro, Director Fresh Produce Market Inquiry On 14 February 2023, the Competition Commission of South Africa (“Commission”) published in the [...]