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
Putting Directors on Notice! – Section 129(7) of the Companies Act
Section 129(7) of the Companies Act The often "overlooked" Section and its meaning for directors of financially distressed companies by [...]
Explanatory Note
"No right, including the right to strike, is absolute." (AMCU and Others vs Anglo Gold Ashanti and Others) The right [...]
National minimum wage increases for 2022
Adjusted national minimum wage Following a mandatory annual review process, the Minister of Employment and Labour announced increases to the [...]
Earnings threshold increase for 2022
Annual earnings threshold increase for 2022 The Basic Conditions of Employment Act 75 of 1997 ("BCEA") empowers the Minister of [...]
Is a report prepared in terms of S 165(4) of the Companies Act privileged?
by Jones Antunes Director, Danielle Hertz, Associate, and Marisha Krishna, Candidate Attorney This aforesaid is an issue that recently enjoyed [...]
Can’t make head or tail of POPIA? Lessons from Sheburi V Rail Safety Regulator
The Protection of Personal Information Act 4 of 2013 The Protection of Personal Information Act 4 of 2013 ("POPIA") came [...]
