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
Employer may fairly dismiss employees for refusing to accept operational changes in the context of restructuring
Refusing to accept operational changes in the context of restructuring Explanatory Note Generally, the dismissal of employees to coerce them [...]
Update: Prevention and Elimination of Harassment in the Workplace
The Harassment Code by Jacques van Wyk, Director; Andre van Heerden, Senior Associate; and Danelle Plaatjies, Candidate Attorney Introduction On [...]
Quotas for employment of foreign nationals – Rationing the work
Quotas for employment of foreign nationals by Peter Mosebo, Director and Lisa Appelgryn, Senior Associate 1. The Minister of [...]
Mandatory vaccinations after the state of emergency is lifted
Consolidated Direction on Occupational Health and Safety measures As has been recently published, the national state of disaster has been [...]
Continuously raising grievances in the workplace held to be a fair ground for dismissal
Raising grievances in the workplace The issue was whether the dismissal of an employee who continuously raised grievances was substantively [...]
