Legal updates and opinions
News / News
New Earnings Threshold
and Isabella Keeves, Candidate Attorney
As of 1 April 2025, the annual earnings threshold as stipulated under the Basic Conditions of Employment Act 75 of 1997 (“BCEA”) will increase from R254,371.67 per year to R261,748.45 per year.
This increase has arisen from the recent publication of the Government Gazette on 7 March 2025 by the Minister of Employment and Labour. A link to the relevant gazette can be found here, Basic Conditions of Employment Act Determination Earnings Threshold 2025.pdf
The annual earnings threshold is a monetary ceiling for employee income and provides that employees that earn above the threshold on an annual basis will be exempt from certain statutory provisions contained within the BCEA.
These statutory provisions are:
- 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 they would not ordinarily work (section 18(3)).
These provisions are of relevance in that they all ultimately provide a limitation on ordinary working hours, overtime hours, and provide for an entitlement to overtime pay, for employees who earn below the threshold. Employers should keep an eye on this annual threshold amount, as it is changed and updated frequently by the Department of Employment and Labour.
Latest News
Employer’s threat of criminal and civil proceedings against an employee
By Jacques van Wyk, Director and Yusha Davidson, Candidate Attorney ISSUE Can an employer's threat of criminal and civil proceedings [...]
Different sanctions for employees who participated in an unlawful strike
By Jacques van Wyk, Director and Yusha Davidson, Candidate Attorney ISSUE Does the application of different discipline and issuing of [...]
Landmark case on treatment of trading stock
INTRODUCTION At about this time last year I wrote an article in relation to a decision of the Port Elizabeth [...]
Key elements of the Mining Charter, 2018
INTRODUCTION This note is designed to highlight the essential provisions contained in the Mining Charter, 2018 gazetted on 27 September [...]
“What constitutes hate speech?” – the equality court answers
On 5 October 2018, Sutherland J handed down an important judgment in the discourse of what constitutes hate speech in [...]
“So the wolf showed his teeth” – not again Facebook!
by Ahmore Burger-Smidt, Head of Data Privacy Practice "Little pigs! Little pigs! Let me in! Let me in!" "No! No! [...]
