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
POPIA face-off on Facebook: High Court says social media post is unlawful, orders interdict
In the recent High Court decision of Munetsi v Madhuyu, the applicant sought a court order against the respondents to [...]
SAFM Market Update: Cross Trainer Enters Business Rescue
Dr. Eric Levenstein, Director and Head of our Insolvency & Business Rescue practice area, had a discussion with Jimmy [...]
Section 54 – Still a Bar to the Commencement of Mining Activity?
On 5 December 2018, Werksmans published an article on the Constitutional Court Judgment: CCT 265/17 Maledu v Itereleng Bakgatla Mineral [...]
When Three Legal Planets Align… WhatsApp Must Pay a $220 000 000.00 Fine
The Federal Competition and Consumer Protection Commission ("Commission"), being the foremost agency in Nigeria, responsible for the promotion, protection, and [...]
Waive Goodbye to Uncertainty: Phoenix Salt Industries (Pty) Ltd v The Lubavitch Foundation of Southern Africa
and Laeeqah Kassiem, Candidate Attorney This article discusses the judgement of Phoenix Salt Industries (Pty) Ltd v The Lubavitch Foundation [...]
Mr. Pty Ltd, You Have a Right to Privacy!
When thinking about the Protection of Personal Information Act 4 of 2013 ("POPIA") individuals often, mistakenly so, think about the [...]