The Minister of Employment and Labour has determined that all employees earning in excess of R241 110.59 per annum are excluded from sections 9, 10, 11, 12, 14, 15, 16, 17(2) and 18(3) of the Basic Conditions of Employment Act No. 75 of 1997. This is effective from 1 March 2023.
These sections provide for the following, respectively:
· Ordinary hours of work
· Compressed working week
· Average of hours of work
· Meal intervals
· Daily and weekly rest period
· Pay for work on Sundays
· Night work
· Public holidays
“Earnings” means 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 calculating earnings.
Download the Government Gazette on the 2023 BCEA Earnings Threshold here:
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