Basic Conditions of Employment Act: Determination: Earnings Threshold

The Minister of Employment and Labour has determined that, in terms of section 6(3) of the Basic Conditions of Employment Act, all employees earning in excess of R241 110.59 (two hundred and forty one thousand one hundred and ten Rand’s and fifty nine cent) per annum be excluded from sections 9, 10, 11, 12, 14, 15, 16, 17(2) and 18(3) of this Act with effect from 1 March 2023.

The various sections headings are as follows – 

  • Section   9: Ordinary hours of work
  • Section 10: Overtime
  • Section 11: Compressed working week
  • Section 12: Averaging of hours of work
  • Section 14: Meal intervals
  • Section 15: Daily and weekly rest period
  • Section 16: Pay for work on Sundays
  • Section 17: Night work. Subsection (2) which states – An employer may only require or permit an employee to perform night work, if so agreed, and if- (a) the employee is compensated by the payment of an allowance, which may be a shift allowance, or by a reduction of working hours; and (b) transportation is available between the employee’s place of residence and the workplace at the commencement and conclusion of the employee’s shift
  • Section 18: Public holidays. Subsection (3) states – If an employee works on a public holiday on which the employee would not ordinarily work, the employer must pay that employee an amount equal to- (a) the employee’s ordinary daily wage; plus (b) the amount earned by the employee for the work performed that day, whether calculated by reference to time worked or any other method.

The Minister of Employment and Labour has determined that, in terms of section 6(3) of the Basic Conditions of Employment Act, all employees earning in excess of R241 110.59 (two hundred and forty one thousand one hundred and ten Rand’s and fifty nine cent) per annum be excluded from sections 9, 10, 11, 12, 14, 15, 16, 17(2) and 18(3) of this Act with effect from 1 March 2023.

The various sections headings are as follows – 

  • Section   9: Ordinary hours of work
  • Section 10: Overtime
  • Section 11: Compressed working week
  • Section 12: Averaging of hours of work
  • Section 14: Meal intervals
  • Section 15: Daily and weekly rest period
  • Section 16: Pay for work on Sundays
  • Section 17: Night work. Subsection (2) which states – An employer may only require or permit an employee to perform night work, if so agreed, and if- (a) the employee is compensated by the payment of an allowance, which may be a shift allowance, or by a reduction of working hours; and (b) transportation is available between the employee’s place of residence and the workplace at the commencement and conclusion of the employee’s shift
  • Section 18: Public holidays. Subsection (3) states – If an employee works on a public holiday on which the employee would not ordinarily work, the employer must pay that employee an amount equal to- (a) the employee’s ordinary daily wage; plus (b) the amount earned by the employee for the work performed that day, whether calculated by reference to time worked or any other method.

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