The Minister of Employment and Labour has determined that all employees earning in excess (more than) of R211 596.30 (Two hundred and eleven thousand five hundred and ninety-six. Thirty) per annum (R17 633.02 (Seventeen thousand six hundred and thirty-three. Zero- two) per month) are excluded from the following sections of the Basic Conditions of Employment Act, as of 01 March 2021:
- Section 9: Ordinary hours of work;
- Section 10: Overtime;
- Section 11: Compressed working week;
- Section 12: Average of hours of work;
- Section 14: Meal intervals;
- Section 15: Daily and weekly rest period;
- Section 16: Pay for work on Sundays;
- Section 17(2): Transport and night shift allowances;
- Section 18(3): Pay for public holidays where the employee works on a day he or she would not ordinarily work.
Employees who earn in excess (more than) of R211 596.30 (Two hundred and eleven thousand five hundred and ninety-six. Thirty) per annum are excluded from the above provisions. Employees earning under the threshold are required to receive the provisions of those sections. Employees earning over the threshold amount, can negotiate by mutual agreement. The conditions agreed to in the Appointment Agreement will still apply.
FIXED TERM CONTRACT OF EMPLOYMENT
This new threshold will affect the provisions of Fixed Term Contracts in the Labour Relations Act: Fixed Term employees earning less than the threshold but employed longer than 3 (Three) months will be considered permanent employees unless the Agreement can be justified.
