Increase in BCEA earnings threshold and National Minimum Wage

South African Engineers and Founders Association

12 February 2021

The Department of Employment and Labour has published the National Minimum Wage Review and the Basic Conditions of Employment Act.

Please find below the Notices for your attention.  Whilst the increasing of the National Minimum Wage may have limited effect on members, the increasing of the earnings threshold in the Basic Conditions of Employment Act (BCEA) means that any non-scheduled employee who earns in excess of R211 596.30 per annum is excluded from sections 9, 10, 11, 12, 14, 15, 16, 17(2) and 18(3) of the BCEA with effect from 1 March 2021.  For ease of reference, the headings of these sections are listed below:

Section 9:            Ordinary hours of work

Section 10:          Overtime

Section 11:          Compressed working week

Section 12:          Averaging 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 deals with the necessity of agreement to work night work, the payment of a shift allowance and provision of transportation)

Section 18:          Public holidays (subsection 3 deals with the obligation to pay employees an increased rate for work done on a public holiday)

Government Gazette No: 44136

Government Gazette No: 44137

Please contact the office should you have any queries.