Posts Tagged ‘Basic Conditions of Employment Act’
Employers now subject to dual enforcement for non-payment of benefit fund contributions
The Minister of Employment and Labour (the Minister) has withdrawn a long-standing exemption that previously shielded employers from labour law enforcement regarding deadlines for payment of benefit fund contributions. This change strengthens the enforcement framework and creates additional compliance obligations for employers. On 13 January 2026, the Minister withdrew the 2003 determination that exempted employers…
Read MoreEmployers must update leave policies after landmark ConCourt ruling
The Constitutional Court has confirmed that sections of the Basic Conditions of Employment Act (BCEA) and the Unemployment Insurance Fund Act are unconstitutional because, when it comes to “maternity leave”, they unfairly discriminate against mothers and fathers, surrogate parents, and those who adopt children. The declarations of constitutional invalidity were suspended for 36 months to…
Read MoreNational minimum wage and Earnings threshold
On 7 March 2025, the Minister of Employment and Labour gazetted a new earnings threshold of R261 748.45 per annum or R21 812.37 per month. In terms of the Basic Conditions of Employment Act (BCEA), all employees earning in excess of the earnings threshold, are excluded from the ambit of certain sections of the BCEA, which primarily…
Read MoreEARNINGS THRESHOLD
As of 1 April 2024, South Africans will see the implementation of the increased annual earnings threshold determined by the Minister of Employment and Labour (Minister) in the amount of R254,371.67. This represents an increase of R13,261.08 from the previous amount of R241,110.59, which has been in effect since 1 March 2023. The earnings threshold…
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