In terms of GNR 531 in Government Gazette GG 37795 dated July 1, 2014 and with effect from July 1, 2014 employees whose annual ‘earnings’ exceed R205 433.30 (currently R193 805 as from 1 July 2013) will be excluded from the application of various sections of Chapter Two (Regulation of Working Time) of the BCEA. There is no change in the definition of ‘earnings’. Payments for any type of overtime will still be excluded from the calculation of earnings. Prior to July 2011 only ‘intermittent payments for occasional overtime’ were excluded. In terms of the BCEA s 6(3) the Minister of Labour must make a determination excluding “any category of employees earning in excess of an amount stated in that determination”. The figure of R183 008 mentioned in Earnings threshold increased by 12.25% from 1 July 2014 is incorrect and should have read R193 805 and sincere apologies for the misleading information.
The immediate effect of the upwards adjustment of the threshold is that employees currently earning above R193 805 but below R205 433.30 will forthwith be entitled to rely on the basic conditions referred to in the notice and will no longer be excluded.