Commencing April 1, 2024, South Africans will witness the implementation of an augmented annual earnings threshold, as determined by the Minister of Employment and Labour, set at R254,371.67. This elevation constitutes an increase of R13,261.08 from the preceding threshold of R241,110.59, which has held sway since March 1, 2023. This adjustment reverberates across the application landscape of several pivotal legislative statutes, namely the Basic Conditions of Employment Act (BCEA) of 1997, the Labour Relations Act (LRA) of 1995, and the Employment Equity Act (EEA) of 1998.
Under the BCEA, employees surpassing this threshold find themselves excluded from a panoply of provisions delineating facets such as standard work hours, overtime compensation, compressed work schedules, work hour averaging, meal and rest breaks, Sunday wage structures, nocturnal labour remuneration, and holiday pay paradigms. In the realm of the LRA, those exceeding the earnings threshold are absolved from the deeming provision, whereby individuals engaged by non-temporary employment services or labour brokers are statutorily considered employees of the client for LRA purposes.
Furthermore, such individuals are extricated from provisions pertaining to fixed-term employment, which customarily entail indefinite employment status after a three-month tenure, unless warranted contractual limitations exist.
Turning attention to the EEA, individuals earning in excess of the threshold encounter curbs in dispute resolution avenues. Specifically, those embroiled in disputes under Chapter II of the EEA regarding unfair discrimination face impediments in resorting to the CCMA for arbitration. Exceptions are delineated only for disputes revolving around alleged sexual harassment or in cases of unanimous arbitration accords, mandating referral to the Labour Court for adjudication instead.
For the purpose of ascertaining whether an employee eclipses the earnings threshold, "earnings" encompass regular annual remuneration antecedent to deductions such as income tax, pension fund contributions, and medical aid premiums. Noteworthy is the exclusion of similar payments or contributions made by employers on behalf of employees. It is to be noted that subsistence and transport allowances, achievement awards, and overtime recompense lie beyond the purview of remuneration delineation.