By Jan du Toit

Section 6 of the Basic Conditions of Employment Act makes provision for the Minister of Employment and Labour to determine an earnings threshold.

The effect of such threshold is that it excludes employees earning above the determined amount from the protection offered to employees under certain sections of chapter 2 of the Act. Chapter 2 of the BCEA primarily deals with the regulation of working hours of employees.

Additionally, as per sections 198, 198 A, B, C and D of the Labour Relations Act, employees earning below the earnings threshold are considered to be vulnerable and are entitled to additional protection pertaining to non-standard employment arrangements such as fixed term contracts, labour broker and part-time employees.

As from the 1st of March 2022, the earnings threshold will be increased from R211596.30 per annum to R 224080.48 per annum (R18673.37 per month).

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