APPLICATION OF THE BASIC CONDITIONS OF EMPLOYMENT ACT

General exclusion:

The Basic Conditions of Employment Act applies to all employees and employers except:

• members of the National Defence Force,

• National Intelligence Agency,

• South African Secret Service and

• unpaid volunteers working for an organisation with a charitable purpose. 

Exclusion for employees earning in excess of R 115 572-00 per annum

Employees earning in excess of R115 572.00 per annum are excluded from section 6 to 17 and 18(3) of the Basic Conditions of Employment Act. (In terms of the determination, earnings mean gross pay before deductions for income tax, pension, medical and similar payments.)

This exclusion is in terms of a ministerial determination as permitted by section 6(3) of the Basic Conditions of Employment Act. The Determination reads as follows: 

I, Membathisi Mphumzi Shepherd Mdladlala, Minister of Labour, in terms of Section 6 (3) of the The Basic Conditions of Employment act, number 75 of 1997 determine that all employees earning in excess of R115572-00 per annum be excluded from sections 9 , 10 , 11, 12 , 13 , 14 , 15 , 16 , 17 and 18 (3) of the Act and fix the second Monday after the date of publication of this notice as the date from which the said determination shall be binding.

 

For the purpose of this notice, "earnings" means:  gross before deductions i.e. income-tax, pension, medical aid and similar payments but excluding similar payments (contributions) made by the employer in respect of the employee.

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