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More employees enjoy benefits under the basic conditions of employment act

by Hayley Langdon

In terms of the amendments to our current legislation the threshold, for benefits under certain sections of the Basic Conditions of Employment Act, has been increased from R149 736.00 to R172 000.00, effective from 1 July 2011.

Employees earning more than the amended threshold do not automatically enjoy the benefits of the following sections of the Basic Conditions of Employment Act:

  • Section 9: Ordinary hours of work
  • Section 10: Overtime
  • Section 11: Compressed working week
  • Section 12: Average hours of work
  • Section 14: Meal intervals
  • Section 15: Daily and weekly rest periods
  • Section 16: Pay for work on Sundays
  • Section 17: Night work
  • Section 18: Public holidays

The increase in the. threshold has therefore resulted in the more employees being automatically entitled to the benefits of the above sections including, but not limited to, overtime pay and additional pay for work done on Sundays and public holidays.

Employers should ensure that they are aware of the amendment and the implications thereof. They may need to amend their employment contracts accordingly.

11 July, 2011

**Please note that these comments are summarised, may not be applicable to your particular situation and do not constitute legal advice. Please consult your legal professional should you wish to obtain a formal legal opinion.**