By Nicolette Oberholzer
A new determination for earnings threshold with regard to Basic Conditions of Employment Act, no 75 of 1997, was promulgated in the Government Gazette, No R.100, 1 February 2008. The determination stipulates that all employees earning in excess of R 149 736 (one hundred and forty nine thousand seven hundred and thirty six rand) per annum will be excluded from the following sections of the Act.
Section 9 Ordinary hours of work
Section 10 Overtime
Section 11 Compressed working week
Section 12Averaging of hours of work
Section 15 Daily and weekly rest period
Section 17(2)Night work(with regards to shift allowance and transportation)
Section 18(3)Public holidays
The determination will come into effect on the 1st of March 2008.
For the purpose of the notice earnings means the regular annual remuneration before deductions, i.e. income tax, pension, medical and similar payments but excluding similar payments (contributions) made by the employer in respect of the employee. Take note that subsistence and transport allowance received or achievement awards, intermittent payments for occasional overtime shall not be regarded as remuneration for the purpose of this notice.
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