Labour Law

The Basic Conditions of Employment Act in South Africa

The sheer volume and complexity of South Africa’s Labour and Employment Law can be difficult for the layperson to comprehend and argue on a legal level, which can lead to  disputes arising between employers and their employees. Therefore, you need a labour law specialist when you find yourself in a legal dispute regarding your employment. Allardyce & Partners Attorneys offers labour law specialists who can assist you with clarification on the applicable Labour and Employment Law legislation, regulations, and practices, giving you a clear picture of the legal actions that you can pursue to ensure that you win your case.

In certain instances, the Basic Conditions of Employment Act (BCEA) in South Africa offers protection for employees that earn less than R211 596,30 annually, before tax and contributions and not those who earn above the threshold. This act includes certain provisions for employees that are eligible, including hours of work, overtime, work over weekends, and compensation for overtime work. As a result, the BCEA strives to create a fair and just system for basic employment in South Africa. However, not all of the provisions and more especially the protections afforded under this act  apply to people earning more than R211 596,30 annually.

What Happens to Employees Earning Above the BCEA Threshold?

It is important that you check whether the provisions and protections of the BCEA apply to you, as in many instances, these do not, for example, your right to claim for unpaid salaries in the CCMA, overtime payment, private arbitration clauses, etc. It is important for you to know, firstly, whether you have the rights – based on statute or on contract, or both – and should these rights be breached, where you may apply for relief.

Allardyce & Partners Attorneys is your first choice when you are seeking legal advice and services regarding the Labour and Employment Law in South Africa. We can assist with contracts as well, ensuring that your employment contract is legal and fair. For more info, please contact us on 011 234 2125 or email us at enquiries@allardyce.co.za.