Oribus Legis Solutions

22/04/2026

BASIC CONDITIONS OF EMPLOYMENT ACT - EARNINGS THRESHOLD INCREASE FOR 2026
The earnings threshold, in terms of Section 6(3) of the Basic Conditions of Employment Act (“BCEA”), has been increased to R 269,600.90 per year (R 22 466.74 per month), with effect from 1 May 2026. The current earnings threshold is R 261,748.45 per year. This represents an increase of 3%.
The earnings threshold has the effect that the limitations or protections afforded by certain sections of the BCEA, do not apply to employees earning above the new threshold. These sections are:
- section 9 (hours of work);
- section 10 (overtime);
- section 11 (compressed working week);
- section 12 (averaging of hours);
- section 14 (meal intervals);
- section 15 (daily and weekly rest periods);
- section 16 (pay for work on Sundays)
- section 17 (2) (night work); and
- section 18 (3) (public holidays on which the employee would not ordinarily work).
For purposes of the new threshold “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. Provided that subsistence and transport allowances received, achievement awards and payments for overtime worked, are not regarded as remuneration.
The earnings threshold also has an effect on certain other provisions of the BCEA, the Labour Relations Act (LRA), and Employment Equity Act (EEA) namely; 1) Which employees are regarded as permanent employees in terms of s198B of the LRA, 2) The ability to claim any outstanding amount due to the employee, in terms of the BCEA, the National Minimum Wage Act, a contract of employment, a sectoral determination, or a collective agreement, in the CCMA, 3) Whether unfair discrimination disputes may be referred to the CCMA, as opposed to the Labour Court, in terms of s10(6) of the EEA.
This is general information.

11/03/2026

Employers to take note that we are entering the season to submit ROE. (Workmens compensation Fund)also known as COIDA returns. This is compulsory and failure can result in huge fines. It is also compulsory that your domestic employees are also registered. Employers can contact me for assistance on 082 507 5222.

30/09/2025

11/06/2025

NEDLAC LABOUR LAW REFORMS
Some of the amendments, negotiated by Organised Labour, Organised Business, and Government, at NEDLAC, to the following labour laws, to be implemented towards the end of 2025, are the following:
A. LABOUR RELATIONS ACT
1. EXTENSION OF COLLECTIVE AGREEMENTS
Collective agreements, concluded in bargaining councils, regulating terms and conditions of employment, will not bind an employer of a new business that employs less than 50 employees, and that employer’s employees. A “new business” is one that has been in operation for less than two years, but excludes: (a) a new employer contemplated in section 197(1), and (b) a business formed by the division or dissolution of any existing business.
2. LIMITATION OF REMEDIES AND COMPENSATION FOR HIGH-PAID EMPLOYEES
High-paid employees (those earning more than R 1.8 million per annum), for the period from May 2024 to April 2025, will only be entitled to reinstatement in cases of automatically unfair dismissal, but in other dismissals, will be restricted to compensation as a remedy.
Compensation that could be paid to high-paid employees, in unfair dismissal and unfair labour practices cases, will be capped to a maximum amount of R 1.8 million, except in cases of automatically unfair dismissals and unfair labour practices involving whistleblowing.
The Minister will issue a notice, which will take effect on the same date as the applicable provisions in the Amendment Act, amending the amount of R 1.8 million, in line with the Consumer Price Index, for the period from 30 April 2025, until the date that the provisions come into effect.
3. QUALIFYING PERIOD FOR FULL PROTECTION AGAINST UNFAIR DISMISSAL
During the first three (3) months of employment, or, if it is a longer period, a period of probation that is specified in a contract of employment and is both reasonable and operationally justifiable, new employees will have limited protection against unfair dismissal, and will only be able to bring claims for unfair dismissal involving an automatically unfair dismissal or discrimination.
4. INQUIRIES BY ARBITRATORS IN DISMISSAL CASES
The required consent of an employee, for inquiries by arbitrators in dismissal cases, may be given in a contract of employment.
5. REVISION OF UNFAIR LABOUR PRACTICE DEFINITION
Disputes relating to promotion, demotion, probation, training and benefits, and a refusal to reinstate or re-employ former employees, will be removed from the definition of an unfair labour practice. Therefore, justiciable unfair labour practices will be limited to disputes about unfair suspensions, unfair disciplinary action short of dismissals, and protected whistleblowing. However, a transitional provision will apply delaying its application to the public service for one year to allow collective agreements dealing with issues such as promotion disputes to be negotiated in the public service bargaining councils.
6. TEST FOR PROCEDURAL FAIRNESS
A fair procedure will be one in which the employee has been given an adequate and reasonable opportunity to respond to the reason for the dismissal. This will not apply to retrenchments and is consistent with the Dismissal Code agreed to by the parties for publication.
B. BASIC CONDITIONS OF EMPLOYMENT ACT (BCEA)
1. TWO WEEK’S SEVERANCE PAY
Severance pay is increased to at least two week’s remuneration for each completed year of continuous service with that employer, provided that the entitlement to severance pay equal to two week’s remuneration only applies to a completed year of service with that employer commenced after the commencement of the Amendment Act.
2. “ON CALL” WORKERS
New provisions, applicable to Employees who earn less than the threshold determined in terms of section 6(3) of the BCEA (currently R 261 748.45) (“the threshold”), and who are required to be available for work, will be introduced.
3. CONSOLIDATION OF PROCEEDINGS
If an employee institutes proceedings in respect of any claim under an employment law, the Labour Court or the arbitrator hearing the matter, may also determine any claim for an amount that is owing to that employee in terms of the BCEA or the National Minimum Wage Act.
C. EMPLOYMENT EQUITY ACT (EEA)
Disputes which remain unresolved after conciliation, may, at the election of the employee, be referred to the CCMA for arbitration, if the employee alleges unfair discrimination on the grounds of harassment, or, in any other case, that employee earns below the threshold.

06/06/2025

06/06/2025

The Oribus Group Company,s Team!!

17/03/2025

BASIC CONDITIONS OF EMPLOYMENT ACT - EARNINGS THRESHOLD INCREASE FOR 2025
The earnings threshold, in terms of Section 6(3) of the Basic Conditions of Employment Act (“BCEA”), has been increased to R 261,748.45 per year (R 21,812.37 per month), with effect from 1 April 2025. The current earnings threshold is R 254,371.67 per year. This represents an increase of 2.9%.
The earnings threshold has the effect that the limitations or protections afforded by certain sections of the BCEA, do not apply to employees earning above the new threshold. These sections are:
- section 9 (hours of work);
- section 10 (overtime);
- section 11 (compressed working week);
- section 12 (averaging of hours);
- section 14 (meal intervals);
- section 15 (daily and weekly rest periods);
- section 16 (pay for work on Sundays)
- section 17 (2) (night work); and
- section 18 (3) (public holidays on which the employee would not ordinarily work).
For purposes of the new threshold “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. Provided that subsistence and transport allowances received, achievement awards and payments for overtime worked, are not regarded as remuneration.
The earnings threshold also has an effect on certain other provisions of the BCEA, the Labour Relations Act (LRA), and Employment Equity Act (EEA) namely; 1) Which employees are regarded as permanent employees in terms of s198B of the LRA, 2) The ability to claim any outstanding amount due to the employee, in terms of the BCEA, the National Minimum Wage Act, a contract of employment, a sectoral determination, or a collective agreement, in the CCMA, 3) Whether unfair discrimination disputes may be referred to the CCMA, as opposed to the Labour Court, in terms of s10(6) of the EEA.

22/01/2025

ACCUMULATION OF ANNUAL LEAVE
In the matter of Hartley v SMD Trading Group CC, (2024) 45 ILJ 2561 (LC), the employee, on resignation, claimed that he was entitled to 73 days’ leave pay. The Labour Court found that the employee had failed to show that he was entitled to more than 15 days’ leave per annum and that he was entitled to unlimited accumulation of leave. The court found that the provisions of the Basic Conditions of Employment Act 75 of 1997, determined the employee’s entitlement to and the accrual of paid annual leave. In terms of s 20(1) read with s 20(2) and s 20(4), the employee’s statutory leave entitlement was 15 days, and it could not accrue beyond the period of six months following the end of a particular leave cycle, after which it was forfeited.
In Ludick v Rural Maintenance (Pty) Ltd (2014) 35 ILJ 1322 (LC), which was followed by the Labour Court in Hartley, the Court stated; ‘In short: Section 20 of the BCEA contemplates that claims for the value of accrued leave are limited to statutory annual leave accrued in the current and immediately preceding leave cycles. An employee does not forfeit that leave or any claim to its value if for whatever reason, the leave is not taken in the six-month period contemplated by s 20(4).’ The judgment in Hartley, which constitutes a narrower interpretation of the annual leave provisions than Ludick, as far as accumulation is concerned, now confirms that any statutory leave not taken within six months after the end of each leave cycle will be forfeited by law.