DCS News
Earnings Threshold |
2011/07/18 |
There seems to be still confusion amongst employers and employees on how to interpret what has been written regarding the Earnings Threshold. The threshold earnings figure is R 172 000 per annum or R14 333.33 p/m. For the purpose of defining the word "threshold", it means the following : Earnings is defined in the Government Gazette Notice as ‘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 or payments for overtime shall not be regarded as remuneration for the purpose of this notice.’ The previous definition to be found as a footnote in the BCEA under Chapter Two: Regulation of Working Time s6, referred to ‘intermittent payments for occasional overtime’. The new wording which excludes overtime altogether has brought some certainty to the payroll equation and does away with fluctuations whereby an employee might be under the threshold one month and above it the next. Persons earning under the threshold amount: These persons have the full protection of every section of the Basic Conditions of Employment Act (BCEA). The act entitles such persons to certain things such as:
Persons earning over the threshold amount: Persons earning over the threshold amount do not have a legal right to demand anything in respect of Sections 9, 10, 11, 12, 13, 14, 15, 16, 17 and 18(3) of the Act (the BCEA) The difference should be clear:
Thus, the persons earning over the threshold amount must approach the employer and say to him " we must negotiate and reach agreement on how many normal hours of work you require of me, and how many overtime hours of work you require of me, and we must negotiate and reach agreement on what compensation you will give me for overtime worked." "We must also negotiate and agree on work for public holidays and Sundays, and we must negotiate and agree on requirements and compensation for standby duties and callouts." That is what the person earning over the threshold must do - he cannot demand, therefore he must negotiate. The employer is in a similar position - the employer also cannot demand that employees earning over the threshold must work overtime, standby duties, attend callouts etc, without limitation and without compensation. The reason why the employer cannot make those demands is stipulated in section 48 of the BCEA, which reads as follows : Therefore, for persons earning over the threshold, the employer is in the same situation - he cannot demand but he can negotiate. Thus, all you employees out there who earn more than the threshold - put your problem to your employer in writing, ask for a meeting where the issues can be discussed and negotiated, and agreement can be reached. If the employer does happen to refuse point-blank to compensate in any way for overtime worked, then the employee who earns over the threshold does have the right to refuse to work the overtime. The principal here is very simply: "No pay = No work." Such a refusal of course will open up another can of worms, but that is a different subject altogether. I do hope that this newsletter has clarified the position. Article first published by Labourwise |
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