What is the BCEA earnings threshold?
The BCEA earnings threshold is the annual pay level, set by the Minister of Employment and Labour under section 6(3) of the Basic Conditions of Employment Act, above which employees lose some of the Act’s working-time protections. From 1 May 2026 it is R269,600.90 a year, about R22,466.74 a month.
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Employees earning more than the threshold are excluded from sections 9, 10, 11, 12, 14, 15, 16, 17(2) and 18(3) of the BCEA. These cover ordinary hours of work, overtime, compressed and averaged working weeks, meal intervals, daily and weekly rest periods, pay for Sunday work, night work and pay for work on public holidays. The rest of the Act, such as annual leave, sick leave, notice and severance pay, still applies.
The threshold also decides who is protected by sections 198A to 198D of the Labour Relations Act, which cover temporary employment services and fixed-term and part-time work.
What counts as earnings
Earnings means regular annual remuneration before deductions such as income tax, pension and medical contributions, but without the employer’s own contributions. Subsistence and transport allowances, achievement awards and overtime payments are left out.
How the threshold changes
The Minister updates the threshold by notice in the Government Gazette. The previous figure was R261,748.45 a year. The 2026 notice was published on 17 April 2026 and took effect on 1 May 2026. Pay rises can move an employee across the line, so employers should recheck it every year.
The threshold when you hire through an EOR
With TopSource as your Employer of Record in South Africa, we check each role against the threshold before the start. It decides which working-time rules apply and whether the three-month rule for temporary employment services covers the assignment.
Frequently asked questions
What is the BCEA earnings threshold for 2026?
R269,600.90 a year from 1 May 2026, under Government Notice 7384 of 17 April 2026.
Do employees above the threshold get overtime pay?
The BCEA’s overtime rules in section 10 do not apply to them, so overtime depends on the employment contract or a collective agreement.
Does the threshold affect the Labour Relations Act?
Yes. Sections 198A to 198D, which protect employees of temporary employment services and those on fixed-term or part-time contracts, apply only to employees earning at or below it.
Related terms in South Africa
- Temporary Employment Services (South Africa)
- Section 198B Fixed-Term Rule (South Africa)
- Retrenchment (South Africa)
- Restraint of Trade (South Africa)
- Family Responsibility Leave (South Africa)
- Sick Leave Cycle (South Africa)
- Employment Equity Act Reporting (South Africa)
- B-BBEE Scorecard (South Africa)
- Critical Skills Work Visa (South Africa)
- POPIA and Employee Data (South Africa)
- EMP201 Monthly Return (South Africa)