Threshold Agreement Conditions
The rate of pay of a worker without bonuses and without agreement: therefore, the worker who earns above the threshold must apply to the employer, negotiate and reach an agreement on the number of normal hours and overtime required of the employee. Once this is established, the parties will have to agree on the remuneration for overtime worked. This remuneration may be less than the minimum required by law. Nerida`s role is therefore exempt from attribution and agreement. Their rights derive from their employment contract and the Fair Work Act 2009 (FW Act), including the NES. Overtime may only be worked in agreement between the employer and the worker. The increase in the threshold will therefore have the effect of extending these BCEA working time protection rules to workers who currently earn between R183.008 and R193.805. However, the employer must take into account section 7 of the Act when determining the working time of the worker who earns above the threshold: workers without bonuses and without an agreement do not have fixed meal and rest breaks. Food and rest breaks can be provided for in: If your income is above the threshold or if you are exempt from overtime pay because of your role, you may not be compensated. Companies are not legally required to pay overtime to employees who earn above this threshold. .