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Explains that eligible claimants may refer disputes to the CCMA, subject to earning thresholds set under Section 6(3), and outlines required proof such as payslips and employment particulars. Covers qualification of workers, wage threshold examples, prescription periods, key time limits, and procedural steps for lodging an LRA 7.11 referral.",{"@graph":69,"@context":122},[70,84,105],{"@type":71,"itemListElement":72},"BreadcrumbList",[73,77,79,82],{"item":74,"name":75,"@type":76,"position":8},"https://docshare.wps.com","Home","ListItem",{"item":78,"name":9,"@type":76,"position":14},"https://docshare.wps.com/document/",{"item":80,"name":35,"@type":76,"position":81},"https://docshare.wps.com/document/healthcare/",3,{"item":83,"name":65,"@type":76,"position":19},"https://docshare.wps.com/document/bcea-section-73a-claims-info-sheet-2021-01/502739/",{"url":83,"name":65,"@type":85,"image":86,"author":91,"headline":65,"publisher":94,"fileFormat":97,"inLanguage":63,"description":67,"dateModified":98,"datePublished":99,"encodingFormat":97,"isAccessibleForFree":100,"interactionStatistic":101},"DigitalDocument",{"url":87,"@type":88,"width":89,"height":90},"https://docshare.wps.com/thumbnails/bcea-section-73a-claims-info-sheet-2021-01/502739.png","ImageObject",300,407,{"name":92,"@type":93},"dbqoiu","Person",{"url":74,"name":95,"@type":96},"DocShare","Organization","application/pdf","2026-11-11","2026-10-03",true,{"@type":102,"interactionType":103,"userInteractionCount":52},"InteractionCounter",{"@type":104},"ViewAction",{"@type":106,"mainEntity":107},"FAQPage",[108,114,118],{"name":109,"@type":110,"acceptedAnswer":111},"Who can refer a dispute under Section 73A of the BCEA to the CCMA?","Question",{"text":112,"@type":113},"Any employee or worker defined under the National Minimum Wage Act, 2018, may refer disputes to the CCMA regarding failure to pay amounts owing under the relevant legal instruments and employment terms, subject to the earnings threshold exception.","Answer",{"name":115,"@type":110,"acceptedAnswer":116},"What earnings threshold determines eligibility to lodge a Section 73A claim at the CCMA?",{"text":117,"@type":113},"Eligibility depends on whether the employee/worker earns equal to or less than R211 596.30 per annum or R17 633.03 per month. The document notes the current threshold is effective from 1 March 2021.",{"name":119,"@type":110,"acceptedAnswer":120},"What time limits apply when lodging a Section 73A claim and making a referral to the CCMA?",{"text":121,"@type":113},"Claims cannot be made for amounts owing before 1 January 2019. Prescribed claims become unenforceable three years after the amount was due for payment, and the CCMA process requires referral within a reasonable time considering internal dispute efforts.","https://schema.org",{"og:url":83,"og:type":124,"og:title":65,"og:site_name":95,"og:description":67},"article",{"robots":126,"canonical":83},"index,follow",{"doc_id":128,"site_id":62},502739,1791717147,{"code":4,"msg":5,"data":131},{"doc_id":128,"user_id":132,"nickname":92,"user_avatar":133,"doc_module":4,"category_id":34,"category_name":35,"doc_title":65,"doc_description":67,"doc_content":134,"file_id":135,"file_url":136,"file_type":137,"file_size":138,"view_count":52,"is_deleted":4,"is_public":8,"is_downloadable":8,"audit_status":8,"page_count":14,"language":139,"language_code":63,"site_id":62,"html_lang":63,"table_of_contents":140,"faqs":141,"seo_title":142,"seo_description":67,"update_tm":143,"read_time":24,"preview_page_count":4},3985747862462,"https://ap-avatar.wpscdn.com/davatar_3d24733baf745e90a7e4bdd5f77d97b2","INTRODUCTION AND PURPOSE  \nAll employees are entitled to be paid according to rights set out ina contract of employment, the National Minimum Wage Act 9 of 2018, a collective agreement, sectoral determination and rights asset out in the Basic Conditions of Employment Act 75 of 1997 (BCEA) .  \nPayment of salaries, wages, leave pay, bonuses, payment for sick leave taken and overtime are all statutory or contractual monies that are rightfully due to an employee when they have provided their services to the employer.  \nThe law provides protection to an employee where an employer owes that employee money arising out of the employment relationship.  \nLEGAL PROTECTION  \nIn terms of Section 73A of the Basic Conditions of Employment Act (the BCEA) -  \n“(1)…any employee or worker, as defined in Section 1 of the National Minimum Wage Act, 2018, may refer a dispute to the CCMA concerning the failure to pay any amount owing to that employee or worker in terms of this Act, the National Minimum Wage Act, 2018, a contract of employment, a sectoral determination, or a collective agreement.  \n(2) Subsection (1) does not apply to employees or workers earning in excess of the threshold prescribed by the Minister in terms of Section 6(3) .  \n(3) An employee or worker, other than the employee or worker referred to in subsection (1), may institute a claim concerning the failure to pay any amount contemplated in subsection (1) in either  \n\n| the Labour Court, the High Court, or subject to their jurisdiction, the Magistrates’ Court or the small claims court.”\u003Cbr>A “worker”, is defined in the National Minimum Wage Act 9 of 2018 (the NMWA) as “any person who works for another and who receives, or is entitled to receive, any payment for that work whether in money or in kind”. This is a wider definition than that of an employee, and can in certain circumstances include an independent contractor. |\n| --- |\n| \u003Cbr>WHO QUALIFIES TO CLAIM UNDER SECTION 73A OF THE |\n| \u003Cbr>BCEA? |\n| \u003Cbr>If the employee/worker is earning equal to or less than R211 596.30 per annum or R17 633.03 per month, s/he can lodge a claim at the CCMA for money owing. This threshold is set by regulation in terms of Section 6(3) of the BCEA and is amended from time to time. The current threshold is effective from 1 March 2021.\u003Cbr>Applicants need to provide a copy of their latest payslip , written particulars of employment or contract of employment to prove that they earn either the same as or below the BCEA earnings threshold. In cases of money being due in terms of an employment |\n| contract, where an applicant does not receive a payslip and does not have either a contract of employment or written particulars of employment, the commissioner will provide guidance on how to proceed with the matter.\u003Cbr>If employees/workers are paid weekly, the gross weekly amount (i.e. before any deductions) is multiplied by 4.33 to calculate the monthly salary.\u003Cbr>For example, if the applicant earns R3 500 (before deductions) per week the calculation would be R3 500 x 4.33 = R15 155 which is |\n\nbelow the threshold of R17 633.03 and therefore the applicant qualifies to lodge a claim at the CCMA.  \nHowever, if the weekly wage is R4 500, then that applicant would not qualify to claim, using section 73A of the BCEA, at the CCMA (R4 500 x 4.33 = R19 485) as that amount is more than the monthly threshold of R17 633.03.  \nTIME FRAME & PROCEDURE TO LODGE A REFERRAL TO THE CCMA  \nClaims in terms of section 73A cannot be made in respect of amounts that were owing before 01 January 2019 (the effective date of the amendments to the BCEA conferring jurisdiction on the CCMA to process such disputes), since legislation generally does not have retrospective effect.  \nEmployees (and workers in so far as it relates to amounts owing in terms of the national minimum wage) can lodge a claim against their employer whilst they are still employed, or after termination of employment, but the claim must not have prescribed. Claims for ","cbCairnVvbBqgrhW","https://ap.wps.com/l/cbCairnVvbBqgrhW","pdf",226318,"English","# INTRODUCTION AND PURPOSE\n# LEGAL PROTECTION\n## Who qualifies to claim under Section 73A of the BCEA?\n# TIME FRAME & PROCEDURE TO LODGE A REFERRAL TO THE CCMA","[{\"question\":\"Who can refer a dispute under Section 73A of the BCEA to the CCMA?\",\"answer\":\"Any employee or worker defined under the National Minimum Wage Act, 2018, may refer disputes to the CCMA regarding failure to pay amounts owing under the relevant legal instruments and employment terms, subject to the earnings threshold exception.\"},{\"question\":\"What earnings threshold determines eligibility to lodge a Section 73A claim at the CCMA?\",\"answer\":\"Eligibility depends on whether the employee/worker earns equal to or less than R211 596.30 per annum or R17 633.03 per month. The document notes the current threshold is effective from 1 March 2021.\"},{\"question\":\"What time limits apply when lodging a Section 73A claim and making a referral to the CCMA?\",\"answer\":\"Claims cannot be made for amounts owing before 1 January 2019. Prescribed claims become unenforceable three years after the amount was due for payment, and the CCMA process requires referral within a reasonable time considering internal dispute efforts.\"}]","BCEA Section 73A Claims Info Sheet - 2021-01 | PDF",1791041692]