Conditions of Employment


It seems there are large numbers of employers who do not understand the situation with regard to the earnings threshold of R149 763 -00 declared by the Minister of Labour on 14th March 2003, in relation to normal working hour and overtime.


The Ministerial Determination states that employees earning in excess of R115572-00 per annum are excluded from the provisions of sections 9 to 17, and 18(3) of the BCEA. This includes the sections dealing with ordinary hours of work and overtime – and employers interpret this exclusion to mean that such employees can be forced to work whatever normal hours and whatever overtime hours the employer demands, without any compensation.

 

This is a complete misapprehension, which will surely land the employer in hot water. No employee can be forced to work overtime – not even employees earning below the threshold amount. This is simply because, in terms of section 48 of the BCEA, forced labour is prohibited. The position is that a employee who earns less R149 763-00 per year has a legal entitlement to not work more than 12 hours in any one day, made up of nine hours normal time and three hours overtime.


An employee who earns more than R149 763 -00 per year must negotiate his normal working hours or maximum daily working hours with his employer. For all employees, irrespective of earnings or job title, overtime may only be worked by agreement between employer and employee. For employees earning less than R149 763 -00 per year, there is a legal entitlement to be paid for overtime or to be granted paid time off in lieu of cash payment. The time off must be at the same ratio as the cash payment. i.e. 1,5 times or double time as the case may be.

 

For employees earning more than R149 763-00 per year, there is no legal entitlement to be paid for overtime or to be compensated with time off. However, the employer also cannot force such employees to work overtime without payment or without compensation. 


This therefore means that any overtime required to be worked by such employees can firstly only be worked if the employer and the employee agree that the overtime will be worked, and secondly the matter of compensation must be negotiated and agreed to between employer and employee.


Should the employer refuse to compensate the employee, and as often happens, demand that the employee work overtime without payment or without compensation because the employee holds the position of a senior manager or earns in excess of R115572-00 per year, then the employee as the right to refuse to work the overtime.


For further information or enquiries, please contact 

Courses and Workshops

 

                                         

 
 

Managing Day to Day Issues/ Problem Employees Full day workshop

27 September 2019

Tsogo Sun: Century City: Cape Town

Employment Equity Committee Training

27 September 2019 (Fully Booked)

Emperors Palace: Convention Centre

04 October 2019

Southern Sun: Maharani: Durban

01 November 2019

Emperors Palace: Convention Centre

07 November 2019

Tsogo Sun: Century City: Cape Town

The OHS Act and the Responsibilities of Management

22 November 2019

Emperors Palace: Convention Centre

29 November 2019

Tsogo Sun: Century City: Stay Easy: Cape Town

AARTO and the Impact on Your Business

02 October 2019

Protea Hotel By Marriott Tyger Valley: Cape Town

03 October 2019 (Fully Booked)

Emperors Palace Convention Centre

04 October 2019 (Fully Booked)

Emperors Palace Convention Centre

11 October 2019 (Fully Booked)

Emperors Palace Convention Centre

18 October 2019

Southern Sun: Elangeni: Durban

31 October 2019

Emperors Palace: Convention Centre

Hazard Identification & Risk Assessment Course

18 October 2019

Emperors Palace: Convention Centre

27 November 2019

Tsogo Sun: Century City: Stay Easy: Cape Town

Problem-solving and Decision-making Skills

24 & 25 October 2019

Emperors Palace: Convention Centre

Workshop Incident/Accident Investigation Course

25 October 2019

Emperors Palace: Convention Centre

28 November 2019

Tsogo Sun: Century City: Stay Easy: Cape Town

Managerial and Leadership Skills

06, 07 & 08 November 2019

Emperors Palace: Convention Centre

2019: Case Law Updates

15 November 2019

Emperors Palace: Convention Centre  

  

 Our Clients 

 

Android App On Google Play

Android App On Google Play