Conditions of Employment

Breaking News




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

Our Clients

 

Basic Labour Relations

28 March 2018

Emperors Palace: Convention Centre

POPI: Protection of Personal Information Act

29 March 2018 (Fully Booked)

Emperors Palace: Convention Centre

13 April 2018

Emperors Palace: Convention Centre

11 May 2018

Protea Hotel By Marriott Tyger Valley: Cape Town

The OHS Act and the Responsibilities of Management

04 April 2018

Southern Sun Hotel: OR Tambo International Airport

06 April 2018: Southern Sun

Elangeni & Maharani, Maharani Towers: Durban

Occupational injuries and diseases in the workplace

05 April 2018: Southern Sun

Elangeni & Maharani, Maharani Towers: Durban

12 April 2018

Southern Sun Hotel : OR Tambo International Airport

Employment Equity Committee Training

06 April 2018 (Fully Booked)

Emperors Palace: Convention Centre

18 April 2018

Southern Sun: Elangeni & Maharani, Elangeni Towers: Durban

11 May 2018

Emperors Palace: Convention Centre

18 May 2018

Protea Hotel By Marriott Tyger Valley: Cape Town

Skills Development Legislation and Review

11 April 2018

Southern Sun Hotel: OR Tambo International Airport

13 April 2018

Protea Hotel By Marriott Tyger Valley: Cape Town

19 April 2018

Southern Sun: Elangeni & Maharani, Maharani Towers: Durban

Managing Day to Day Issues/ Problem Employees Full day workshop

19 April 2018

Emperors Palace: Convention Centre

10 May 2018

Protea Hotel By Marriott Tyger Valley: Cape Town