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 [email protected]

 

Subscribe to our free newsletter

* indicates required
 

By submitting your email address to us, you agree to receive our newsletters and course updates. For more information about how we protect your personal information, click here .

Accredited Training Provider

     

Upcoming Courses

 

August

Chairing Disciplinary Hearings

18 & 19 August 2022 (09:00 - 16:00)

Emperors Palace: Convention Centre

Hazard Identification & Risk Assessment Course

18 August 2022 (08:30 - 16:00)

Interactive Online Course

Shop Steward Training

19 August 2022 (09:00 - 16:00)

Interactive Online Course 

How to win an unfair dismissal case at the CCMA / Bargaining Council

25 August 2022 (09:00 - 16:00)

Interactive Online Course

Managing Poor Performance/ Incapacity

26 August 2022 (09:00 - 13:00)

Interactive Online Course

Compensation for Occupational Injuries and Diseases Course

26 August 2022 (08:30 - 16:00)

Interactive Online Course

 

September

Retrenchments Simplified

02 September 2022 (09:00 - 12:00)

Interactive Online Course

Introduction to Mediation New Course

08 September 2022 (09:00 - 16:00)

Interactive Online Course

Basic Labour Relations

09 September 2022 (09:00 - 16:00)

Cape Town: Protea Hotel Tyger Valley

15 September 2022 (09:00 - 16:00)

Interactive Online Course

The OHS Act and the Responsibilities of Management

15 September 2022 (08:30 - 16:00)

Interactive Online Course

16 September 2022 (08:30 – 16:00)

Emperors Palace: Convention Centre 

Negotiation Skills New Course

22 September 2022 (08:30 - 16:00)

Interactive Online Course

Managing Day-to-Day Challenges in the Workplace

29 September 2022 (09:00 - 15:30)

Interactive Online Course

Employment Equity Committee Training

30 September 2022 (09:00 - 16:00)

Interactive Online Course

 

October

Management and Leadership Skills

05, 06 & 07 October 2022 (08:30 - 16:00)

Interactive Online Course

Employment Equity Committee Training

06 October 2022 (09:00 - 16:00)

Emperors Palace: Convention Centre

POPIA Practical Approach Towards Compliance

07 October 2022 (09:00 - 12:00)

Interactive Online Course

Health and Safety Representative and Committee Training Course

13 October 2022 (08:30 - 16:00)

Interactive Online Course

20 October 2022 (08:30 - 16:00)

Emperors Palace: Convention Centre

 

Our Clients