Hours of Work and Overtime
Nicolene Erasmus and Jan du Toit
Working time including overtime is regulated by the Basic Conditions of Employment Act in Chapter two. Chapter two of the Act is however not applicable to the following employees:
- senior managerial employees;
- employees engaged as sales staff who travel to the premises of customers and who regulate their own hours of work;
- employees who work less than 24 hours a month for an employer.
Every employer South Africa must regulate the working time of each employee;
- in accordance with the provisions of any Act governing occupational health and safety;
- with due regard to the health and safety of employees;
- with due regard to the Code of Good Practice on the Regulation of Working Time issued under section 87(1)(a) of the Act; and
- with due regard to the family responsibilities of employees.
As per section 9 of the basic conditions of employment Act, the maximum normal working time for an employee below the threshold* is 45 hours per week. This would mean a maximum of nine hours in any day if the employee works for five days or fewer in a week and eight hours in any day if the employee works on more than five days in a week.
*Please see the detailed explanation at the bottom of this document.
This does not mean that the employee must work 45 hours per week normal time. The amount of normal time worked is a matter of contractual agreement between employer and employee. Some employees for instance only work a 40 hour week. The statutory limitation of 45 hours per week means that the employee may not work more than 45 hours per week normal time. Employees who earn above the determined threshold amount must negotiate the normal amount of working hours per day or per week with the employer. The employee may therefore be expected to work more than 45 hours per week.
It must be taken into consideration that meal and tea breaks are not included in the calculation of working hours and will therefore be unpaid. As meal breaks are unpaid the employee can for instance read a book or go and do some shopping. An employee must be remunerated for a meal breaks that the employee was required to work or to be available for work. Further to this the employee must be paid for any portion of a meal interval that is in excess of 75 minutes, unless the employee lives on the premises at which the workplace is situated.
Therefore an employee who works a 5 day week and who receives a meal break of one hour per day will actually be at the workplace for 50 hours weekly (45 hours normal working time plus 5 hours daily meal breaks). The meal break is to be provided after five hours continuous working time. Tea breaks do not qualify as a break in working time. The statutory meal break is 1 hour, but by agreement between the employee and employer this may be reduced to 30 minutes.
The maximum permissible overtime as per section 10 of the Basic Conditions of Employment Act is 10 hours in any 1 week. As per the definitions of the Act a week means the period of seven days within which the working week of that employee ordinarily falls and a day a period of 24 hours measured from the time when the employee normally commences work. Employees earning below the threshold must be paid 1.5 times the normal wage rate for overtime worked except for Sundays. Overtime on a Sunday must be remunerated a double the normal wage rate.
In Maneche& others v CCMA & others [2008] 1 BLLR 52 (LC) the employees left work one day on the ground that they had already worked the maximum amount of hours overtime permitted by the Basic Conditions of Employment Act 75 of 1997. They were charged with insubordination, and dismissed. The dispute was referred for arbitration by the CCMA. The respondent commissioner reasoned that the employees had, for many years, worked overtime in excess of the permitted three hours per day when the respondent’s peculiar operational requirements called for packing of freshly picked mushrooms and that, on the day in question, the packing would have taken only about 15 to 30 minutes’ more overtime work to complete. The commissioner upheld the applicant’s dismissals.
On review the Labour Court found that the Act takes precedence over any agreement or practice, and that applicants should not have been prejudiced for refusing to return to work after the daily limit on overtime work had been reached. For that reason, the award is reviewable and should be set aside.
The Labour Court ordered that the dismissal of the employees was substantively unfair and they were to be reinstated, without loss of benefit, from the date of their dismissal.
By agreement the employer may allow an employee paid time off for overtime worked instead of paying the employee. The employee will then be entitled to 90 minutes paid time off for every 60 minutes overtime worked. The referred paid time off must be granted to the employee within one month after working the overtime, but by agreement this period may be extended to 12 months.
Employers must also take into consideration that an agreement by the employee to work overtime that was reached during the first three months of employment, lapses after one year. The onus will therefore be on the employer to reconfirm the commitment of the employee to work overtime after a period of 12 months.
Employees who earn in excess of the present threshold amount are not subject to the provisions of section 10 (overtime) of The Basic Conditions of Employment Act. This means that such employees cannot demand to be paid for overtime worked, nor can they demand to be granted paid time off. However contrary to popular belief, the employer also cannot force such employees to work overtime and cannot demand that they work overtime without compensation, unless the employee agreed to this.
All forced labour is prohibited in terms of section 48 of the Basic Conditions of Employment Act and should the employer require such employees to work overtime, then the hours to be worked and the basis of compensation will have to be negotiated between the two parties.
What is “overtime worked”? As per the Basic Conditions of Employment Act all hours worked in excess of the employee’s normal daily or weekly hours of work will be regarded as overtime hours. Therefore if an employee is contracted to work 45 hours per week normal time, then any hours in excess of that is overtime. Similarly if an employee is contracted to work 40 hours per week normal time, then any hours in excess of the 40 hours is overtime.
Overtime is not compulsory and employees can refuse to work overtime on short notice, unless the employee contractually agreed to be available to work overtime on short notice. In circ*mstances we overtime work on short notice is required by the employer, fairness towards the employee must be taken into consideration. Despite the aforementioned an employee cannot refuse to work overtime if the work which is required to be done must be done without delay owing to circ*mstances for which the employer could not reasonably have been expected to make provision for, such as for instance the sudden breakdown of equipment.
An employee that works on a Sunday must be remunerated at double his normal wage rate for each hour worked, unless he ordinarily works on a Sunday, in which case he must be remunerated at 1, 5 times his normal wage rate for each our worked.
Work on a public holiday is by agreement only and an employee must be paid double his normal daily rate for work on a public holiday if the employee would’ve ordinarily worked on that public holiday. Should an employee be expected to work on a public holiday on which he / she would not normally work on, then the employee must be paid at least his normal daily wage plus the normal wage rate for the hours worked.
The Earnings Threshold Explained
Section 6 of the Basic Conditions of Employment Act makes provision for the Minister of Labour to publish a determination on the advice of the Commission that will exclude employees earning above a certain amount per year from sections of chapter 2 of the Act. Chapter 2 primarily deals with the regulation of working hours of employees. The current threshold is R205 433.30 per year.
Employees earning under the threshold amount:
These employees have the full protection of every section of the Basic Conditions of Employment Act (BCEA).
The Act entitles such persons to certain things such as:
- Overtime may only be worked by agreement between employer and employee.
- The employee has the legal right and entitlement to demand payment for overtime worked at the rate of 1,5 times his normal wage rate, or at whatever rate is applicable (not less favourable than the minimum set in the Act).
- The employee can also enter into an agreement with the employer whereby he can be given time off work instead of payment for overtime worked.
- Generally, the employee can legally refuse to work more than 45 hours per week normal time and he can legally refuse to work more than 10 hours per week overtime and he can legally refuse to work more than 12 hours in any one day, consisting of nine hours normal time and three hours overtime. There are some circ*mstances where the employee may not be able to refuse, such as in emergency overtime.
There are some other conditions as well, but we are not going to go into all of them here.
From the above you will note that persons earning under the threshold have a legal right to demand.
Employees earning over the threshold amount
Persons earning over the threshold amount do not have a legal right to demand anything in respect of Sections 9, 10, 11, 12, 14, 15, 16, 17(2), and 18(3) of the Act with effect from 1 July 2014.
(a) Employees earning under the threshold have a legal right to demand in respect of the above-mentioned sections.
(b) Employees earning over the threshold do not have a legal right to demand in respect of the above-mentioned sections.
The employee earning over the threshold amount, do however have a right to negotiate.
Thus, the employee earning over the threshold amount must approach the employer, negotiate and reach agreement on how many normal hours and overtime work will be required from the employee. Once this has been established the parties must agree on remuneration for the overtime worked. Such remuneration may be less than the minimum prescribed by the Act.
The same must be agreed upon for work on public holidays as per section 18(3) and work on Sundays. The employee earning over the threshold cannot demand and must therefore negotiate.
The employer is in a similar position; the employer also cannot demand that employees earning over the threshold must work overtime, standby duties, attend callouts etc, without limitation and without compensation.
The reason why the employer cannot make those demands is stipulated in section 48 of the BCEA, which reads as follows:
1. Subject to the Constitution, all forced labour is prohibited.
2. No person may, before his or her own benefit or for the benefit of someone else, cause, demand, or impose forced labour in contravention of subsection (1).
Therefore, for employees earning over the threshold, the employer is in the same situation in that he cannot demand but must instead also negotiate.
It is extremely important to remember that the employer may not, upon learning of the threshold earnings notice, make unilateral changes to the employment conditions of employees earning in excess of R224 080.48 per annum. The conditions agreed upon in the initial employment agreement are legally binding and must be honoured unless it is mutually agreed to changes these conditions.
FAQs
Generally, the employee can legally refuse to work more than 45 hours per week normal time and he can legally refuse to work more than 10 hours per week overtime and he can legally refuse to work more than 12 hours in any one day, consisting of nine hours normal time and three hours overtime.
What are the overtime rules in South Africa? ›
Overtime must be paid at one-and-a-half (1.5) times of your normal hourly pay rate. You and your employer may also agree to paid time off instead of extra pay or a combination of time off and paid overtime.
How do you calculate overtime hours in South Africa? ›
The legal remuneration rate for overtime must is 1,5 times the normal wage rate, so take the standard hourly wage and times it by 150%, this will give your the hourly overtime wage. For example, if X receives R10,000 / month and works 220 hours, their hourly wage is R55. 55, and their overtime will be R83. 33.
What are the legal working hours in South Africa? ›
According to the Basic Conditions of Employment Act (BCEA), the maximum normal working time allowed is 45 hours weekly. This is nine hours per day (excluding a lunch break) if the employee works a five-day week, and eight hours per day (excluding a lunch break) if the employee works more than 5 days per week.
What is the maximum working hours per week in SA? ›
According to the department, the Basic Conditions of Employment Act (BCEA) provides that the maximum normal working hours allowed are 45 hours weekly (excluding overtime). The BCEA forms a set of basic employment rights that apply to all workers in South Africa who earn below a certain threshold.
What is the maximum overtime hours per month South Africa? ›
Maximum permissible overtime is 3 hours on anyone day or 10 hours in any 1 week. Remuneration must be at 1, 5 times the normal wage rate except for Sunday work and work on public holidays, which must be remunerated at twice the normal wage rate.
Is overtime calculated daily or weekly in South Africa? ›
Overtime in South Africa is implemented under the following conditions: Employees may work a maximum of 3 hours overtime per day - or 10 hours in any one week. Overtime remuneration is paid at 1.5x normal rate, and 2x normal rate for Sundays and public holidays.
How do I calculate my hourly rate in South Africa? ›
Get the hours per months = Hours in Year ÷ 12 (months) Get Hourly Pay = Monthly Salary ÷ Hours Per Month. Get Daily Pay = Hourly Pay x Hours Per Day.
...
Hourly rate and daily rate for workers paid on a monthly basis is important when calculating:
- Overtime.
- Payment in lieu of leave.
- Severance Pay.
- Absenteeism.
Labour Relations Act (LRA)
It gives rights to both parties and dictates how the employer and employer are to conduct themselves in the employment relationship, for example employees are entitled to associate freely with Trade Unions.
How is Sunday overtime calculated in South Africa? ›
(1) An employer must pay an employee who works on a Sunday at double the employee's wage for each hour worked, unless the employee ordinarily works on a Sunday, in which case the employer must pay the employee at one and one-half times the employee's wage for each hour worked.
To calculate the average working hours of 195 per month we take 52 weeks (total weeks in a year) and multiply it by 45 hours per week. This gives you a total of 2340 hours per year. The total figure is then divided by 12 months to get to 195 hours per month.
What is the longest shift you can legally work? ›
Presently, no OSHA standard to regulate extended and unusual shifts in the workplace exists. A work period of eight consecutive hours over five days with at least eight hours of rest in between shifts defines a standard shift. Any shift that goes beyond this standard is considered to be extended or unusual.
What time is lunch time in South Africa? ›
Dining Etiquette in South Africa
Breakfast is typically served from 6:00 a.m. to 9:00 a.m.; lunch is eaten around 1:00 p.m., and dinner is around 7:00 p.m. or 8:00 p.m. Many South Africans still take the time to enjoy afternoon tea.
Can someone work 80 hours a week? ›
Working for 80+ hours could be considered an extreme sport, and, as such, you shouldn't do it every day. If you still have to do it from time to time, sticking to a strict routine and blocking your time will help you succeed. Friendly advice: Don't make working 80+ hours per week into a routine.
Can I work 70 hours a week? ›
Working 70-hour weeks can be challenging, but it's also a way for some people to achieve their financial and career goals. By learning strategies to coordinate your work and manage your priorities, you can make this schedule more sustainable and continue pursuing an ambitious career path.
Is it illegal to work 2 jobs at the same time in South Africa? ›
South African law does not expressly forbid workers to earn a second income, but there are certain instances where it could be forbidden. According to the legal firm Cliffe Dekker Hofmeyr, the general principle is that an employee may not be restricted unreasonably from augmenting his or her income.
What are the rights of workers in South Africa? ›
General employee rights
not to be unfairly dismissed or discriminated against. to be provided with appropriate resources and equipment. to have safe working conditions. to receive the agreed remuneration on the agreed date and time.
How does the 8 week rule work? ›
The Basic Conditions of Employment Act allows an employee to be “absent from work for more than two consecutive days or on more than two occasions during an eight-week period” without a medical certificate.
How many leave days per year in South Africa? ›
Annual l eave entitlement
The entitlement is 21 consecutive days annual leave on full remuneration, in respect of each annual leave cycle, and if an employee works a five-day week then this is equal to 15 working days, or if the employee works a six-day week then it is equal to 18 working days.
What are the new working hours in South Africa? ›
Currently, the South African Labour Guide stipulates that a 5-day work week in South Africa sees employees working 9 hours a day – excluding a lunch break – which adds up to 45 hours a week.
All overtime counts towards your total income amount, so there's no magic number to aim for if you want to avoid being hit with overtime tax. Your taxes are worked out based on your full pay, so you need to add together your ordinary income with any overtime income in order to reach your own calculation.
Is a 40 hour work week or overtime? ›
The federal overtime provisions are contained in the Fair Labor Standards Act (FLSA). Unless exempt, employees covered by the Act must receive overtime pay for hours worked over 40 in a workweek at a rate not less than time and one-half their regular rates of pay.
What is the hourly rate in South Africa? ›
The minimum wage has been revised in South Africa with effect from 01 March 2023. The national minimum wage is increased from ZAR23. 19 to ZAR25. 42 per hour.
How is weekly salary calculated in South Africa? ›
Employers in South Africa who fail to pay the Minimum Wage may be subject to punishment by the government of South Africa. Wages per month are calculated as 4.33 times if a weekly wage is defined. It is calculated as 4.33 times the standard hours per week if an hourly wage is given.
How to calculate daily salary from monthly salary South Africa? ›
Calculating your per-day salary is extremely easy, if you use this formula:
- Salary per day = Annual (or monthly) salary ÷ Total base days in a year (or month) ...
- Salary per day: ...
- Monthly salary = Salary per day x Total paid days. ...
- Monthly salary:
Under section 10(2) of the Basic Conditions of Employment Act (BCEA) it is mandatory to make overtime payment to an employee who earns less than the threshold of R224 080.48 per annum and who works overtime.
Can an employee refuse to work overtime in South Africa? ›
In the absence of an agreement to work overtime, such an instruction may be unlawful as it goes against the contents stipulated in Section 10 of the Basic Conditions of Employment Act (BCEA).
What is the minimum wage in South Africa? ›
The Department of Employment and Labour has also published the new National Minimum Wage for South Africa. The minimum wage of R23,19 per hour will increase to R25,42 per hour (an increase of approximately 9,6%), with effect 1 March 2023. The new minimum also outlines the minimum wage for workers in certain sectors.
How is Saturday overtime calculated in South Africa? ›
How is overtime calculated in South Africa? Pay 1.5 times the normal rate. However, legally, employees are only allowed to work a maximum of 3 hours overtime per day, or a maximum of 10 hours a week. In addition, overtime remuneration is twice the normal rate for Sundays and public holidays.
How do you calculate OT hours? ›
According to the FLSA, the formula for calculating overtime pay is the nonexempt employee's regular rate of pay x 1.5 x overtime hours worked.
Working days (or business days) commonly refer to the days that most South Africans are at work, namely Monday to Friday. Working days excludes government-recognised public holidays such as New Years Day, Human Rights Day, Good Friday, etc.
How to calculate overtime for monthly salary employees South Africa? ›
To calculate overtime pay, you need to take the employee's hourly wage and times it by 150%, giving you the hourly overtime wage. For example, if an employee receives R10000 a month and works 220 hours, their hourly wage is R55. 55; in this way, their overtime rate will be R83. 33.
How do you calculate 1.5 overtime in South Africa? ›
To find total overtime wages, simply multiply the amount of overtime hours worked by the calculated rate of overtime. $10 hourly wage becomes $15 ($10 x 1.5), with time and a half pay. An 8-hour day yields $120 (8 hours x $15).
How many hours do you work in a month 40 hours a week? ›
A quick and easy method of calculating monthly hours is to multiply 40 hours per week by 4 weeks, yielding 160 hours for the month.
Does OSHA have a 16 hour rule? ›
The Occupational Safety and Health Administration (OSHA) says that a normal work shift is no more than 8 consecutive hours in a day, with each shift split by at least 8 hours of rest.
How many hours does OSHA allow you to work in a day? ›
However, state agencies may require breaks or meal periods, or may require overtime after eight hours per day (including Alaska, California, and Nevada). Minors under 18 years of age may have restrictions on hours worked, and certain occupations have limited hours, such as airline pilots or interstate truck drivers.
Are 12 hour shifts possible? ›
It may seem like everyone works eight-hour days Monday through Friday. However, that is far from true. Many industries in the United States focus on shift work in which employees rotate on 12-hour shifts, 24 hours a day, often seven days a week.
How many meals a day in South Africa? ›
One of the biggest surprises, for me, was the finding that the “average South African eats two meals per day”.
What time is supper in South Africa? ›
No matter where you are in South Africa, you probably tend to follow a three-meal-a-day pattern, with dinner being served between 8 p.m. and 10 p.m.
What is 3pm eat in South Africa? ›
Depending on the type of job that you do and the industry that you are in, working 16 hours a day could be normal. You might work on shift work and put in 80 hours per week, for example. Or you might be gearing up for a big launch that requires long days. Whatever the reason, working 16 hours a day is achievable.
How many hours does Elon Musk work? ›
Musk claims he regularly works 80 to 100-hour workweeks, with most of his skillset being focused on design and engineering work.
Is working 55 hours a week healthy? ›
A study from the World Health Organization (WHO) found that working an average of 55 hours or more each week increases your risk of stroke by 35 percent and your risk of dying from heart disease by 17 percent, compared to averaging a 35-40 hour workweek.
Can someone work 76 hours a week? ›
Working 72–76 hours per week is not rare, but working that amount of time and feeling balanced is quite rare. In this article, I want to share with you the six principles I do every day to feel balanced. This article is not to tell you to work more.
What is the 8 day rule? ›
The DOT 70-hour 8-day rule prohibits commercial drivers from being on the road for more than 70 hours over 8 consecutive days. Fleet managers with drivers that do not operate every day of the week will not need to consider the 70-hour 8-day rule, as a separate 60-hour 7-day rule is in place for those drivers.
What if you work 60 hours a week? ›
Pros of a 60-hour workweek
Working 60 hours per week can give your budget a boost, helping you pay off expenses like loan payments, bills or credit cards. You can also stash your extra cash into a pension plan or savings account.
Is moonlighting illegal in South Africa? ›
The South African Constitution allows everyone the right to work, so employers cannot prohibit employees from working. Employers are not expected to accept the negative consequences that an employee's practice of moonlighting brings them.
Can you be fired for looking for another job South Africa? ›
Employment at Will – Firing of an employee for a job interview with another company. Employment at will means you can be terminated for any reason without any notice. This would include a situation in which your employer believes you are interviewing with other companies or exploring the job market in any way.
Is moonlighting illegal in the US? ›
Unless employees have signed a non-compete agreement or exclusivity contract, there's technically nothing illegal about the practice. But moonlighting rubs some business leaders the wrong way, especially if employees burning the candle at both ends results in poor performance.
Can a manager refuse to work overtime South Africa? ›
In the absence of an agreement to work overtime, such an instruction may be unlawful as it goes against the contents stipulated in Section 10 of the Basic Conditions of Employment Act (BCEA).
The Department of Employment and Labour has also published the new National Minimum Wage for South Africa. The minimum wage of R23,19 per hour will increase to R25,42 per hour (an increase of approximately 9,6%), with effect 1 March 2023. The new minimum also outlines the minimum wage for workers in certain sectors.
Is mandatory overtime legal in South Africa? ›
Overtime is not compulsory and employees can refuse to work overtime on short notice, unless the employee contractually agreed to be available to work overtime on short notice. In circ*mstances we overtime work on short notice is required by the employer, fairness towards the employee must be taken into consideration.
Can a manager fire an employee who refuses to work an overtime shift? ›
"Yes," your employer can require you to work overtime and can fire you if you refuse, according to the Fair Labor Standards Act or FLSA (29 U.S.C. § 201 and following), the federal overtime law.
Can you tell your boss no to overtime? ›
Yes, your boss can tell you that you need to work overtime. They can also legally fire you for saying "no." But any mandatory overtime request needs to fall under the rules and regulations for your state and under federal law.
What is a good hourly rate in South Africa? ›
The minimum wage has been revised in South Africa with effect from 01 March 2023. The national minimum wage is increased from ZAR23. 19 to ZAR25. 42 per hour.
What is considered a good salary in South Africa? ›
The range of salaries paid in South Africa is often between 7880 ZAR and 139,000 ZAR. There may be a few variations, especially with the highest salary range, because actual salaries may exceed this amount. For the median salary, a figure of 29990 ZAR is arrived at.
What is the average salary in South Africa? ›
According to the data, the average salary in South Africa is now R26,032 a month, up 4.5% from the previous quarter, where it was R24,813, and up 9.2% from the fourth quarter of 2021 at R23,828.
Is it legal to work 6 days a week in South Africa? ›
Section 9 of the BCEA stipulates that an employee may not be required or allowed to work more than: 45 hours per week. nine hours in a day (excluding lunch break) in a working week of five days or less. eight hours in a day (excluding lunch break) in a working week or more than five days a week.
How long is lunch break at work in South Africa? ›
This section makes provision for the employee to have a meal break. It states that after five hours continuous work, the employee must be given a meal interval of at least one continuous hour, which may be reduced to 30 minutes by agreement between employer and employee.
Is Sunday double pay in South Africa? ›
(1) An employer must pay an employee who works on a Sunday at double the employee's wage for each hour worked, unless the employee ordinarily works on a Sunday, in which case the employer must pay the employee at one and one-half times the employee's wage for each hour worked.
General employee rights
to have safe working conditions. to receive the agreed remuneration on the agreed date and time. to receive fair labour practices. to be treated with dignity and respect.
Can an employer reduce your salary in South Africa? ›
Unless you work under a collective agreement or employment contract, your employer generally has the right to reduce your hours and wages. However, there are situations where working time and wage cuts are illegal.
