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2 options you can use to LEGALLY make employees work longer shifts without paying overtime

by , 15 February 2016
If you want your employee to work longer shifts WITHOUT paying overtime, it's worth noting that you have 2 LEGAL options to choose from...

So take note of them now and avoid ending up on the wrong side of the law...

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Option 1: Compressed working week:

You can agree with your employees, in writing, that they'll work for up to 12 hours a day (section 11 of the BCEA).

But you can ONLY do this if they don't work more than:

·         45 hours per week;
·         10 hours overtime per week; and
·         Five days in that week.

NOTE: the 12 hours INCLUDES a meal break of at least 60 minutes (or 30 minutes by a written agreement).

Example:

Sally agrees to work 12 hours on Monday, Tuesday and Wednesday (3 days) and 9 hours on Thursday.

That all totals up to 45 hours for the week.

Now, adding to these ordinary hours, and if Sally's contract makes room for it, or if she agrees to it, she can work 10 hours on Friday, which would amount to overtime.

In total, she would have worked a 55-hour week, with 45 of them being normal working hours and 10 of them comprising overtime.

NOTE: You can use any combination of days and hours within a week, as long as the total number of hours DOESN'T exceed what's legally permitted (as stated above).

Remember that when arranging working hours, you should take into consideration the health of the employee, intervals, meals, public holidays etc.

Option#2:

To learn what the second option is for if you want to legally make an employee work longer shifts without paying overtime, turn to chapter W03: Working hours in your Practical Guide to Human Resources Management, or click here to order your copy if you don't already have it.  

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