Do you have employees that work at night?
Do you need employees to work between 18h00 and 06h00 in the morning? Did you know these employees get special protection under the Basic Conditions of Employment Act (Section 17 of the BCEA)?
You have to follow these three requirements, so you don't fall foul to the law!
You don't have to pay your employees overtime...
Paying your employees for working overtime
can get expensive...
But just because they work overtime
doesn't mean you must pay them. In fact, there are four alternatives you can use to compensate them for working overtime
instead of paying them...
Click here to discover
four alternatives you have that can save you thousands every month on overtime
Your employees can only perform night work if:
The employee agrees. If you think you might need an employee to perform night work, make sure to include this in his employment contract. This'll make it clear to him from the beginning that you might need him to do so. He can't then unreasonably refuse to work at night after you have his agreement. You can take disciplinary action if he does.
You compensate him with an allowance or reduced working hours. The BCEA doesn't say how much you must compensate or by how much you must reduce working hours. Even a small allowance or reduction in working hours is enough. But, if you pay him a shift allowance, then you don't have to pay extra. Just make it clear that the shift allowance includes compensation for any night work your employee performs.
Transport's available between the employee's house and the workplace. You have to make sure transport between his house and your office is available at the beginning and end of his shift. You don't have to provide the transport yourself.
But you can treat employees earning more than the annual threshold differently…
Are you displaying the Basic Conditions of Employment Act in your company?
If no, then you're not sticking to the law... and if you had this displayed, you'd know exactly how and when to compensate employees for night work.
Click here now
to get your hands on your Basic Conditions of Employment Act.
If your employee earns more than the earnings threshold (currently R193 805 per annum), you don't have to:
• Get his agreement to do night work. Although you must agree on work hours in general;
• Compensate him with an allowance; or
• Ensure that transport's available.
For more information, turn to chapter N02: Night Work in your Labour Law for Managers Loose Leaf
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Until next time,
P.S. Discover how
to get rid of all your overtime
headaches without having to fork out thousands of rands every month for overtime