After reading the case study, can you clearly answer whether the employee should receive pay for overtime?
Miriam is the best employee your firm has seen. She goes over and above what is expected her. Many nights she is the last person to leave the office. One week, she even worked 15.5 hours overtime
. Most of the time, she receives pay for the time she puts in.
But two months ago, you promoted her to senior manager. She now earns R192 780 per annum, a whopping 23% more than her previous post. Her responsibility has also increased. Her workload is even more intense now. Her assistant manager recently resigned and the company still needs to fill the post. On some days, she fills both roles.
It's three days after payday and she is in the HR office, outraged.
Again, this month she didn't receive pay for the overtime
hours she worked. This is despite capturing it on the company's employee payroll site. After all that she's done for your company, she's sure she deserves it. Miriam is fuming and threatening to take you to the CCMA.
What will the implications be if you fail to pay her for her overtime
******** Here's something else on overtime
to look at **********
Just because your employees work overtime doesn't mean you have to pay them for it...
Yes you read right, you really don't have to pay your employees overtime
In fact, today you can discover how to get rid of all your overtime
headaches without having to fork out thousands of rands every month for overtime
To answer this, let's look at the conditions regarding overtime pay
The Basic Conditions of Employment Act expects you to pay employees:
- For a maximum of 3 hours per day, 10 hrs a week
- At 1.5 times the normal hourly wage
But not all employees qualify for overtime
pay. Exempt employees:
- Sales staff who travel to clients and regulate their own hours of work
- Employees who earn more than minimum earnings threshold, currently set at R193 805 per annum
- Employees in senior management positions
So should you pay Miriam for overtime?
In terms of the minimum earning threshold, Miriam would qualify to receive pay for overtime
because she earns less than the stipulated amount. However, this is not the only condition you must take into account. Although Miriam has put in several hours outside of her normal working hours, she is not eligible for overtime
pay because, as a senior manager, she falls into the category of exempt employees. Generally, for employees in this category, their salary includes a certain amount for overtime
There is a small but...
You can choose to pay her for overtime
even though she is a senior manager. But, this is at your discretion and you must set it out when you enter into a contract of employment with her.