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
The two legal options you can use to get your employees to work overtime without paying them
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 BCEA).
You can only do this if they don't work more than:
• 45 Hours a week;
• Five days in that week.
The 12 hours of work includes a meal break of at least 60 minutes (or 30 minutes by agreement in writing).
Mary agrees to work for 12 hours on Monday, Tuesday and Wednesday (three days) and nine hours on Thursday. She would now have worked 45 ordinary hours that week (12 x 3 days = 36 + 9 = 45 hours). In addition to these ordinary hours, and if Mary's contract of employment provides for overtime
or, if Mary agrees, she can work 10 hours on Friday. Now she would work 10 hours overtime
. Altogether, Mary will have worked for five days and for 55 hours (45 ordinary hours and 10 hours overtime).
You can use any combination of the number of days and the hours (ordinary and/or overtime) in those days, as long as the total number of hours in the week doesn't exceed:
• 45 Ordinary working hours; and
• 10 Overtime hours; and
• Your employee doesn't work more than five days per week.
Option 2: Averaging work hours
You can average your employees' ordinary hours of work and any overtime
for up to four months in a collective agreement (Section 12 BCEA).
Even if you agree average working hours in a collective agreement, the 45 ordinary hours and 10 hours overtime
restriction; and the requirements for daily and weekly rest periods, still apply.
You and your employee agree he'll work a 12-hour shift, six days a week for 10 weeks in a row. After the 10 weeks, the employee could take six weeks paid time off. So, the employee will work an average of 45 ordinary hours per week over a 16-week period. But you must still give him the daily and weekly rest periods required by Section 15 of the BCEA
There you have it, use these two legal options to get your employees to work longer shift / overtime
without paying them for it. To read more on overtime
, turn to chapter O03: Overtime in your Practical Guide to Human Resources Management handbook. Don't have a copy yet? Click here…