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What exactly is an overtime ban?

by , 06 November 2014
Recently, our labour experts have been inundated with questions about overtime.

This because employers want to ask some of their staff to work overtime during the holiday season and they want to do things lawfully.

One overtime question our experts received this week comes from an employer who wants to know what an 'overtime ban' is.

Read on to find out the answer.

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Here's what you need to know about an overtime ban

According to the Labour Law for Managers Loose Leaf Service, an overtime ban occurs when a group of employees collectively refuse to work overtime to put pressure on you to agree to a demand to resolve a grievance or to remedy a dispute (Section 213 of the Labour Relations Act).
If your employees go on strike using an overtime ban, the normal rules regarding strikes apply.
As you know, your employees can only legally strike if they've followed the correct procedures and have given you notice. They aren't protected from dismissal if the strike is illegal.

So how can you deal with an overtime ban?

Go to court and get an interdict against the overtime ban.
You can ask the court to order your employees to stop the overtime ban and work overtime as normal (either in terms of an agreement to do so or in terms of normal practice).
Remember the golden rule: Dismissal must be fair. That's why you must get an interdict before you start dismissing employees taking part in an illegal or unprotected strike.
Now that you know what an overtime ban is and how to deal with it, check out Your Essential Guide to Overtime: Everything You Didn't Know About Overtime and More.
In the guide, you'll discover:
  • Four alternatives you can use instead of spending thousands paying employees for overtime;
  • How to make sure your employees say 'yes' to working overtime every time;
  • How to pay the right amount of overtime. And so much more.

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