Fact: You can't compel an employee to work overtime unless you have an agreement in place. This is according to the Basic Conditions of Employment Act (BCEA).
So how do you get your employee's consent to overtime?
These two sample clauses will ensure you employee works overtime
The Labour Law for Managers Loose Leaf Service advises you include these two clauses in your employment contracts.
'If you have a clause in your employment contract that says your employee agrees to work overtime when required, your life will be much easier. Your employee will be in breach of contract if he refuses to work overtime and you can take disciplinary action against him,' advises the Loose Leaf.
So what's the legal amount of overtime you can ask your employees to work?
In terms of the BCEA, your employee can't work more than ten hours' of overtime a week. You also can't let your employee work more than 12 hours on any one day.
Also keep in mind that, even though the BCEA allows a certain number of hours of overtime per employee, it doesn't mean your employee has to work overtime. 'You still need their consent,' cautions the Loose Leaf.
Putting these two clauses in your employee's employment contract will ensure he works overtime if you need him to. What's more these clauses will ensure you don't have to ask for your employee's consent every time you need him to work late.