Did you know: Your employees can say 'no' to working overtime?
It's not uncommon for companies that don't close in December to ask their staff to work overtime.
Employers depend on these employees to steer the ship while the rest of their staff is on annual leave.
If you plan to ask some of your employee to work overtime as well, you need to know that they'll be well within their rights if they refuse...
Don't believe us?
Then let me explain how overtime works...
You don't have to pay your employees overtime...
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Paying your employees for working overtime
can get expensive...
But just because they work overtime
doesn't mean you must
In fact, there are four alternatives you can use to compensate them for working overtime
instead of paying them...
to discover four alternatives you have that can save you thousands every month on overtime
It's true, your employees can say 'no' to working overtime
According to the Labour Law for Managers Loose Leaf Service
, Section 10(1) (a) of the Basic Conditions of Employment Act (BCEA)
states you can't force your employees to work overtime
unless you have an agreement in place.
Even though the BCEA
allows a certain number of hours of overtime
per employee, it doesn't mean they have to work it. You still need their consent.
To make your employees say 'yes' to overtime
, include an overtime
clause in your employment contracts.
If you think you'll need your employees to work overtime
, plan in advance by putting the following clause in their employment contracts saying they agree to work overtime:
'You're required and agree to work overtime should the need arise. Overtime will be paid according to the applicable legislation as amended from time to time.'
If you don't include this clause, you'll have to get your employees consent every time you need them to work overtime
When you have your employee's consent, don't forget about the amount of overtime you can legally ask them to work
Your employees can't work more than 10 hours of overtime a week (Section 10(1) (b) of the BCEA).
You also can't make an employee work more than 12 hours of overtime on any one day (Section 10(1A) of the BCEA).
And if your employee is entitled to overtime pay, you must pay him at least one and a half times his wage for the overtime he works.
PS: For more information on overtime, check out Your Essential Guide to Overtime: Everything You Didn't Know About Overtime and More.
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