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Can you require a manager to work overtime on Sundays and public holidays and not pay him anything extra?

by , 16 July 2015
You have a lady by the name of Judy who works for you. She's one of the managers at your firm.

Next week, you need Judy to work overtime. You need her to come in on a Sunday as well as on the Monday. And, the Monday happens to be a public holiday.

But now, you aren't sure whether or not she's entitled to overtime...

Are managers entitled to overtime like all other employees? Or don't you have to pay her anything extra? Read on to find out...

How to determine if a manager is determined to additional pay

Managers aren't always entitled to additional pay for overtime work. Your manager won't qualify for additional pay if:
  • She's regarded as a 'senior managerial employee'; or
  • She earns in excess of the current threshold (currently R205 443.30 per year).
But this may, however, be superseded by a contract of employment that provides for additional pay in such instances.
The bottom line: Unless Judy isn't a senior manager or earns below the threshold, you don't have to pay her any extra.

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With the tool I'll share with you today, you'll discover exactly what the clause in your employment contracts needs to say when it comes to saving money on overtime.

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What the BCEA says about senior managerial employees

Firstly, what is a 'senior managerial employee'? According to the BCEA: 'Someone who has the authority to hire, discipline and dismiss employees, and to represent the employer internally and externally'.
Section 6(1)(a) of the BCEA excludes 'senior managerial employees' and employees earning more than the relevant threshold from the entitlements other employees enjoy in relation to working time.
For example, a normal employee who works, say, 45 hours in the week and 10 hours on weekends receives overtime pay for weekend work. Senior managers don't have this right.

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