There are times when you might need employees to work overtime
to get a job done. But did you know you don't have to pay alemployees overtime
? And do you know how to compensate employees who you do have to pay overtime
Keep reading to find about four facts you have to know about when paying for overtime...
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Four facts you must know about overtime and work on Sundays and public holidays
1. Four instances when you don't have to pay overtime!
Even if they're required to work overtime
, the Basic Conditions of Employment Act says you don't have to pay overtime
to the following employees:
• Employees who earn more than R183 008 a year;
• Senior managerial employees;
• Sales staff who travel to customers' premises and who regulate their own hours of work; and
• Employees who work less than 24 hours a month for you.
2. Anything over 45 hours a week is overtime
Unless you have a specific agreement with your employee saying you might need him to work overtime
, you can't get him to work more than 45 normal hours per week. But if he works more than 45 hours a week, he's working overtime
You also can't let an employee work more than 12 hours a day, and more than 10 hours of overtime
in total in any week. (Unless you reach a collective agreement to increase the overtime
hours to a maximum of 15 hours in a week, in accordance with S 10(6) of the Basic Conditions of Employment Act).
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3. You must pay double for work done on Sundays and public holidays
You must pay your workers double their normal rate for work on public holidays and Sundays. This doesn't apply if public holiday or Sunday work is part of the employee's normal working hours. In this case, you must pay your employee time-and-a-half if he works a Sunday or public holiday.
4. Your employee can exchange a public holiday for any other day
Your employee can exchange any public holiday for any other day if you've both agreed to this on an ad hoc basis.
For example, if he rather wants a day off over his child's school holiday, but doesn't want to take annual or unpaid leave, he can do so. He can also exchange a public holiday for a religious holy day of his own faith, e.g. Rosh Hashanah.
For more facts and procedures on paying overtime
, refer to O02: Overtime of the Labour Law for Managers
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Until next time,
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