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Is the way you handle overtime a CCMA magnet?

by , 26 June 2013
Our readers ask a lot of questions about overtime on the Labour and HR Club. One of the questions they asked was 'Can an employee who earns over the Annual Earnings Threshold of R183 008 refuse to work overtime if they're not compensated?'

Do you know the answer to this question? Don't worry, let me tell you the answer...

Dear Reader,
 
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The club where all your HR and Labour related questions are answered… The club devoted to issues that affect you every day… The club where only the best HR and Labour Managers meet!
 
Want in? RSVP to our invitation now…
 
http://labourandhrclub.fspbusiness.co.za/
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Is the way you handle overtime a CCMA magnet?
 
If you have questions about overtime, don't panic, you're not alone. Here're the other questions our reader asked:
  1. Can an employee who earns over the Annual Earnings Threshold of R183 008 refuse to work overtime if they're not compensated?
  2. Can the employees' contract be changed to read "you will be required to work overtime from time to time or as required by the employer"?
  3. If this is in your employees' contract can they be fired if they refuse to work?
 
Are you sure you know how to answer these questions? Here's how you can get a grip on overtime and avoid becoming a CCMA magnet....
 
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You don't have to pay your employees overtime!

Click here and discover everything you need to know so you'll never have another overtime headache again...

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Get a grip on overtime with the answers to these questions
 
  1. If your employee earns more than the earning's threshold (currently R183 008), Section 10 (overtime) of The Basic Conditions of Employment Act won't apply to them. This means your employees can't demand to be paid for overtime worked neither can they demand to be given paid time off.
  1. If you decide to change the conditions of your employees' contract and they don't agree with your changes, they can take you to the CCMA or the Bargaining Council in terms of section 64(4) of the Labour Relations Act. Your employee can ask the CCMA to issue a notice to instruct the employer to restore the terms and conditions which applied before the change took place. You must comply with this notice within 48 hours of receiving it.
  1. You can't force your employee to work overtime without compensation, unless they agree to it. Forcing your employee to work isn't allowed in terms of Section 48 of the Basic Conditions of Employment Act. If your employee refuses to work the overtime, don't assume its insubordination and fire them. You can land up at the CCMA for an unfair dismissal! If the condition to work overtime is in their contract and they refuse to work, you can take the normal disciplinary course of action.

    Remember you can't just fire them!
 
Luckily our reader signed up to the Labour and HR Club and they got a solution to their questions straight away! Do you have questions you need answered? Here's my invitation, join the Labour and HR Club now!
 
http://labourandhrclub.fspbusiness.co.za/
 
Best regards,
 
Miriro Matema
Product Manager – Practical Guide to Human Resources Management
 
P.S. Click here and discover everything you need to know so you'll never have another overtime headache again...


 

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