The legal requirement you must obey when it comes to overtime
You can't require or allow an employee to work more than ten hours' overtime
a week (Section 10(1)(b) of the BCEA).
However, you can negotiate an agreement with your employee or the representative union to work longer overtime
. But even then, you can't require or allow an employee to work more than 12 hours in total on any one day (Sections 10(1a) and 10(1A) of the BCEA).
Don't force your employee to work more than ten hours overtime
a week when you haven't agreed on this. If you do, he may take you to the CCMA for unfair labour practice.
If a bargaining council agreement or a sectoral determination covers your company, check
how much the overtime
is for your industry or sector because the provisions could be different.
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