overtime

Instructions to Work Overtime – Problematic Clauses in Employment Contracts

Working overtime is essential to an employer’s operational requirements in specific industries within our labour-sphere. If an employee refuses to work overtime when their employer requests it, it is necessary to consider the lawfulness and reasonableness of the instruction. Although the Basic Conditions of Employment Act 75 of 1997 (BCEA) regulates the payment for overtime [...]

2024-06-27T14:05:35+02:00June 27th, 2024|Theme|Comments Off on Instructions to Work Overtime – Problematic Clauses in Employment Contracts

Refusal to work overtime does not amount to insubordination

At the core of any Employer-Employee relationship emanates a common law duty of an Employee to render services to an Employer; however, it happens every so often that the Employer will require the Employee to render services beyond their contractual hours, commonly known as “overtime”. Overtime is essentially an instruction that requires an agreement, an [...]

2023-07-11T14:41:32+02:00April 5th, 2023|Arbitration, Dismissal, Labour Relations Act|Comments Off on Refusal to work overtime does not amount to insubordination

But I worked two Sundays this month – I haven’t been paid correctly!

Even with the quick progression of technology and better record-keeping systems when it comes to employee hours and work done, there nonetheless still exists numerous disputes that arise as a consequence of overtime and Sunday hours worked by an employee. As a general rule, the ordinary hours worked and any overtime or Sunday hours worked [...]

2023-05-18T12:46:36+02:00January 9th, 2023|Contracts, Theme|Comments Off on But I worked two Sundays this month – I haven’t been paid correctly!

Overtime and the bottom line

For many enterprises, the wage bill represents a significant expense, often the most considerable single monthly expense. The affordability of the expense can be debilitating for many smaller companies. The situation may further be compounded by the need to pay overtime; as many employers know, overtime is a costly exercise. Although overtime should be an [...]

2022-09-09T12:44:03+02:00September 6th, 2022|General|Comments Off on Overtime and the bottom line

Should Employers Renew Overtime Agreements Annually?

The regulation of working hours is contained in Chapter two of the Basic Conditions of Employment Act. In terms of Section 6 of the Act, these regulations do not apply to employees who: earn above the threshold, which is R211 596.30 per annum; senior managerial employees; employees who are sales staff who travel to customers and [...]

2021-10-06T12:24:15+02:00October 6th, 2021|Contracts|Comments Off on Should Employers Renew Overtime Agreements Annually?
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