Regulated overtime in South Africa

Overtime refers to any hours worked by an employee that exceed their normally scheduled working hours. While a generalised overtime definition refers simply to hours worked outside of the standard working schedule, overtime commonly refers to the employee’s remunerations for such work.

In South Africa working hours including overtime is regulated by the Basic Conditions of Employment Act in Chapter two. Chapter Two of the Act is however not applicable to the following employees:

• Senior managerial employees.
• Employees engaged as sales staff who travel to the premises of customers and who regulate their own hours of work.
• Employees who work less than 24 hours a month for an employer.

Every employer in South Africa must regulate the working times of each employee:

• in accordance with the provisions of any Act governing occupational health and safety.
• with due regard to the health and safety of employees.
• with due regard to the Code of Good Practice on the Regulation of Working Time issued under section 87(1)(a) of the Act.

As per section 9 of the Basic Conditions of Employment Act, the maximum normal working time for an employee below the threshold is 45 hours per week. This means a maximum of nine hours for any day if the employee works for five days.

This does not mean that the employee must work 45 hours per week at normal times. The amount of normal time worked is a matter of contractual agreement between employer and employee. Some employees for instance only work a 40-hour week. The statutory limitation of 45 hours per week means that the employee may not work more than 45 hours per week at normal times.

The maximum permissible overtime as per section 10 of the Basic Conditions of Employment Act is 10 hours in any 1 week. As per the definition of the Act a week means the period of seven days within which the working week of that employee ordinarily falls and a day a period of 24 hours measured from the time when the employee normally commences work. Employees earning below the threshold must be paid 1.5 times the normal wage rate for overtime worked except for Sundays. Overtime on a Sunday must be remunerated at double the normal wage rate.

By agreement the employer may allow an employee paid time off for overtime worked instead of paying the employee. The deferred paid time off must be granted to the employee within one month after working the overtime, but by agreement this period may be extended to 12 months.

Employees who earn in excess of the present threshold amount are not subject to the provisions of section 10 (overtime) of The Basic Conditions of Employment Act. This means that such employees cannot demand to be paid for overtime worked, nor can they demand to be granted paid time off.

Anisha Naidoo

HR Manager

Reference

Andre (2010).Hours of Work and Overtime. [online] Labour Guide South Africa. Available at: http://labourguide.co.za/employment-condition/hours-of-work-and-overtime [Accessed 26 May 2024].