Hours of Work and Overtime

Overtime is regulated by chapter 2 of the Basic Conditions of Employment Act which however, is 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 time of each employee as follows:

• 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.
• With due regard to the family responsibilities of employees.

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 would mean that an employee can work up to a maximum of nine hours in a single day if they work five days or fewer in a week. If they work more than five days a week, the maximum allowable hours per day is eight hours. The current overtime threshold is R261 748,45 per annum (from 1 April 2025) - R21 812,37 per month. 

This does not mean that the employee must work 45 hours per week normal time. 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 normal time. Employees who earn above the determined threshold amount must negotiate the normal number of working hours per day or per week with the employer.

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 definitions of the Act, a week means the period of seven days that typically constitutes the working week for that employee, while a "day" is defined as a 24-hour period starting from the time the employee usually begins their 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.

Employees who earn more than 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. However contrary to popular belief, the employer also cannot force such employees to work overtime and cannot demand that they work overtime without compensation, unless the employee agrees to this.

All forced labour is prohibited in terms of section 48 of the Basic Conditions of Employment Act and should the employer require such employees over the overtime threshold to work overtime, then the hours to be worked and the basis of compensation will have to be negotiated between the two parties.

Reference:

https://labourguide.co.za

Anisha Naidoo | HR Manager