Empowering Business: Rights and Responsibilit...
As your dedicated Human Resources Consultant and Labour Relations Advisor, it's my mission to ensure that your business operates smoothly.
While this time of year requires all hands-on deck, you can only require employees to work overtime if their contract allows for this.
Overtime is voluntary and may only be worked by agreement between employer and employee. Maximum permissible overtime is 3 hours on any one day or 10 hours in any 1 week. Remuneration must be at 1, 5 times the normal wage rate.
Overtime is not compulsory; employees can refuse to work overtime on short notice. However, an employee cannot refuse to work overtime if the work which is required to be done must be done without delay owing to circumstances for which the employer could not reasonably have been expected to make provision. For example, a sudden breakdown of equipment, and which cannot be performed by employees during the ordinary hours of work. (Section 6 (2) BCEA):
You should therefore check whether there is a specific clause in the contracts you use which states that the employee agrees to opt out of the working time limit. However, even with this provision, the employee has the right to change their mind and give notice to that effect.
Contact AF Consulting for more information.
AF Consulting in Hermanus specialises in human resources, recruitment, labour relations and training in the workplace. Human Resources Consultant, Arina Fyfer, is available to personally assist you in a focused recruitment process when hiring employees. AF Consulting’s HR service packages are tail...
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