If you came looking for answers on our side of the internet to the question ”can an employee refuse to work overtime in South Africa” let us assure you that you are within your legal rights to say NO to any overtime demands of your boss. All overtime is voluntary and you can turn it down, especially on short notice.
There are labour laws governing working hours and overtime in South Africa.
According to the Basic Conditions of Employment Act in Chapter two, working hours and overtime do not affect the following group of employees
senior staff i.e managers, directors, etc
Sales/marketing team that does a lot of on-the-road work. Employees who travel to meet customers should control their work schedule.
Employees who clock less than 24 hours of work a month
Section 9 of the basic conditions of the Employment Act, set the maximum working time for workers at 45 hours per week. It means that an employee’s regular working hours are 9 hours per day if you work from Monday-Friday. But eight hours if you work for over five days a week. Note that mealtimes are not part of working hours and no employer should calculate it. You can always discuss your hours with your employer before you start any job. Also, employers that require employees to work over 45 hours per week must compensate them for the extra hours worked. They should also in no way threaten workers with dismissal if they refuse to work extra hours.
Is Overtime Compulsory In South Africa
Overtime especially on short notice is not compulsory unless you and your employer have an agreement stating otherwise. However, some circumstances may call on an employee to go above and beyond. For example, if there is a deadline to be met that requires working overtime. Or the sudden breakdown of a production machine which halts the production process means employees may have to work overtime to make up for the times lost.
As mentioned earlier, employers must be duly compensated for the sacrifice and extra hours they put in.
Working on public holidays
Come to an agreement with your boss about working on holidays. Employers must pay double their daily rates when working on public holidays.
Earnings Under The Basic Conditions of Employment Act (BCEA).
As an employee, here is what you are entitled to with working overtime.
You can work overtime only when there is an official agreement signed by you and your employee.
You can rightfully demand a rate of 1-5 times more your regular wage rate for extra hours worked
You can choose between time off work or compensation for overtime.
You can refuse to work overtime except for emergencies that are beyond your employer’s control.
