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Can my employee agree to work extra overtime?
Labour Bulletin | 15 January, 2009 | Hot Topics:
Dear Reader
Welcome to the first bulletin of 2009.
Can you believe the December break is a thing of the past? It seems like just yesterday that I was looking forward to my holiday and suddenly it’s a distant memory. I hope you all had a restful break and are ready to take on whatever 2009 throws at you.
And what a year it’s shaping up to be! We’ve got the elections coming up, the Confederations Cup to look forward to, a decreasing petrol price and hopefully a few interest rate cuts. Of course there’s the negative too and don’t think I’ve forgotten – I just think the beginning of a new year is the best time to focus on the positive and make the best start.
Q&A from our subscribers
Can my employee agree to work extra overtime?
Question
According to the BCEA, an employee should work normal hours of not more than 45 hours per week and overtime of not more than 10 hours per week.
Is there any provision allowing my employee to agree to work more than the 10 hours per week overtime?
Answer
An employer and an employee can’t agree to arrangements that would be in contravention of the legislation: i.e. the BCEA in your case. Your employee cannot under normal circumstances work more than 10 hours overtime per week. However, there are some flexible options that the BCEA allows under special circumstances – see the provisions on a compressed working week and on averaging of hours in Chapter W01 of your Handbook.
Until next month...
Sarah-Jane Bosch
Managing Editor
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Editors note
Michelle Govender
Labour Bulletin Editor
The Labour Bulletin team speaks to subscribers every week on landmark labour events and offer valuable and practical information from the Handbook, from questions and answers and from our experts that subscribers can use now to benefit their business.
