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Post Info TOPIC: Forced to work overtime?
Thys Muller

Date:
Forced to work overtime?
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Good day.

I am enquiring on behalf of my girlfriend.

Her company sent an email to all the employees in her department, stating that they will have to be on standby after working hours, and weekends.

The company always pay them for working overtime 2 Saturdays a month, which is not stipulated in her contract. There is no issue about the payments.

My question is: Can the company force the employees to be on standby after working hours and on weekends?

The working hours in her contract is 08:00 till 16:30, lunch from 13:00 till 14:45, weekdays only. She has been employed there for about 2 years now.

They were also given no choice but to work 2 Saturdays per month. The company's attitude is - work 2 Saturdays per month and get paid for it, or catch up during the week without any pay for overtime.

I copy the original email below (with names edited out).

Thank you kindly for your assistance.

Date: Thu, 16 Mar 2017 11:58:31 +0200
Subject: 24/7 en saterdae werk
Hallo,julle
XXXX het destyds die 24/7 funksie verrig .
Dit beteken
Jy is  van 17:00 tot 22:00 Maandag tot Vrydag
Saterdae vanaf  13:00 tot 22:00
Sondae vanaf 08:00 tot 22:00  op telefoon diens vir kliente wat inbel.

Kommersieel het eie laptop en foon  en ook 'n dedicated nommer.
Jy word oortyd betaal vir die funksie nl.
Maandae tot Vrydae is oortyd 1.5 ure
Saterdag en Sondae is dit 2 ure .

Saterdae werk.
n Kommersiele persoon moet saterdae aan diens wees vir oproepe. Jul
word oortyd hiervoor betaal.
Ek weet van julle werk wel saterdae maar ek moet weet wie werk wanneer
sodat skakelbord ingelig kan word.
Is daar iemand wat dalk elke saterdag wil werk ?

Hierdie is nie n guns nie,dis n opdrag vanaf XXXX dat kommersiel
dieselfde funksie verrig as persoonlike lyne.
Ek hhor asb van julle teen woensdag 22/3.

Die hoeveelheid oproepe wat ingekom het die afgelope jaar is minimaal



__________________
Anonymous

Date:
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Good day 

It is important to note that all employment contracts are subject to the basic conditions of employment act. This means that if there is a condition in an employment contract that contradicts the BCEA then the BCEA will take preference. 

The employee may not work more than 45 hours a week (usually unless stated otherwise by other conditions). s9 BCEA. 

An employer may not require or permit an employee to work overtime unless there is an agreement. This agreement could be made and agreed to at the time the employee signed the employment contract. The employer may make an offer to the employee at another time while currently employed to work overtime. The email sent was an offer by the employer to the employee to work overtime in which the employee could accept or refuse. The employee may not  work more than three hours a day or ten hours a week of overtime. The employer must compensate the employee by paying one and a half times the employees normal wage for over time worked. s10 BCEA

In most employment contracts the employer states that you may be required to fulfill tasks that are unseen or not specified under the job description. The employer may then rely on the above mentioned clause to make an offer to the employee to work overtime. The employee should be given the opportunity to reject the overtime offer, in some cases there has to be a valid reason or excuse. As long as the employee is not being extorted and working above and beyond the required hours without compensation the employer may request an employee to work overtime occasionally.

 

The employee should take into consideration: 

> Do you work more 45 hours a week.

> What was agreed to in the employment contract.

> Has the employer compensated the employee for the overtime worked. 

> The employment contract has to be inline with the BCEA. 



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