Good Day
I would be most grateful if you someone could assist me with the following ambiguous issues.
1. In the case of a permanent employee, who works 45 hours per week (Monday to Friday 07h00 - 16h00), and is required to work overtime on a PUBLIC HOLIDAY that falls between a Monday and a Friday; he has been informed that "as he is "ALREADY BEING PAID FOR working on this day", (in other words his monthly salary includes that public holiday), he must then work for 9 hours ON THE SAID PUBLIC HOLIDAY and ONLY THEREAFTER may he claim for overtime at 1 x hourly rate.
Travelling expenses may also not be claimed (presumably because he would have come to work anyway).
This incidentally also applies to the two most Religious Christian public holidays; namely Good Friday and Christmas Day.
Kindly clarify this and provide me with the portion if the Act to which this issue would apply.
2. Is it true that the Labour Law (Overtime) has been promulgated / amended to the maximum of PAID (not WORKED) hours being 40 hours per month or 10 hours per week? I have read elsewhere that this is also understood be 72 hours a month?
If a company has never abided by this rule as a result of their own needs (e.g. machinery break downs and production must continue), and the staff are accustomed to and welcome the extra hours of overtime (regardless of the quantity); and suddenly due to 'budget constraints', the staff are verbally advised that "there is a new Labour Law which states no more than 40 hours overtime may be PAID FOR".
Therefore although the staff continue to work in excess of 40 hours per month (and are paid therefore), the remaining hours may be taken as hours or days off.
No documentation of the quantify in excess of 40 paid hours (which now becomes hours / days off) is provided and agreed upon between employer and employee in terms of hours worked multiplied by 1.5 or double time.
The question is simple - The employee is accustomed to AND WELCOMES the overtime, regardless of the quantity.
Does the Law STATE THAT THE COMPANY IS ONLY ALLOWED TO PAY UP TO 40 HOURS AND THE BALANCE MUST BE TAKEN AS TIME OFF?
(Please note I am only referring to an employee WILLING to work as many hours as possible for financial gain - NOT AN EMPLOYEE WHO IS FORCED TO DO SO).
As with point 1 above, kindly provide me with the portion of the Act that clarifies the above.
I am so thankful for your assistance herein.