One of the provisions in the Basic conditions of Employment Act (“BCEA”) relates to overtime pay, which states that employees who work more than 45 hours per week must be paid overtime at the rate of one and a half times their normal hourly wage. However, the BCEA also has a threshold, which means that employees earning above a certain amount are not covered by the law.
So, what happens if an employee is earning under the threshold set by the BCEA, and their employer requires them to work overtime without compensation? The answer is that it depends on what is stated in the employment contract.
An employment contract is a legal agreement between an employer and an employee that sets out the terms and conditions of the employment relationship. If the employment contract mentions that the employee is required to work overtime, but does not mention anything about compensation, then the employee may not be entitled to overtime pay.
However, if the employment contract is silent on the matter of overtime, the employee is entitled to overtime pay as per the BCEA provisions.
It is important to note that an employee earning under the BCEA threshold can still negotiate for overtime pay with their employer. If the employer refuses to pay, the employee can seek legal advice and may have grounds to take the matter to the Commission for Conciliation, Mediation and Arbitration (CCMA).
Kindly contact Tuckers Incorporated at 011 897 1900, 076 777 1920 or info@tuckers.co.za should you require advice on your hard earned overtime pay.
Article contributed by Tristan Judge of Tuckers attorneys.