In South Africa, working hours and overtime are regulated by a law called the Basic Conditions of Employment Act (BCEA), especially in Chapter 2. But some employees are not covered by this part of the law. These include:
- Senior managers
- Sales staff who travel to customers and set their own hours
- Employees who work less than 24 hours a month
Normal Working Hours
According to Section 9 of the Act, the most normal working hours allowed for someone earning less than a certain amount per year (called the threshold) is 45 hours per week. This means:
- Up to 9 hours a day if the person works 5 days or fewer per week
- Up to 8 hours a day if the person works more than 5 days a week
This does not mean an employee must work 45 hours—only that they can’t go over that without it counting as overtime. For example, some people work only 40 hours a week by agreement with their employer.
What Counts as Overtime?
Any hours worked more than your normal hours (daily or weekly) are called overtime. So, if your contract says you work 40 hours per week, anything over that is overtime.
The law says that people who earn less than the threshold amount can’t be forced to work more than:
- 45 hours of normal time per week
- 10 hours of overtime per week
- 12 hours in one day (this includes 9 hours of normal time and 3 hours of overtime)
Overtime is not automatic—you and your employer must agree to it. You also have the right to say no to overtime unless there’s a contract saying you must be available. If there’s an emergency—like broken equipment—then refusing might not be allowed.
Pay for Overtime
If you earn below the threshold, you must be paid extra for overtime:
- 1.5 times your normal wage for overtime on normal days
- 2 times your normal wage for work done on Sundays
You can also choose to get paid time off instead of money. For every hour of overtime, you would get 90 minutes off. This time off must be given within one month, unless you and your employer agree on a longer time (up to 12 months).
Breaks During Work
Lunch and tea breaks are not counted as part of your working hours. This means they are usually unpaid. For example, if you work a 5-day week and take a 1-hour lunch break every day, you’re at work for 50 hours, but only 45 of those hours are paid.
Lunch breaks must be given after 5 hours of continuous work. The usual break is 1 hour, but this can be cut to 30 minutes if both the employer and employee agree. If your employer asks you to work during lunch, they must pay you for that time.
Overtime on Sundays and Public Holidays
If you work on a Sunday:
- You must be paid double if you don’t usually work on Sundays
- If you normally do work on Sundays, you must be paid 1.5 times your normal rate
Working on a public holiday must be agreed on. If you normally work on that day, you must be paid double your daily wage. If you don’t normally work on the public holiday, then you should be paid your daily wage plus the normal rate for the hours worked.
What If You Earn More Than the Threshold?
As of now, the threshold is R254,371.67 per year.
If you earn more than this:
- You do not have the automatic right to demand overtime pay, paid time off, or limits on your working hours under certain parts of the law (Sections 9, 10, 11, 12, 14, 15, 16, 17(2), and 18(3)).
- You can’t demand pay for overtime, work on Sundays, or public holidays unless you negotiate it with your employer.
- Your employer also cannot force you to work overtime or standby duties without an agreement.
No one, including the employer, is allowed to force you to work. Section 48 of the BCEA clearly says that all forced labour is illegal.
Also, if you and your employer agreed on working hours and overtime in your original job contract, those conditions must stay the same unless you both agree to change them. The employer cannot change them alone just because of the threshold rule.
Time Limits and Agreements
If you agreed to work overtime during the first three months of your job, that agreement expires after one year. After that, your employer must check with you again to confirm that you still agree to work overtime.
Court Example
In the case, Maneche & Others v CCMA & Others, some employees refused to work more overtime because they had already worked the legal limit. They were fired, but the Labour Court ruled that their dismissal was unfair. The Court said the law is more important than workplace habits, and the employees were reinstated.
The information provided in this article is for general informational purposes only and should not be construed as professional advice. The content of this article is based on research and analysis from various sources and may not be applicable to all situations or circumstances. We do not guarantee the accuracy or completeness of any information provided in this article, and we cannot be held responsible for any reliance on this information. The reader assumes full responsibility and risk for any actions taken based on the information provided in this article. This article is merely a guideline and should not be used as a substitute for professional advice. We do not assume any liability for any loss or damage incurred by any person as a result of the use or reliance on any information provided in this article.