Direct Answer
Under the Basic Conditions of Employment Act, overtime must be agreed in writing and paid at 1.5 times your normal wage. Sunday and public holiday work must be paid at double your normal wage (or 1.5× if Sundays are your normal working day). Your employer cannot compel you to work more than 10 hours overtime per week.
What the Law Says
Your Legal Foundation
Basic Conditions of Employment Act 75 of 1997
Section 10
“An employer may not require or permit an employee to work overtime except in accordance with an agreement, and no more than 10 hours overtime per week.”
Basic Conditions of Employment Act 75 of 1997
Section 16
“An employee who works on a Sunday must be paid at double the employee's wage for each hour worked, unless Sunday is an ordinary working day, in which case at 1.5 times the wage.”
Basic Conditions of Employment Act 75 of 1997
Section 17
“An employer must pay an employee who works on a public holiday on which the employee would ordinarily work, at double the employee's wage for that day.”
Common Questions
Frequently Asked Questions
My contract says I am a manager — does the BCEA still apply?
Certain senior managers (earning above the earnings threshold — R254,371.67 per year as of 2024) are excluded from some BCEA provisions including overtime pay. If you earn below the threshold, the BCEA fully applies regardless of your title.
Can I take time off instead of overtime pay?
Yes — Section 10(4) allows an employer and employee to agree in writing to take paid time off instead of overtime pay, at 1.5 hours off for each hour of overtime worked. Both parties must agree; the employer cannot impose this.
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