Your employer cannot force you to work more than 10 hours overtime per week and must pay 1.5× your normal wage for overtime, or 2× on Sundays and public holidays. The BCEA is clear.
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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.
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“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.”
What to Do
Step-by-Step Guide
1Check your employment contract. Overtime must be agreed in writing. If you signed nothing, your employer cannot compel overtime or pay less than the statutory rates.
2Keep your own records of hours worked, dates, and amounts paid. Use a notebook, photos of timesheets, or email records.
3Calculate what you are owed: weekday overtime = hourly rate × 1.5; Sunday/public holiday = hourly rate × 2. Multiply by hours worked.
4Write to your employer citing the BCEA, requesting payment of the shortfall within 7 days.
5If they refuse, refer a dispute to the CCMA (non-payment of overtime is a Basic Conditions dispute) or the Department of Labour for a Labour Inspection.
What to Say
Exact Words to Use
“"Section 10 of the Basic Conditions of Employment Act requires that overtime be paid at 1.5 times my normal wage. I am owed R[X] for [Y] hours of unpaid/underpaid overtime. Please pay this within 7 days or I will refer the matter to the CCMA."”
Tone: In writing to employer/HR
Now practise saying it. The Advocate has a scenario that walks you through exactly this situation — phrase by phrase, with audio playback and a practice drill. Free to try.
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.
Knowing the law is step one. The Advocate has scenarios on Workplace — practise the exact words to use, with audio, law references, and Scripture. Free to start.