Direct Answer
Under the Basic Conditions of Employment Act, employees earning below the earnings threshold (updated annually by the Minister of Labour) cannot be compelled to work more than 10 hours overtime per week, and overtime must be paid at 1.5× the normal rate (or 2× on Sundays and public holidays).
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 a written agreement. Overtime must be paid at 1.5× the normal rate, or 2× for Sundays and public holidays.”
BCEA
Section 11
“The maximum overtime is 10 hours per week (excluding the meal interval). No employee may work more than 12 hours in any one day.”
Common Questions
Frequently Asked Questions
Can my employer force me to do overtime in South Africa?
Only up to 10 hours per week by written agreement. Overtime beyond this limit, or without agreement, is unlawful and must be compensated.
Can I be dismissed for refusing to work overtime?
If overtime is not part of your written agreement, refusal cannot be the basis for dismissal. If your contract requires overtime, unreasonable refusal may constitute misconduct — but the overtime must still be reasonable.
Does the overtime rule apply to managers?
Employees earning above the BCEA earnings threshold (adjusted annually) may be excluded from certain BCEA protections including overtime limits. Check the current threshold.
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