A lot of employers don’t know what the BCEA says about overtime. Are you one of them?

Simangele Mzizi, Fsp Business, 02 Dec. 2014

Tags: overtime, working overtime, bcea and overtime, overtime pay, basic conditions of employment act, bcea, paying overtime


The truth some employers don’t know what the Basic Conditions of Employment Act (BCEA) says about working overtime.

If you’re one of these employers, be warned. Just because you aren’t aware of the law, doesn’t mean your employees don’t.

They know what the BCEA says about overtime and expect you to stick to it. And they WILL take you to the CCMA for not sticking to it.

That’s the last thing you want.

Having a CCMA case on your hands means productivity will suffer as you take time off to prepare. Lawyers also don’t come cheap, so you’ll probably spend thousands on legal fees. And if you lose, you may have to pay compensation too.

We both know that’s a risk you can’t afford to take.

Keep reading to discover seven things the BCEA says about overtime so you can comply and avoid being taken to the CCMA.



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Seven things the BCEA says about working overtime

 
Basically, the BCEA governs how you must deal with overtime in your company. And it has very strict conditions. The aim of this is to ensure you, as an employer, don’t exploit your employees. But it also protects you so you can run your business smoothly.
 
Here are some of the things the BCEA says about working overtime:
 
#1: Your employees can say “no” to working overtime. You can’t force them unless you have an agreement in place.
 
#2: Asking your employee to work overtime will cost you and you must calculate overtime pay correctly.
 
#3: But the good news is, you don’t have to pay all your employees for working overtime.
 
#4: And, there are alternatives to overtime pay.
 
#5: You can ask your employees to work overtime during an emergency even if there’s no agreement in place.
 
#6: If you need to ask your employees to work overtime this December, familiarise yourself with these five points first.
 
#7: You can dismiss employees who always refuse to work overtime. That’s even if there’s no contractual obligation to do so.
 
Laws like the BCEA empower your employees to enforce their rights. If you think you’ll get away with not knowing what it says and applying it incorrectly, you’re mistaken. You WILL land up at the CCMA.
 
So take the time to read through these points because, as I said before, the BCEA protects you too.
 
PS: For more information on overtime, check out the Your Essential Guide to Overtime: Everything You Didn't Know About Overtime and More. Also check out our ultimate overtime checklist.

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