Labour and HR Club Q&A
Can you afford a 52% salary increase for all your employees?

Discover how to stand up to striking employees and even completely avoid strikes with the A-Z Guide to Preventing and Managing Strikes...

"Clock Cards"

Should a monthly employee be paid overtime when they are asked to clock even if their contract of employment states that they are not entitled to overtime?

Added to
  • Employment terms and conditions
  • Clock cards

 User  ilzepret asked at 03 Apr. 2017


1 answer

Taryn Strugnell
 Expert Taryn Strugnell answered to question to 06 Apr. 2017
Vote answer I appreciate this answer [0] I am unhappy with this answer [0]
Even if your employees must work overtime, you don’t have to pay the following (Section 6(1) and 6(3)):
1) Senior managerial employees;
2) Sales staff who travel to customers and who regulate their own hours of work;
3) Employees who work less than 24 hours a month for you; and
4) Employees who earn more than the minimum earnings threshold..

But remember despite what the BCEA says, if you‘ve agreed in your employment contract to pay overtime, you are bound by your agreement, even if the ends up earning more than the minimum earnings threshold per year.

Other questions about Employment terms and conditions


RSS Facebook Share the experience
Labour and HR Club
  • CCMA
  • Discipline
  • Dismissals
  • Employment Equity
  • Employment terms and conditions
  • Foreigners
  • Laws / Acts / DoL
  • Leave
  • Performance management
  • Policies and procedures
  • Recruitment
  • Trade unions
I need to know if consecutive leave days include public holidays? Should I be forfeiting leave days if they fall over...[read more]
Published at 13 Dec. 2017 1 answer
A staff member asked to take leave for three weeks in 6 months time to visit his elderly mother in Australia. This was...[read more]
Published at 26 Jan. 2018 1 answer
Hi, I work 5 hours a day (8am to 1pm). Am I entitled to any sort of break?[read more]
Published at 16 Jan. 2018 1 answer
Good morning, Kindly confirm if the below constitute for family responsibility leave please. I fell ill two days...[read more]
Published at 08 Jan. 2018 1 answer
Published at 18 Dec. 2017 1 answer
My domestic worker told me she is pregnant, she will be working for me for about 2 years now and we have not registered...[read more]
Published at 06 Feb. 2018 1 answer
Video Archive Video club
Your library of Free eReports
View full library