KNOW YOUR RIGHTS

The company I work for expects me to work overtime without extra pay. I don’t know how to raise it with my superiors because I don’t have all the facts, and I don’t want to put my job at risk. *Karabelo Mbatha, Social Media Manager

Modise Mabule, director and attorney at Modise Mabule Attorneys,

responds: The expectation of working overtime without compensation is unlawful if there is no agreement in place and your earnings fall under the threshold of R205 500 per annum. Overtime is not compulsory, unless your employment contract states that you will do so with remuneration or any other arrangement you may have with the employer. Chapter 2 section 10 of the Basic Conditions of Employment Act prohibits forceful overtime. “Overtime may only be worked after agreement between the employer and employee,” the law states.

The employee whose earnings fall under the threshold is entitled to demand a fee for overtime, and they may also be compensated with time off or extended leave days for the overtime worked,” Mabule adds. He says in the case of unfair labour practice, you may declare a formal internal grievance. Working hours in a normal week consist of 45 hours, and you are limited to 40 hours overtime per month. Your rate for overtime is “1.5 rate” on any day, beside Sunday and public holidays. The 1.5 rate means that you get paid your normal, hourly rate, plus 50% of your normal rate per hour. “You get paid double your normal hourly rate on public holidays and Sundays,” Mabule continues. Read your employment contract thoroughly because you are legally binding yourself to everything it contains.

*Not her real name