Prasa did not apply for Ministerial Determination as stipulated in Clause 50 of Basic Conditions of Employment Act. 1997 2021/2022
Therefor no employee will be forced to work more than 10 hours overtime per week as stipulated in Clause.
- (1) Subject to this Chapter. an employer may not require or permit an employee—
(a) to work overtime except in accordance with an agreement.
(b) to work more than— 40
(i) three hours’ overtime a day; or
(ii) ten hours’ overtime a week.
No time may be averaged as stipulated in Clause 12 of the BCEA
- (1) Despite sections 9(1) and (2) and 10(1)(b). the ordinary hours of work and
overtime of an employee may be averaged over a period of up to four months in terms
of a collective agreement.
(2) An employer may not require or permit an employee who is bound by a collective
agreement in terms of subsection (1) to work more than—
(u) an average of 45 ordinary hours of work in a week over the agreed period.
(b) an average of five hours’ overtime in a week over the agreed period.
(3) A collective agreement in terms of subsection (1) lapses after 12 months.
(4) Subsection (3) only applies to the first two collective agreements concluded in
terms of subsection (1).
There is no agreement to average overtime of ant employee. And all overtime worked will be voluntary.
And no employee may be forced to take time off for overtime worked, that must be by agreement by Employee and Employer. As stipulated in Clause 10.4 of BCEA
(4) (a) An employer must grant paid time off in terms of subsection (3) within one
month of the employee becoming entitled to it.
(b) An agreement in writing may increase the period contemplated by paragraph (a)
to 12 months.
(5) An agreement concluded in terms of subsection (1) with an employee when the
employee commences employment, or during the first three months of employment,
lapses after one year.
Please ensure that agreements on time or overtime worked must be between individual employees and Management in writing, which must have been done within the first 3 months of employment
Members please stand strong and are encouraged to direct any enquiries to Neels Haasbroek
