Forced to work overtime without pay. Can anything be done about it?

[Gimaru]

Basically as the title says. I'm being forced to work overtime almost every night without pay. Can anything be done about it because it's starting to make me go insane.

Like now it's 5:31, should have knocked off at 5 sharp but not allowed to leave. If I do they will repremand me, and perhaps even give me warnings/fire me.

[czc]

I'm positive there's a law about this. Don't really know about things like that though because I get paid by the hour.

What does your employment contract say about this?

[James]

Yeah, sounds like bullshit to me, and there are laws to protect you. Check your contract though; however a contract doesn't always supercede employment laws.

[Tank]

if they are screwing you take them to the CCMA

[Tsar]

yeah dude. Not right at all.

[czc]

Here:

But double check from another source.

Overtime
All overtime is voluntary and may only be worked by agreement between employer and employee. Maximum permissible overtime is 3 hours on anyone day or 10 hours in any 1 week. Remuneration must be at 1, 5 times the normal wage rate except for Sunday work and work on public holidays, which must be remunerated at twice the normal wage rate. Time off, calculated on the same formula, may be granted instead of payment, but only by agreement with the employee.

Employees who earn in excess of the present threshold amount are not subject to the provisions of section 10 (overtime) of The Basic Conditions of Employment Act. This means that such employees cannot demand to be paid for overtime worked, nor can they demand to be granted paid time off in view of payment.

However, contrary to popular belief, the employer also cannot force such employees to work overtime and cannot demand that they work overtime without compensation. All forced labour is prohibited in terms of section 48 of the BCEA, and should the employer require such employees to work overtime then the hours to be worked and the basis of compensation must be negotiated with the employee. Should the employer refuse to compensate for overtime worked in the case of an "over the threshold" employee, then the employee is entitled to refuse to work the overtime.

What is "overtime worked"?
All hours worked in excess of the employee's normal hours of work will be regarded as overtime hours. Therefore, if your employee is contracted to work 45 hours per week normal time, then any hours in excess of that is overtime worked. Similarly, if your employee is contracted to work 40 hours per week normal time, then any hours in excess of the 40 hours is overtime worked.

Overtime on short notice
Overtime is not compulsory, and employees can refuse to work overtime on short notice.

However, an employee cannot refuse to work overtime if the work which is required to be done must be done without delay owing to circumstances for which the employer could not reasonably have been expected to make provision, such as the sudden breakdown of equipment, and which cannot be performed by employees during the ordinary hours of work. (Section 6 (2) BCEA):

http://www.labourguide.co.za/conditi...d-overtime-389

[Lycanthrope]

Here:

But double check from another source.



http://www.labourguide.co.za/conditi...d-overtime-389

This. CCMA <3

Although, CCMA = you'll be there from dawn 'til dusk. Ahh... government departments

[Graal]

This. CCMA <3

Although, CCMA = you'll be there from dawn 'til dusk. Ahh... government departments

Not really, back when I worked for my dad in December '10, overtime was anything over 8 hours a day.

[Lycanthrope]

Not really, back when I worked for my dad in December '10, overtime was anything over 8 hours a day.

No, no, I mean you'll be AT the CCMA from dawn 'til dusk in a queue waiting to see a consultant. And then you'll probably have to come back later with some other forms, etc filled in by your boss or some nonsense.

Had a friend who went through the process last year. It's such a fucking schlep that I'm honestly not surprised that so many people rather shut up and put up than fight for their rights.

[Graal]

No, no, I mean you'll be AT the CCMA from dawn 'til dusk in a queue waiting to see a consultant. And then you'll probably have to come back later with some other forms, etc filled in by your boss or some nonsense.

Had a friend who went through the process last year. It's such a fucking schlep that I'm honestly not surprised that so many people rather shut up and put up than fight for their rights.

Ah, okay. Yeah, it would probably be more like from dusk till dawn the next day. :P