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

Gimaru

Gimaru

New member
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.
 
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?
 
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.
 
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):
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http://www.labourguide.co.za/conditions-of-employment/hours-of-work-and-overtime-389
 
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Graal said:
Not really, back when I worked for my dad in December '10, overtime was anything over 8 hours a day.
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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.
 
Lycanthrope said:
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.
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Ah, okay. Yeah, it would probably be more like from dusk till dawn the next day. :P
 
Yeah, the CCMA by Carlton Center is always full (overflowing into the square actually).
 
Will have to find my contract, but can they make you sign a contract making unpaid overtime "okay"?
 
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Actually no its not, certain contracts stipulate that should the need arise and if the overtime falls into a specific category (Deadline // Project Milestone etc) that employees will be expected to work Overtime without compensation
By signing a contract with this type of clause in it, you may have already agreed to these terms, making your Overtime voluntary and therefore excempt from Normal Labour Law Clauses regarding Overtime and compensation

Contracts, read the fine print
 
Xero said:
Actually no its not, certain contracts stipulate that should the need arise and if the overtime falls into a specific category (Deadline // Project Milestone etc) that employees will be expected to work Overtime without compensation
By signing a contract with this type of clause in it, you may have already agreed to these terms, making your Overtime voluntary and therefore excempt from Normal Labour Law Clauses regarding Overtime and compensation

Contracts, read the fine print
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You can only be exempt of "normal labour law clauses" should your salary be in a higher bracket (higher than R149,736.00 per annum) and in that regard, are unable to demand paid overtime although, overtime must still be agreed upon by both employee and employer.

It's all stated quite simply here: http://www.labourguide.co.za/conditions-of-employment/the-earnings-threshold-643

You are protected by the law, regardless of what your contract may stipulate. Simply, if your contract has a clause in it stating that you agree to work unpaid overtime and you fall below that income bracket then congratulations, that contract is deemed unlawful and is considered "forced labour" which is illegal.

Know your rights, read the fine print ;)
 
Dude, like everyone is saying, go to the CCMA. I'm lucky enough to be in a company where the owner and managers look out for their employees. We have deadlines sure, as working in the development department can drive you over the edge, but our contracts state that we get paid overtime.
 
I'd be careful of going to the CCMA straight off. You get a sort of stigma with future employers, or so I've been told.
 
Xero said:
Actually no its not, certain contracts stipulate that should the need arise and if the overtime falls into a specific category (Deadline // Project Milestone etc) that employees will be expected to work Overtime without compensation
By signing a contract with this type of clause in it, you may have already agreed to these terms, making your Overtime voluntary and therefore excempt from Normal Labour Law Clauses regarding Overtime and compensation

Contracts, read the fine print
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Pretty much applicable to me. Had a huge project a 2 years ago or so where I worked 120hrs overtime the one month without getting paid for it.

Last year same thing, worked until 11pm-1am for 2 weeks to get shit done. We don't claim overtime.

Granted, this is applicable to deadlines. If Gimaru's boss is making him work extra every single day then it's an issue worth escalating.
 
Voicy said:
Pretty much applicable to me. Had a huge project a 2 years ago or so where I worked 120hrs overtime the one month without getting paid for it.

Last year same thing, worked until 11pm-1am for 2 weeks to get shit done. We don't claim overtime.

Granted, this is applicable to deadlines. If Gimaru's boss is making him work extra every single day then it's an issue worth escalating.
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Same here. I've been lucky enough to not have to work overtime, since I'm on a young project, but in the year ahead I can see loads of overtime.
 
thats my biggest gripe where i work too...

In my previous company, when you worked overtime you had a choice of time off or extra pay.
The company i work with now doesn't follow this standard at all, instead you work overtime and you "get time off when you need it"
however when you need it, you don't get it. I trusted them and i don't count how many hours i have worked overtime, but fact is they owe me alot and i cant prove it, its really stuiped i don't want to have to go and count my hours, because i thought as the boss said "you get time off when you need it" Best thing to do like me, is start looking for a better job where things are clear cut....
 
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