What is the threshold for overtime in South Africa?

The current threshold is R205 433.30 per year. Employees earning under the threshold amount: These employees have the full protection of every section of the Basic Conditions of Employment Act (BCEA).

What laid off?

Being laid off means you have lost your job due to changes that the company has decided to make on its end. The difference between being laid off and being fired is that if you are fired, the company considers that your actions have caused the termination. If you are laid off, you didn’t necessarily do anything wrong.

Can you get banned from overtime?

Unlike a full strike in which employees are usually in breach of their contract, workers engaging in overtime bans are typically well protected. Employers cannot legally withhold normal wages during an overtime ban if employees are not breaching the terms of their employment contracts by refusing to do overtime work.

Can an employee refuse to work overtime in South Africa?

Brief explanation: Section 10 of the Basic Conditions of Employment Act (“the BCEA”) states that an employer may not require or permit an employee to work overtime unless there is an agreement to work overtime.

What is the current Bcea threshold?

The earnings threshold, which is determined by the Minster of Employment and Labour from time to time in terms of the Basic Conditions of Employment Act of 1997 (the BCEA), has been increased to R224080,30 per year (R18673 per month) with effect from 1 March 2022. This is an increase of 5,9%.

Is it better to be laid off or quit?

Don’t get fired or quit your job. Instead, get laid off. If you quit or get fired, you get no benefits. But if you get laid off, you can receive a severance, unemployment benefits, subsidized health insurance, strong referrals, and so much more.

Can you say you were laid off instead of fired?

Unlike being fired, employees who are laid off may be eligible to be rehired at a later date. In both cases you have been terminated. This is a neutral term used to indicate you’ve left your job, though it doesn’t tell someone whether you were laid off, fired, or retired.

Can I say no to overtime?

“Yes,” your employer can require you to work overtime and can fire you if you refuse, according to the Fair Labor Standards Act or FLSA (29 U.S.C. § 201 and following), the federal overtime law. The FLSA sets no limits on how many hours a day or week your employer can require you to work.

Is mandatory overtime legal?

If your contract says you have compulsory overtime but it’s ‘non-guaranteed’, your employer doesn’t have to offer overtime. But if they do, you must accept and work it. Your employer could take disciplinary action or dismiss you if you don’t do the overtime you’ve agreed to.

What does the law say about overtime in South Africa?

Overtime in South Africa is implemented under the following conditions: Employees may work a maximum of 3 hours overtime per day – or 10 hours in any one week. Overtime remuneration is paid at 1.5x normal rate, and 2x normal rate for Sundays and public holidays.

What do the conditions of Employment state about working overtime and the payment of overtime?

Under section 10(2) of the Basic Conditions of Employment Act (BCEA) it is mandatory to make overtime payment to an employee who earns less than the threshold of R205 433.30 per annum and who works overtime.