The Basic Conditions of Employment Act states that the maximum working time for an employee earning below the annual threshold of R205 433.30, is 45 hours per week.
This, according to Labour Guide's legal experts Nicolene Erasmus and Jan du Toit, is equal to a maximum of nine hours in a day if you work for five days or less in a week, and eight hours if you are on the job more than five days a week.
Meal breaks
Meal and tea breaks are not included in the calculation of working hours and will therefore be unpaid, the experts say, adding that, as meal breaks are unpaid the employee can, for instance, read a book or go and do some shopping.
Under section 10 of the Act, the maximum permissible overtime is ten hours in any one week. Employees who earn above the threshold amount are not subject to this.
Those earning over the threshold
If you fall under this category you cannot demand to be paid for overtime worked, nor can you request to be granted paid time off.
However, you do have a right to negotiate, Erasmus says.
“You can approach the employer to negotiate and reach an agreement on how many normal hours and overtime work will be required from you.
“Once this has been established, the parties must agree on remuneration for the overtime worked. Such remuneration may be less than the minimum prescribed by the Act.”
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