OVERTIME AND RESTING PERIODS

Overtime refers to any work performed beyond an employee's ordinary hours of work as stipulated in their employment contract or as regulated by the Basic Conditions of Employment Act (BCEA) Section 10, and the Main Collective Agreement (MCA) of the National Bargaining Council for Hairdressing, Cosmetology, Skincare, and Beauty Industry (HCSBC) in clauses 32 and 34.

Overtime is generally voluntary and cannot be forced upon employees unless agreed to in their employment contract or collective agreement.

An employer may not require or permit an employee to work more than:

3 hours of overtime per day
10 hours of overtime per week

Overtime must be paid at a rate of at least 1.5 times the employee's normal wage rate. Alternatively, an employee may agree to receive paid time off instead of overtime pay.

The calculation of time off in lieu of overtime. Here's a detailed explanation of how these hours are typically calculated:

According to the BCEA, overtime work is paid at a rate of 1.5 times the normal hourly wage. This forms the basis for calculating time off in lieu of overtime.

When an employee opts for time off instead of overtime pay, the general practice is to provide time off at the same rate as overtime pay would have been calculated.

This means:

For every hour of overtime worked, the employee should receive 1.5 hours of time off.

Example Calculation: If an employee works 2 hours of overtime:

• Overtime pay would be: 2 hours × 1.5 × normal hourly rate

• Time of in lieu of would be: 2 hours × 1.5 = 3 hours of time off

While not strictly regulated, best practice suggests that time of in lieu of overtime should be taken within a reasonable time frame after the overtime is worked, usually within the same pay period or the following one.

In cases where an employee works a compressed work week (e.g., 4 days x 10 hours), any time worked beyond 10 hours on a workday is considered overtime.

Certain categories of employees are excluded from overtime provisions, including:

Senior managerial employees
Sales staff who travel and regulate their own working hours
Employees earning above the earnings threshold (currently R 261 748.45 per annum as of 1 April 2025)

Overtime arrangements can be modified through collective agreements between employers and trade unions, provided they don't reduce the protection afforded to employees under the BCEA.

Employers are required to keep records of employees' working hours, including overtime, for at least three years.

The BCEA allows for flexibility in how overtime is compensated, provided it's agreed upon between the employer and employee. This agreement should be in writing and clearly state the terms of the arrangement.

Employers must keep accurate records of all overtime worked and remuneration paid and/or time of in lieu of overtime granted.

When employees work overtime, employers must ensure that the mandatory rest periods are still observed. Excessive overtime that infringes on rest periods can lead to legal consequences for employers.

Daily and weekly rest period as per Section 15 of the BCEA stipulates:

( 1 ) An employer must allow an employee—

(a) a daily rest period of at least twelve consecutive hours between ending and recommencing work; and

(b) a weekly rest period of at least 36 consecutive hours which. unless otherwise agreed, must include Sunday.

(2) A daily rest period in terms of subsection ( 1 )(a) may. by written agreement. be reduced to 10 hours for an employee—

(a) who lives on the premises at which the workplace is situated; and

(b) whose meal interval lasts for at least three hours.

(3) Despite subsection ( 1 )(b). an agreement in writing may provide for—

(a) a rest period of at least 60 consecutive hours eve~ two weeks; or

(b) an employee’s weekly rest period to be reduced by up to eight hours in any week if the rest period in the following week is extended equivalently.

Daily and weekly rest periods are fundamental rights of employees in South Africa, enshrined in the BCEA. Employers must ensure compliance with these provisions to maintain a healthy, productive workforce and avoid legal repercussions. As labour law continues to evolve, staying informed about rest period regulations remains crucial for both employers and employees.