Employers cannot force their employees to work overtime. Similarly, employees who earn over the overtime threshold rate are not subject to overtime pay rules and cannot demand to be paid at overtime rates.
Can an employee refuse to work overtime in South Africa?
Overtime is not compulsory and employees can refuse to work overtime on short notice, unless the employee contractually agreed to be available to work overtime on short notice. In circumstances we overtime work on short notice is required by the employer, fairness towards the employee must be taken into consideration.
Can you be fired for refusing to work overtime in South Africa?
The general rule is therefore that an employer cannot force an employee to work overtime except in accordance with an agreement regarding overtime.
Can an employee refuse to work overtime?
The contract of employment may contain an agreement to work overtime if the need arises. If an employee refuses to work agreed overtime, it amounts to a breach of contract and disciplinary action can be taken against the employee (as a refusal to work agreed overtime amounts to misconduct.
Can I be forced to work overtime?
There are limits to working overtime
You only have to work overtime if your contract says so. Even if it does you can’t usually be forced to work more than an average of 48 hours per week. If you’re told to work more than this and you don’t want to, you should first take it up with your employer.
Is refusing to work overtime gross misconduct?
The short answer is that, yes, you can fire an employee for refusing to work overtime. As long as the reason for firing an employee isn’t discriminatory or retaliatory as prohibited by law, “at-will employment” means that you can fire your employee at any time for any reason.
Can my employer withhold my overtime pay?
An employer cannot lawfully deduct money from an employee’s wages unless the employee has agreed, in writing, that the employer can do so. … Provided the overtime is properly payable to you then you can make a claim for unlawful deduction of wages against the Company.
Is mandatory overtime legal?
The answer is yes, an employer can force employees to work mandatory overtime. … The Fair Labor Standards Act (FLSA) is responsible for establishing the 40-hour work week for employees. The law does not place a maximum limit on the number of hours employers can require their employees to work.
Can my employer change my hours without asking?
An employment contract can only be varied if there is agreement or if the terms allow it. … If your contract is clear and says that your employer can make the specific change that they want to make e.g. to vary or reduce your hours, then your employer may be able to make the change without your agreement.
What does compulsory overtime mean?
Unlike ‘voluntary’ overtime, compulsory overtime is a contractual obligation which clearly states that the employee is required to work additional hours, often on a regular basis.