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Wolf
I noticed on my last pay slip that i got paid time+ a half for working on the 1st may
I normally work 5 days a week except when i am on standby, saturdays and after hours is time +half, sundays is double time.

What are the laws concerning this?
Fishfly
That's what the LAW states double on public holidays... also it says that unless you agree you don't have to work more than ## hours a week...
Paul
work on a public holiday is the same as work on a sunday, double time
Wolf
Thanks, i thought so but the pay office disagrees
rurounikenshin
Be very careful how you approach them about this situation.

Sometimes they can get VERY nasty about it.

But you are entitled to double pay as per the labour laws of this country. Re-read your contract just to be sure.
Paul
ask them to show you the basic conditions of employment guidelines which should be posted up on a wall somewhere visible to everyone.

this is whats on it, check the parts I highlighted.


QUOTE


The Basic Conditions of Employment Act:
Application of the Act: Section 3

The Act applies to all employees and employers except members of the National Defence Force, National Intelligence Agency, South African Secret Service and unpaid volunteers working for an organisation with a charitable purpose.

In terms of a ministerial determination as permitted by section 6(3) of this Act: employees earning in excess of R 115 572-00 per annum are excluded from section 6 to 17 and 18(3). In terms of the determination, earnings mean gross pay before deductions for income tax, pension, medical and similar payments.

The basic conditions of employment contained in the Act form part of the contract of employment of employees covered by the Act. Some, but not all, basic conditions of employment may be varied by individual or collective agreements in accordance with the provisions of the Act.

Regulation of working time

The Code of Good Practice on the arrangement of working Time must be read in conjunction with this chapter.

The Basic Conditions of Employment Act prescribes certain minimum conditions of employment which must be applied.

These are not inflexible conditions, in the sense that the employer may offer a better condition, but he may not offer nor include in any contract a condition that is less favorable to the employee than the corresponding condition contained in the BCEA.

For example, the Act lays down a minimum of 21 consecutive days or 15 working days annual leave on full pay.

The employer is permitted to provide any number of days annual leave in excess of the statutory 15 working days, but he may not provide less than the statutory 15 working days.

A Ministerial Determination number 356 dated 14th March 2003, lays down what is known as the "earnings threshold", and certain sections of the BCEA do not apply to employees earning above this threshold amount.

The Determination reads as follows:

I, Membathisi Mphumzi Shepherd Mdladlala, Minister of Labour, in terms of Section 6 (3) of the The Basic Conditions of Employment act, number 75 of 1997 determine that all employees earning in excess of R115572-00 per annum be excluded from sections 9 , 10 , 11, 12 , 13 , 14 , 15 , 16 , 17 and 18 (3) of the Act and fix the second Monday after the date of publication of this notice as the date from which the said determination shall be binding.

For the purpose of this notice, "earnings" means: gross before deductions i.e. income-tax, pension, medical aid and similar payments but excluding similar payments (contributions) made by the employer in respect of the employee.

Hours of Work and Overtime:

Chapter 2 of the BCEA regulates working Time, including all hours and overtime.

The following is applicable to employees earning less than the determined threshold.

The maximum normal working time allowed (section 9 BCEA) is 45 hours weekly. This is 9 hours per day (excluding lunch break) if the employee works a five-day week, and 8 hours per day (excluding lunch break) if the employee works more than 5 days per week.

This does not mean that the employee must work 45 hours per week normal time.

The amount of normal time worked is a matter of contractual agreement between employer and employee. Some employers work a 40 hour week, and so on.

The statutory limitation of 45 hours per week means that the employee may not work more than 45 hours per week normal time.

Lunch break is unpaid time and is the employee's own time - he/she and read a book, go shopping, etc because they are not paid for lunch breaks.

Therefore an employee who works a 5 day week and who receives a lunch break of one hour daily will actually be at the workplace for 50 hours weekly (45 hours normal working time plus 5 hours daily lunch breaks.)

The lunch break is to be provided after five hours continuous working time. Tea breaks do not qualify as a break in working time.

The statutory lunch break is 1 hour, but by agreement between the employee and employer this may be reduced to 30 minutes.

Employees who earn above the determined threshold amount must negotiate the normal amount of working hours per day or per week with the employer. The employee is under no obligation to work more than 45 hours per week.

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. (I'm unsure about the threshold - ask around)

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):

Remuneration for Sunday and public holiday work.

Should any employee work on a Sunday, he must be remunerated at double his normal wage rate for each our worked, unless he ordinarily works on a Sunday, in which case he must be remunerated at 1, 5 times his normal wage rate for each our worked.

Should any employee work on a public holiday, it must be noted that no employer may require any employee to work on a public holiday except in accordance with an agreement with the employee to do so.

If the public holiday falls on a day on which the employee would normally work, the employee is entitled to that day off on full pay, or if he does not work on that day then he is entitled to be paid his ordinarily daily wage plus the amount earned by him for the work performed on that day.

Should the public holiday fall on a day on which the employee would ordinarily work then if he works on that public holiday he is entitled to be paid at least double his normal wage rate for the day, or if he does not work, he is entitled to have the day off and be paid his normal wage rate for the day.
Wolf
Thanks guys. I will check this out during the week!
Shi-shi
some of the basic conditions of employment as listed by Paul can be varied by your contractual agreement with your employer...what can be varied is very limited though, some conditions are fundamental and can never be varied unless the Minister changes it... the basic conditions can also be varied by collective bargaining i think, if my memory serves me correct... i agree with rurouni and suggest that you take a look at your contract and see what it says... if it doesnt mention anything about it, then you can demand double pay for that day
RustPuppet
Indeed, it all depends on your actual contract.

I get sweet fuck nothing for overtime sad.gif
Surge
QUOTE
I get sweet fuck nothing for overtime.

Jaaaaaaa... Same here. sad.gif Thankfully I hardly work overtime.

Yeah, Wolf. Sadly in a lot of cases where one gets screwed over with overtime, it is because the contract that you have signed actually allows the employer to screw you over. Pity that in most cases, people don't tend to read their contracts fully and just sign away.
Wolf
Or it is put in terms that you dont understand and when you ask for help they say "it's good you can sign it"

Still need to find my contract and check it out, i've at work more than at home this weekend sad.gif
Wolf
Hey Shi-shi how are you?
Thanks for the help.

In may contract there is nothing stated spesifically about double time
The only thing i can find relating to this is:
QUOTE
Hours of work:
Your normal work week will not exceed forty hours. You will be expected to work planned or unplanned overtime, including weekends and public holidays, should operations require it. You will also be expected to work shifts.


also there is a piece in there saying: the company reserves the right to alter the terms and condition with "due notice"

What i can gather form what Paul quoted above one can refuse to work overtime if you dont get paid for it
Shi-shi
hey.. i is fine and you?

Hmmmm..... they say nothing about renumeration for those "planned or unplanned overtime" occassions? Off hand I can say that yes you can refuse to work overtime BUT as the contract says.. you are EXPECTED to work overtime as required... your company could turn around and say that you in breach of contract because by signing the contract you created a legitimate expection that you would work overtime for the company.

on the bright side though... you can claim based on the basic conditions of employment act, double time for that public holiday you worked.. your argument can be that since there is no mention of any variation as to renumeration in your contract concerning public holidays.. law requires, as a minimum standard, for you to get paid double for that day since your agreement requires (if needed) for you to work on public holidays... and then you can quote s18(2)(b) of the act (lol):

Section 18 (2):
a) an employee who does not work on the public holiday, at least the wage that the employee would ordinarily have received for work on that day;
b) an employee who does work on the public holiday--
i) at least double the amount referred to in paragraph (a); or
ii) if it is greater, the amount referred to in paragraph (a) plus the amount earned by the employee for the time worked on that day.


this is all just off hand knowledge.. i'll go read up some stuffies and triple check for you...

EDIT: oh and "due notice" - normally means that they can change terms in the contract BUT they need to inform you of this i.e. giving you timely notice of any changes. so if they say, that they changed the terms of the contract you can respond by saying where is my notice of the change? no notice of change means none of the so called changed terms is binding on you, hence you dont have to abide by it smile.gif
Wolf
Okay, i spoke to the top dog at the pay office, apparently you have to work 8 hours or more to get double time, anything less than 8 hours is time +half and no work on a holiday is just paid as normal time(which is is obvious to me)

But there is still no mention of this 8 hours in the contract.
Paul
err that's a crock, ask them to show you that in writing.

that is the biggest load of bullshit ever, and it smells too.
Valheru
At least you are getting overtime. Our policy is not to pay overtime, but rather refund with time off. Like i had time to take leave in the first place (i haven't used up last years leave yet).
W@RP@T}{
^^ We get sweet F'all in extra time or money so be happy if you get anything. And last year I cranked in over 600 hours of overtime alone
RustPuppet
^ that's because you are a gigolo sad.gif
Fishfly
:lmao: I think our company gives overtime... but I'm not too sure smile.gif
Valheru
QUOTE(W( at )RP( at )T}{ @ May 13 2008, 05:28 PM) *
^^ We get sweet F'all in extra time or money so be happy if you get anything. And last year I cranked in over 600 hours of overtime alone

We might be happier in terms of getting something, but you are still the happiest driving to work.

sad.gif
Shi-shi
hmmm... wolf... i think the better option is to email the pay office and cc in someone higher.. express your grievances, your concerns about all this, state that the contract is not clear about this sort of thing etc etc.. say that you accept what they said, but that you nonetheless concerned.. it wont mean any sort of remedy for you, but it might make a difference somewhere down the line, make the employer awarer that you are aware of your rights.. might, big might (make that a very big might), make them sit up and think a little

and warpath: 600 hours of overtime??? damn...
Wolf
Okay I hear you guys who dont get sweet nothing, but then again I would like to compare my pay rate with yours.

I think i might be getting to the truth now:
According to another top dog at the pay office and a union rep, if you show for a normal day of work on a public holiday, you get double, for call outs (like in my case) you your normal pay plus time and a half for the time you spent at work.

Paul
I say go with shi shi's advice, the worst that can happen is that they say they are adamant that you need to work 8 hours blah blah which you can do very little about if youre willing to go to the CCMA for a few hours overtime pay.

Just accept it but the best thing that can happen is that they will be aware that youre not a sucker and next time there's overtime, say "Thanks but no thanks, my union rep says I must'nt work anymore overtime"

or

"Thanks but no thanks, my priest/pastor/rabbi/imam/cult leader says I wont go to heaven/promised land/the ufo behind the moon if I work Sundays"

I personally would go with option 2 because they might have a problem with option 1 but if they oppose option 2, you can drag em over the coals for discrimination against your religion.

Wolf
The shit is i signed on to do standby, they said maximum one call per night/day, yeah right.

This is how I worked out for myself:
They pay a normal day's work on a public holiday, right...
In addition, they pay time +half so in effect I am getting 2 and a half times.

I am not good with this type of things but i will definately check them up and keep them on their toes.

Off the original toppic.
I want to tell them their standby stinks, and ask whether it is worth it for them to get me out, drive 74km, get over time etc. to issue things to the worth of R1.50 up to R25, this happens regularly, even up to 7 times on a saturday or sunday, and AT LEAST once or twice a night during the week.
Nitro Guy
Em dude what you complaing about then? if you get normal time plus 1.5 normal time then they're fully compliant with the act AFAIK.

Read the act shi shi and Paul posted properly.

PAUL
QUOTE
Should the public holiday fall on a day on which the employee would ordinarily work then if he works on that public holiday he is entitled to be paid at least double his normal wage rate for the day
SHI SHI
QUOTE
a) an employee who does not work on the public holiday, at least the wage that the employee would ordinarily have received for work on that day;
b) an employee who does work on the public holiday--
i) at least double the amount referred to in paragraph (a); or
ii) if it is greater, the amount referred to in paragraph (a) plus the amount earned by the employee for the time worked on that day.


you get 2.5 effectively... they're 100% compliant (see shi shi's extract)
Wolf
I am telling you here that i am not good with this type of shit, I didnt understand it in that way, i do now (if it is true and i am not under another shitty impresion)

I did read Shi shi and Paul's extracts that is why i came back and said what i said!

EDIT:
I worked it out that way, they didnt tell me that in effect, i get 2.5 times
I 'll have to go read and research it all again just be sure i'm not under wrong impression., I hate dealing with shit like this
Nitro Guy
apologies if my post appeared harsh.

some helpfull info on the other hand...

a junior came to me with a similar query...
usually its all about reading your payslip, in his case it was his normal standard hours at 160hours a month multiplied by his pay rate and an additional line item for overtime on a PH at 8 hours, he queried why it was 8 hours multiplied by his pay rate and not 16 hours or twice his pay rate.

Maybe your case is similar.

Anywho again, apologies...
W@RP@T}{
QUOTE(Wolf @ May 14 2008, 11:20 AM) *
The shit is i signed on to do standby, they said maximum one call per night/day, yeah right.

This is how I worked out for myself:
They pay a normal day's work on a public holiday, right...
In addition, they pay time +half so in effect I am getting 2 and a half times.

I am not good with this type of things but i will definately check them up and keep them on their toes.

Off the original toppic.
I want to tell them their standby stinks, and ask whether it is worth it for them to get me out, drive 74km, get over time etc. to issue things to the worth of R1.50 up to R25, this happens regularly, even up to 7 times on a saturday or sunday, and AT LEAST once or twice a night during the week.

Can't you ask for a laptop and do things remotely?
Wolf
My predecessor did ask for a laptop and made some other suggestions, which I also made, nothing came of it, they had a meeting today and apparently they are going to try and limit call outs, but that i still want to see.

Needless to say my Predecessor resigned!
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