Overtime Pay

All you need to know about Overtime Pay

Overtime Pay

 

Working times and overtime are regulated by Chapter two of the Basic Conditions of Employment Act.

The act applies to all employees except members of the South African Defence Force, National Intelligence Agency, State Security Agency, and unpaid volunteers working for a charitable organisation. Workers engaged in emergency work are excluded from certain provisions

 

Certain sections, including the sections on overtime, are also not applicable to:

  • Senior managerial employees
  • Sales staff who travel to customers and regulate their own hours of work
  • Employees who work less than 24 hours a month for an employer
  • Employees who earn more than the threshold amount (at time of publishing this was R205,433.30 per annum or R17,119.44 p/m)

 

The act states that the maximum ‘normal’ hours of work are 45 hours per week. The maximum ‘normal’ hours in a day would be 9 hours a day if the employee normally works 5 days or less a week, or 8 hours a day if they normally work more than 5 days a week.

However, this does not mean that an employee must always work a 45 hour week before overtime kicks in. The normal hours would be as per the contract signed by the employer and employee and could be less than 45 hours. If the employee normally works 40 hours a week, then any hours over 40 would be regarded as overtime.

Those earning above the threshold need to negotiate with their employer what their normal hours would be and this could be more than 45 hours.

Meal breaks are not included in the calculation of working hours and are unpaid. (However, an employee must be paid for the portion of a meal break that exceeds 75 minutes, unless they live on the premises.) So if an employee works a nine-hour day and has an hour meal break, they will be on-site for 50 hours a week but are still seen as working for only 45 hours. A meal break is normally an hour but can be reduced to 30 mins by contractual agreement.

Overtime can not be compulsory, and an employee cannot be expected to work overtime on short notice unless they have contractually agreed to do so. Having said this, an employee cannot refuse to work overtime if the work required must be done without delay owing to circumstances which the employer could not have planned for, such as repairing a machine that has broken down.

The maximum permissible overtime in a week is 10 hours in any one week or 3 hours in any one day. Employees earning less than the threshold should earn 1.5 times the normal rate of pay for any overtime except on a Sunday or public holiday when they should earn double pay. However, if the employee normally works on a Sunday, then work on a Sunday would be paid at 1.5 times their normal rate.

By agreement, the employer may give the employee paid time off instead of paying the employee for overtime. In this case, the employer must give the employee time off calculated using the same formulas (ie. one and a half or double the hours, depending on when the overtime was worked). This time off should be granted within one month of the overtime being worked, although this can be extended to one year by agreement. The parties can also agree to a combination of pay and time off.

Employees who earn over the threshold have no right to demand extra pay for working overtime. Nor can they demand time off for overtime worked. However, they still must agree to any overtime and cannot be forced to work overtime, or work overtime without compensation, unless they have agreed to do so. Whereas they don’t have a right to demand these things, they do have a right to negotiate for them.

It is important to note that any agreement reached on overtime during the first three months of working will expire after one year, and a new agreement needs to be reached.

Need Staff?

 

The Measured Ability group provides recruitment and labour broking services for all industries, all over South Africa as well as other parts of Africa and the Middle East. We can provide candidates for permanent or temporary placements, or we can hire out our own employees to you, which means we become responsible for all admin including payroll, leave (and overtime) admin, Industrial Relations and much more. Contact us for more information.

Need a Job?

Search through our latest vacancies, or send us your CV and let us help you to find the perfect job.

 

Maternity Leave South Africa

How does Maternity Leave Work in South Africa?

Maternity Leave in South Africa

 

The Basic Conditions of Employment Act states that employers need to give female workers at least 4 months of consecutive maternity leave. This is generally unpaid leave, although in some cases a collective bargaining agreement or your contract may provide for partial payment or full payment for some, or all of that time. Such an agreement or contract might also allow for more than 4 months of leave. If you do not get full pay whilst on maternity leave, and you have been contributing to the UIF for at least 4 months, then you are also able to claim UIF. Please see our post on Maternity Leave UIF.

You are allowed to start your maternity leave up to 4 weeks before the due date, although you can start sooner if it is necessary for your health or that of the baby. You can also work right up till your due date if you feel you are able to, in order to spend more time with your baby. The BCEA states that a worker should not go back to work within 6 weeks after the birth, unless a doctor has certified her to do so.

In the event of a stillbirth or miscarraige in the third trimester, you are entitled to 6 weeks of leave, whether or not you have already started maternity leave.

If you are given paid maternity leave, then your company might want you to sign something saying that you will pay back the leave pay if you do not return to work after your leave is finished.

It is possible to ask for less strenuous work, fewer hours, or to be taken off of night shift when returning to work, if this is practical for your employer. If you are breastfeeding, there may be other issues regarding the health of your baby if you are working with chemical or biological hazards. You employer cannot expect you to do work that could endanger you or your baby while you are nursing. They also need to give you time off if your newborn baby is ill. This is all covered by the code of good practice on the protection of employees during pregnancy and after the birth of a child.

Fathers are normally entitled to three days of family responsibility leave after the birth of a child, as long as they have been working for more than four months and for more than 4 days a week.

 

How much notice should I give?

 

Generally four weeks written notice must be given to the employer before starting maternity leave, and this should state the dates when the leave will start and finish. However the earlier you give them notice the better, so that they have time to arrange for what is going to happen with your workload while you are away. It’s best to have a discussion with your HR team regarding how maternity leave works in your organisation. While it is your manager’s responsibility to allocate your work to other colleagues, it would probably be appreciated if you could provide some kind of suggestion for how your work could be re-distributed.

 

Protection from Dismissal

 

It is illegal to fire someone for becoming pregnant (or intending to do so) or for taking maternity leave. The law considers it an unfair dismissal if an employer does not allow an employee to return to work after her maternity leave. It may be the case that the position is not necessary any longer, and that the employee would have been retrenched if not on maternity leave, but in this case the employer is supposed to make every effort to offer an alternative position.

Adoption Leave

 

While the Unemployment Insurance Act provides for similar benefits for workers who adopt as for those on maternity leave, the BCEA does not provide for adoption leave in the same way that it provides for maternity leave. At this point any adoption leave will need to be negotiated with your employer.

Disciplinary Procedure

What are the Disciplinary Procedures in South Africa

Disciplinary Procedure

 

Discipline is, for most people, a fairly unenjoyable but necessary part of labour relations. It is essential for a smooth-running business to have some form of the disciplinary procedure.

South Africa labour legislation does not set out any specific steps that need to be taken when conducting a disciplinary enquiry. But the following can be taken as a guideline for how to proceed. Please note that the following procedure would not substitute any collective agreement on disciplinary procedures. Parties may also, by mutual consent, approach the CCMA or bargaining council for arbitration.

It is important to have clear rules and to communicate those rules to your workforce. Some rules may not need to be specified as they could be seen as obvious. For example, breaking the law by stealing from the workplace or assaulting a colleague or superior are not really necessary to specify, as everyone should already know that such behaviour is not permitted.

It is good to keep the following in mind when engaging in disciplinary procedures:

  • You should not discipline yourself when you are angry or upset.
  • Discipline should be applied as soon as possible after the relevant incident.
  • All other possible outcomes should be explored before dismissal is applied.
  • Gather all of the facts, and ensure that proper procedure is followed.
  • If disciplining a union representative or shop steward, then the union needs to be consulted and informed before going forward with any disciplinary action.

 

The difference between counselling and disciplinary action

 

The first step should always be to counsel the employee. This is appropriate when the employee is not performing to the expected standard or is not aware of a particular rule, or where a breach is fairly minor. The idea is to make sure they understand that they are not performing as expected or to explain and ensure they understand the minor breach that they have made, and to bring their performance or behaviour up to the expected standard.

The following is a recommended course of action for counselling an employee:

  • Invite the employee to a meeting and ensure they know what it is about.
  • Ensure a private and uninterrupted meeting.
  • Draw the employee’s attention to the problem and ensure that you both agree that a problem exists.
  • Ask the employee to explain their misconduct.
  • Ask the employee if they have any ideas of how to correct the problem.
  • Offer your suggestions and try to reach a consensus on the way forward.
  • Agree on each party’s role going forward and set a date for when you will meet again to reassess the situation.
  • Keep a note of the meeting and the agreement reached.
  • Meet again on the agreed date to see if the problem has been remedied. If not, then disciplinary action should be considered.

Disciplinary action is appropriate where the breach of conduct cannot be condoned, or where previous counselling has not solved the problem.

 

Kinds of disciplinary action

 

There are a number of forms of disciplinary action that can be applied, which would depend on the severity of the offense and whether the employee has broken the same rule in the past. Before deciding on a form of discipline, a meeting should be arranged between the employee and management in order to explain the rule which has allegedly been breached. The employee must be given a chance to respond and explain their conduct. This meeting should preferably arrive at an agreement on how to remedy the situation.

The following forms of discipline can be used (in order of severity):

  • Verbal warnings
  • Written warnings
  • Final written warning
  • Suspension without pay (for a limited period)
  • Demotion, as an alternative to dismissal only
  • Dismissal

 

The employer must establish the severity of the infraction while referring to the company’s rules. If the offence is not serious, then an informal verbal warning may be given. The law does not specify any particular number of warnings, and dismissal can be applied to the first offence for a serious enough breach.

A final written warning can be applied when the contravention is serious, or if the employee has received warnings for a similar offence in the past.

An employee can appeal against a final warning, and the employer can hold a formal enquiry if they believe that it is only through such a process that the outcome can be determined.

A verbal warning is usually valid for 3 months. A written warning is normally valid for 6 months. After this time has elapsed, the warning should be removed from the employee’s records. A warning for one kind of infraction cannot be applied to another, different type of offence.

Employees should always be requested to sign their warning letters and given a chance to state their objections if any. The letter is still valid if the employee refuses to sign it. In this case, a witness should sign and state that the employee refused to do so.

It is recommended that employers keep records for each employee, specifying the nature of any breaches of conduct, the actions are taken, and the reasons for these actions.

Dismissal should be reserved for the most serious of offences, and must be preceded by a disciplinary enquiry, unless it is impossible or undesirable to hold such a hearing, for example where the employee has absconded, or where the enquiry would be likely to endanger life or property.

 

Formal Disciplinary Enquiries

 

An employee may be suspended on full pay pending a hearing, especially in cases where the employee being on-site may jeopardise the investigation of the incident.

The employer must give the employee at least three days’ written notice of such a hearing.

The letter should include:

  • The date, time, and venue of the hearing
  • Details of the charges
  • The employees right to representation (by a fellow employee or union representative if applicable) should also be explained

Remember that if the employer is intending to discipline a shop steward, then the union must be notified before serving notice to the employee.

 

The following people should be present at a disciplinary hearing:

  • A chairperson to chair the hearing. This should not be someone who has a personal interest in the outcome.
  • A management representative.
  • The employee is disciplined.
  • Any representatives of the employee.
  • Any witnesses for either side.
  • An interpreter if required.

The employer should lead with evidence first, followed by the employee. The chair may ask any questions of witnesses for clarification. Once both sides have presented evidence and witnesses have been questioned, then the chair should decide on a verdict of guilty or not guilty.

 

They will need to decide:

  • If a rule has been broken
  • If the rule was valid and reasonable
  • If the employee knows about or should have known about the rule
  • If the employer has been constant in applying the rule

 

If the verdict is guilty, then the chair may ask both sides for input on the appropriate disciplinary measures. The chair makes the decision on what measures to implement and informs the employee. The employee should be informed that they have the right to appeal. If there is no appeal procedure, then the employee may take the case to the CCMA or bargaining council.

A failure to attend a disciplinary hearing is not caused to stop the hearing unless a valid reason for their absence can be provided.

 

Tired of having to deal with your own disciplinary procedures?

 

Measured Ability has a labour broking division, which means that we hire out all kinds of workers on a temporary basis to other employers.

Not only does this mean that any disciplinary action and IR issues become our problem, but we also handle payroll, all leave administration, PPE, and a million other things. And we are able to quickly increase or decrease your workforce complement based on seasonal fluctuations.

If you are interested in learning more about how we can take over all the headaches involved in your staffing, please contact us now and we’ll get one of our consultants to call you right back.

Similar Content:

Unfair Dismissal

Constructive Dismissal

 

UIF Claims

Who can claim UIF in South Africa? UIF Benefits

UIF Claims

 

The following information is for unemployment UIF benefits only.

We have a separate post about Maternity UIF benefits. And we will have posts up soon for the other types of UIF including for illness, adoption and dependants (death).

Who can claim UIF?

You can only claim UIF if you (and your employer) have been paying UIF.

All workers and employers should pay UIF except:

  • Those working less than 24 hours a month for an employer
  • Learners
  • Public Servants
  • Foreigners working on a contract who will be repatriated upon completion of their contract
  • Workers who only earn commission

You can claim UIF if:

  • Your employers are bankrupt
  • Your contract ends
  • You are fired

Domestic workers can also claim if:

  • They work for more than one employer, and they lose their job at one of those employers
  • Their employer dies

You cannot claim UIF if you:

  • Benefit from the Compensation Fund
  • Benefit from an unemployment fund under the LRA
  • Are suspended from claiming due to fraud
  • Quit your job
  • Do not report at set days and times
  • Refuse training and advice

In order to claim, you also need to register as a work-seeker, and be available for work.

The UIF may stop paying you benefits if you refuse to:

  • Accept a job
  • Go for training
  • Go for advice

When to claim UIF?

You need to claim within 6 months after you stopped working.

How much UIF can I claim?

If you have been a UIF contributor for more than 4 years, you can claim for up to 238 days, or 8 months.

If you have been working (and contributing) for a shorter period, then you can claim one day for every six days worked.

If you manage to find a job, you are no longer eligible to recieve UIF.

The fund pays a percentage of your wage / salary while you were contributing. This can be a maximum of 58% and is on a sliding scale depending on how much you were earning.

If your average salary over the last four years is less than R12,478, then you would receive 36 – 56% of your average salary. If you earned more than R12,478, then you will receive a fixed amount of between R4250 – R4550 per month.

 

UIF Claims

Employee Assistance Programs

Employee Assistance Programs

 

What is an Employee Assistance Program?

An Employee Assistance Program is an employer sponsored benefit program that helps employees deal with any personal programs that might affect their performance or emotional well-being. They do not have to be work related problems, but rather any problem that might negatively affect the employee’s ability to do their job. The services are often available to the employee’s entire family, not just themselves.

Such programs started in the 1930’s specifically to deal with alchohol abuse, but have expanded to offer support for a wide range of issues.

There can be many benefits for employers who start Employee Assistance Programs, especially reduced absenteeism and increased productivity. The employees generally have direct 24 hour access to professional psychological counsellors, with quick access to other medical professionals when necessary.

What do Employee Assistance Programs offer?

Employee Assistance Programs usually offer free and confidential counselling for the following kinds of issues:

  • Substance Abuse
  • Family and marraige problems
  • Emotional problems
  • Financial problems
  • Legal problems
  • Occupational Stress
  • Employee Distress
  • Major life events (Births, Deaths, Accidents etc)
  • Major health concerns
  • Separation and loss
  • Trauma debriefing
  • Burnout control
  • HIV/AIDS counselling

Some providers might also offer assistance with retirement or lay-off issues, or even health related issues such as fitness and exercise, weight control, nutrition, quitting smoking etc.

Need to find quality staff?

Measured Ability is a recruitment agency and labour broker sourcing quality employees for all industries, nationwide. If you need some extra hands, on a temporary or permanent basis, from unskilled workers to top management, trust the experts to help you to find the right people.

Please contact us now to find the right person for your vacancy.

 

 

resume and cv icon

How to write a CV

How to write a CV

 

What does CV stand for?

 

CV stands for Curriculum Vitae. It comes from the Latin meaning ‘course of life’, and is usually a short summary of a job-seeker’s personal details, employment history, education, and any skills, awards, or achievements they want to list. It should normally not be more than 2 or 3 pages.

In the USA they would call a CV a resume, and a Curriculum Vitae is a more lengthy document with much more detail, usually only used in Academic and Medical careers.

What does a CV look like?

 

There is no standard format for a CV, and they can come in many different variations. You should generally try and create a different CV for each position you apply for, and make sure that the most important and relevant information comes first and is the most visible. Most recruiters only scan a CV for an average of 6 seconds, so you need to make sure that the important information is obvious enough to be seen in that time.

You would normally put your personal details first (Name, Contact Details, ID Number, etc), and if in South Africa, you would also often put your Ethnicity, Gender, Disability status, etc for BEE reasons. In most other countries you would normally not include these things.

After this, you would normally put your employment history, usually in reverse chronological order, so the most recent jobs would come first. You should put the dates you worked at the company, the company name, and your position as well as a short summary of your duties or skills.

This would normally be followed by your Education history, listing the institutions and qualifications as well as the dates you were enrolled.

After that, you could list any other certificates you have, any skills you think would be relevant, and anything else you think could be relevant to the position. Sometimes people list volunteer work they have done, or their hobbies, etc.

It’s also normally a good idea to include some references, preferably from employers for similar positions. There are many mistakes that one can make on a C.V, to avoid those mistakes read here.

You don’t have to follow the above order, you can mix things up and should do so if the more relevant information for the job would be under education or volunteer work for example. You should always make sure that the most relevant information for the job you are applying for comes first.

It is also common to include a covering letter. This would normally be your motivation for why you think you are right for the job, and an attempt to sell yourself for the position, and should normally just be a paragraph or two. If you are emailing a CV for a position, then this can be in the email itself. If you are just generally uploading a CV to a job board you would not normally include a covering letter.

Generally, it is a good idea to keep the CV short and to the point. List everything that is important and relevant to the position, but doesn’t try and fill it out with unnecessary ‘fluff’. Most of the time recruiters (whether at an agency or at a company itself) are going to have to go through hundreds of CVs for one position and keeping things short and to the point, while making the important information highly visible is going to help you a lot.

Writing a CV that computers can read

 

Normally you don’t need to make a CV too fancy (unless you are applying for a design position, in which case you may want to show off your skills). In fact, especially if you are applying electronically through a job board or through a recruitment agency, you want to keep the CV formatting fairly simple. This is because the CV needs to be readable by a computer so that you will come up in searches done on the job board, or through the recruitment agencies Applicant Tracking System. These programs scan your CV for relevant keywords based on what the user is searching for, so those keywords need to be legible to software. You should never upload a scanned copy of a CV to a job board as the software will see that as an image and will not be able to pick out relevant keywords, so you will never come up in a search.

It is also important to make sure that the keywords, skills, and qualifications that people would search for to find someone like you appear in your CV. The bigger job boards in South Africa have millions of CVs in their databases, so you need to make sure that your CV comes up in a search. Think of all the terms that someone might search for and try to include them. Also, take a good look at the major requirements for the position you are applying for, and ensure that they appear in your CV. Make sure that if there is more than one way to write a particular skill or qualification, that you write it the same way it appears in the job advert, as that is most likely the way that the recruiter will write it when searching.

Upload your CV

 

Now that you know how to write a CV, make sure that you send us your CV once you have written it. We are a recruitment agency and labour broker and we fill all kinds of positions, from factory workers to CEOs, all over South Africa and into Africa and the Middle East.

You can also search through our currently available positions, and apply for any that interest you. Please note that we don’t always advertise all of our available positions, especially the unskilled ones, so even if you don’t see anything suitable for you, please send us your CV anyway.