Description
The BCEA (see summary Form 2.7) stipulates that specific agreement must be reached between the parties with reference to certain times of work. All overtime is voluntary. It requires the prior approval of the employee before it can be enforced.
This may be through an individual agreement with the employee or through a collective agreement binding on all employees who are members of that trade union or who fall within that bargaining unit. Employees may be required to work overtime in terms of an agreement but according to Section 6 of the BCEA not all categories of employees have to be paid for their overtime work. These categories
include: senior managerial employees, sales staff who regulate their own hours of work and employees who earn more than R12 478 per month (this amount can be changed by the minister from time to time). Despite what the BCEA says, if the employer agrees to pay for overtime worked by such an employee, the employer will be bound by the agreement.