Working Hours and Overtime in South Africa

Working hours are an important part of the employment relationship.

Employees need to understand when they are expected to work, while employers need to ensure that working-time arrangements are properly managed and recorded.

Questions about overtime, meal intervals, rest periods, weekend work and public holidays can easily become sources of workplace disputes when the rules are unclear.

In South Africa, minimum conditions relating to working time are regulated by the Basic Conditions of Employment Act (BCEA), subject to the specific provisions and exclusions that may apply to particular employees.

This article provides a practical overview of working hours and overtime and explains some of the common issues employers and employees should understand.

What Are Working Hours?

Working hours generally refer to the time during which an employee is required or permitted to work.

An employee’s working hours may be determined by:

• The employment contract;
• Workplace policies;
• Collective agreements;
• Applicable legislation;
• Shift arrangements; and
• The operational requirements of the organisation.

Employers should ensure that employees understand their normal working schedule.

A clear working-time arrangement helps employees plan their personal commitments and helps employers manage staffing requirements.

Why Is Working-Time Management Important?

Poor management of working hours can result in:

• Payroll errors;
• Incorrect overtime payments;
• Employee dissatisfaction;
• Fatigue;
• Reduced productivity;
• Absenteeism;
• Workplace disputes; and
• Potential compliance risks.

For employers, working hours should therefore be treated as both an HR and operational issue.

Ordinary Hours of Work

The BCEA establishes rules relating to ordinary hours of work for employees covered by its working-time provisions.

The general statutory framework limits ordinary working hours, subject to applicable exceptions and arrangements.

Employers should not simply assume that an employee can be required to work unlimited hours because the employment contract says so.

Working-time arrangements should be reviewed against the applicable legal requirements.

What Are Ordinary Working Hours?

Ordinary hours are the normal hours an employee is expected to work as part of their employment arrangement.

For example, an employee may ordinarily work:

Monday to Friday

08:00 to 17:00

with an applicable meal interval.

The exact arrangement will differ between workplaces.

A manufacturing environment may operate shifts, while an office may operate conventional daytime hours.

Working Hours and Employment Contracts

Employment contracts should provide appropriate information about working arrangements.

Depending on the role, the contract may address:

• Normal working days;
• Ordinary hours;
• Shift arrangements;
• Overtime;
• Meal intervals;
• Rest periods;
• Sunday work; and
• Public holiday work.

Employers should ensure that the contractual arrangement is consistent with applicable legislation.

Meal Intervals

Employees who work for sufficiently long periods may be entitled to a meal interval in accordance with the BCEA.

The purpose of a meal interval is to provide employees with a break from continuous work.

Employers should ensure that their workplace arrangements comply with the applicable requirements.

The way a meal interval is treated for remuneration purposes may depend on whether the employee is required to remain at the workplace or perform duties during the interval.

Rest Periods

Employees may also be entitled to daily and weekly rest periods.

Rest is important for employee wellbeing and workplace safety.

This becomes particularly important in industries involving:

• Long shifts;
• Driving;
• Machinery;
• Security;
• Physical labour;
• Healthcare; or
• Other safety-sensitive work.

Managers should consider fatigue as a genuine workplace risk.

What Is Overtime?

Overtime generally refers to time worked beyond an employee’s ordinary hours where the applicable legal requirements and arrangements provide for it.

Overtime should not simply be treated as “extra hours” without considering the rules that apply.

Employers should have a clear process for:

• Requesting overtime;
• Approving overtime;
• Recording overtime;
• Calculating overtime; and
• Processing payment.

Can an Employer Force an Employee to Work Overtime?

Overtime is subject to legal and contractual requirements.

Employers should not assume that employees can be required to work unlimited overtime.

The applicable law and employment arrangements should be considered, including any agreements governing overtime.

Employers should also consider employee wellbeing and workplace safety when scheduling additional hours.

Does Overtime Need to Be Approved?

A good workplace should have a clear overtime-approval process.

For example:

Employee works normal shift

↓

Manager identifies additional work requirement

↓

Overtime is approved

↓

Employee works approved overtime

↓

Hours are recorded

↓

Payroll processes the applicable payment

Without a proper approval process, employers can face disputes about whether overtime was authorised and how many hours were actually worked.

How Is Overtime Paid?

The BCEA provides minimum requirements relating to overtime remuneration for employees covered by its provisions.

The actual overtime arrangement may also be affected by:

• The employment contract;
• Collective agreements;
• Bargaining council agreements;
• Workplace policies; and
• Other applicable arrangements.

Payroll should therefore not simply apply a generic overtime calculation to every employee without checking the applicable rules.

Overtime and Employees With Different Pay Arrangements

Not every employee will necessarily have the same overtime arrangement.

The applicable rules can depend on factors such as:

• The employee’s remuneration;
• Job category;
• Contractual arrangements;
• Applicable legislation;
• Collective agreements; and
• Whether a bargaining council agreement applies.

Employers should assess each arrangement appropriately.

Employees Who Are Exempt From Certain Working-Time Provisions

Certain employees may fall outside some of the BCEA’s working-time protections depending on their circumstances.

The law provides for specific categories and thresholds that employers need to consider.

Employers should therefore avoid assuming that job titles alone determine whether an employee is excluded from a particular provision.

Where there is uncertainty, professional advice should be obtained.

Sunday Work

Sunday work has specific considerations under South African employment law.

Employees and employers should understand the applicable rules concerning:

• Whether Sunday work is part of the employee’s ordinary schedule;
• Remuneration;
• Agreements concerning Sunday work; and
• Applicable workplace arrangements.

Industries such as hospitality, retail, security and healthcare frequently require Sunday work, making proper planning particularly important.

Public Holiday Work

South African public holidays also have specific employment implications.

If an employee works on a public holiday, the applicable legal and contractual requirements should be considered.

Employers should ensure that payroll correctly identifies public-holiday work rather than treating it as ordinary working time without assessment.

Shift Work

Shift work creates additional HR considerations.

A shift system may involve:

• Day shifts;
• Night shifts;
• Rotating shifts;
• Weekend shifts; or
• Extended operating hours.

Employers should establish clear shift schedules and communicate changes appropriately.

Shift workers should also receive appropriate rest and should be managed in accordance with applicable working-time requirements.

Night Work

Employees who regularly work at night may have additional rights and protections under employment legislation.

Employers should consider:

• Compensation where applicable;
• Health assessments where required;
• Transportation considerations;
• Workplace safety;
• Communication; and
• Fatigue management.

Night work should not be treated as simply changing the start time of an ordinary shift.

Working Hours and Remote Work

Remote and hybrid work arrangements have changed how some organisations manage working time.

Working from home does not automatically mean that working-time rules no longer apply.

Employers should establish clear expectations regarding:

• Normal working hours;
• Availability;
• Meetings;
• Breaks;
• Overtime;
• Communication;
• Monitoring; and
• Recording of working time where required.

Employees should also understand when they are expected to be available.

Overtime and Remote Employees

Remote employees may sometimes work additional hours without formally reporting them.

This can create uncertainty for both parties.

Employers should establish a clear rule regarding overtime approval.

For example:

“Employees must obtain prior approval before working overtime, except in genuine emergencies or where otherwise required by management.”

The policy should be consistent with applicable law and the actual working arrangements.

Keeping Accurate Working-Time Records

Employers should maintain appropriate records of working time where required.

Records may include:

• Start times;
• End times;
• Overtime;
• Sunday work;
• Public holiday work;
• Leave;
• Absence; and
• Shift schedules.

Accurate records are particularly important when employees are paid according to hours worked.

Unauthorised Overtime

Employees may sometimes work additional hours without obtaining approval.

Employers should establish what happened before deciding how to respond.

Questions may include:

• Was the employee instructed to work additional hours?
• Was the overtime necessary?
• Did the manager know the employee was working?
• Was there an emergency?
• Does the company have an overtime policy?
• Were employees previously allowed to work overtime without formal approval?

Employers should avoid creating a situation where employees are regularly expected to work overtime informally and then later discipline them for doing so.

Overtime Abuse

Employers may also encounter situations where employees deliberately work unnecessary overtime.

This can increase labour costs.

Management should therefore monitor overtime and investigate unusual patterns.

For example, HR may identify:

• One employee consistently recording significantly more overtime than colleagues;
• Overtime occurring immediately before leave;
• Repeated overtime without corresponding workload increases; or
• Overtime being approved after the work has already been performed.

These patterns should be investigated rather than automatically treated as misconduct.

Managing Excessive Working Hours

Long working hours can affect:

• Productivity;
• Concentration;
• Employee wellbeing;
• Safety;
• Absenteeism; and
• Staff turnover.

Managers should therefore avoid assuming that more hours automatically mean greater productivity.

An employee working ten hours may not necessarily produce more value than an employee working eight productive hours.

Workload, resources and process efficiency should also be considered.

Working Hours and Employee Wellbeing

Fatigue can affect decision-making and workplace safety.

This is particularly important where employees:

• Drive vehicles;
• Operate machinery;
• Work at heights;
• Handle hazardous materials;
• Provide healthcare;
• Work security shifts; or
• Perform other safety-sensitive duties.

Employers should consider fatigue when designing schedules and approving overtime.

Working Hours and Payroll

HR and payroll should work closely together.

Working-time information may affect:

• Basic pay;
• Overtime;
• Public-holiday payments;
• Sunday work;
• Leave;
• Allowances; and
• Other remuneration.

Errors can quickly become significant when they affect many employees.

Payroll processes should therefore be regularly reviewed.

Common Working-Time Mistakes

No clear working schedule

Employees are unsure when they are expected to work.

Poor overtime records

The organisation cannot establish how many additional hours were worked.

Informal overtime arrangements

Managers verbally approve overtime without proper records.

Ignoring fatigue

Employees are scheduled for excessive hours without considering safety.

Treating all employees identically

Different categories of employees may have different applicable arrangements.

Failing to update contracts

Working arrangements change but contracts remain outdated.

Allowing overtime to become routine

If overtime occurs every week, the organisation should consider whether staffing levels or workload need to be addressed.

Payroll and HR using different records

Discrepancies can lead to employee complaints and payment errors.

A Practical Overtime Management Process

A simple process can help organisations control overtime:

Step 1: Identify the Need

The manager determines why additional hours are required.

Step 2: Obtain Approval

The appropriate manager approves the overtime where required.

Step 3: Record the Hours

The employee’s actual hours are accurately recorded.

Step 4: Verify the Record

The manager confirms the hours worked.

Step 5: Process Payroll

Payroll calculates the applicable payment according to the relevant arrangement.

Step 6: Review Trends

HR and management review overtime patterns periodically.

This allows the organisation to identify excessive overtime and recurring operational problems.

Working Hours Compliance Checklist

Employers can use the following as a basic review:

☐ Normal working hours are clearly communicated

☐ Employment contracts reflect applicable working arrangements

☐ Shift schedules are documented

☐ Overtime rules are communicated

☐ Overtime approval procedures exist

☐ Working hours are accurately recorded

☐ Overtime is correctly processed

☐ Sunday work is properly administered

☐ Public-holiday work is correctly handled

☐ Meal intervals are managed

☐ Rest periods are considered

☐ Night work requirements are addressed where applicable

☐ Remote-working expectations are clear

☐ Excessive overtime is monitored

☐ Payroll and HR records are reconciled

What Should Employees Do If They Believe Their Hours Are Incorrect?

Employees who believe their working hours or overtime have been incorrectly recorded should first raise the matter through the employer’s internal process.

They should keep relevant information such as:

• Dates worked;
• Start and finishing times;
• Approved overtime;
• Rosters;
• Payslips; and
• Relevant communications.

Employees should raise discrepancies as soon as reasonably possible.

What Should Employers Do When a Working-Time Dispute Arises?

The employer should review the available evidence.

This may include:

• Timesheets;
• Attendance records;
• Electronic access records;
• Rosters;
• Manager approvals;
• Payroll records; and
• Employee communications.

The organisation should establish the facts before reaching a conclusion.

Final Thoughts

Working hours and overtime are more than payroll issues.

They affect employee wellbeing, operational planning, productivity, workplace safety and employee relations.

Employers should establish clear working-time arrangements, communicate expectations and maintain accurate records.

Managers should also understand that working-time compliance is part of their responsibility.

Where overtime becomes excessive or routine, the organisation should consider whether the underlying problem is workload, staffing, planning or operational efficiency.

Employees, meanwhile, should understand their working arrangements and raise concerns when their hours or overtime are not being properly recorded.

A clear and consistently applied working-time system benefits both the employer and employees.

Frequently Asked Questions

How many hours can an employee work in South Africa?

The applicable limits depend on the employee’s circumstances and the provisions of the Basic Conditions of Employment Act or other applicable arrangements. Employers should assess the specific employment arrangement rather than applying one rule to every employee.

Is overtime compulsory?

Overtime is subject to applicable legal and contractual requirements. Employers should not assume that employees can be required to work unlimited additional hours.

Must overtime be approved?

Employers should establish a clear approval process. However, the legal treatment of overtime depends on the applicable circumstances and employment arrangements.

Does working from home remove overtime rights?

Not necessarily. Remote work does not automatically remove applicable working-time requirements.

Is Sunday work paid differently?

South African employment law contains specific provisions concerning Sunday work. The applicable payment depends on the circumstances and relevant employment arrangements.

Are public holidays treated as ordinary working days?

Public holidays have specific employment implications. Employers should assess the applicable legal and contractual requirements when employees work on public holidays.

Why should employers record working hours?

Accurate records help employers administer payroll, monitor overtime, plan staffing and resolve disputes.

Can an employee be disciplined for working unauthorised overtime?

The employer should first establish what happened, including whether management knew about or permitted the additional work and what the workplace policy provides.

Is excessive overtime a management problem?

It can be. Regular excessive overtime may indicate understaffing, poor planning, excessive workloads or inefficient processes.

Disclaimer

This article is provided for general informational and educational purposes and does not constitute legal advice. Working-time and overtime requirements depend on the employee’s circumstances, applicable legislation, employment contracts, collective agreements, bargaining council arrangements and other relevant factors. Employers should obtain appropriate professional or legal advice where a matter is complex or may have significant employment consequences.

Devhulon Business & People Solutions provides HR consulting and people-management support to businesses seeking practical assistance with HR compliance, payroll, employee relations, employment documentation and broader people-management processes.