Compensation and Working Time
Overtime Compensation
In accordance with the BCEA, maximum working hours in a week are 45 hours. Normal daily working hours are 9 hours for the workers working less than or equal to 5 days a week and 8 hours for the workers working more than 5 days in a week. An employer must provide an employee with a daily rest period of at least 12 consecutive hours between start and end of the work. Normal working hours may be extended up to 15 minutes a day or 60 minutes a week for the workers serving the public to continue performing those duties after completion of normal hours of work. Workers may agree to work up to 12 hours a day without getting overtime pay, however, the maximum working hours in a week cannot be greater than 45 hours.
A written agreement may require or permit a worker to work up to twelve hours in a day. However, overtime hours must not exceed 10 hours in a week. The compensation for overtime work is at least 150% of the normal hourly wage rate.
A worker may also agree to paid time off or a combination of both pay and time off. A collective agreement may increase the maximum permitted overtime to 15 hours a week, however, such agreement may not be in force for more than two months in any period of 12 months.
Despite restrictions on normal working hours and overtime hours, the ordinary hours of work and overtime of a worker may be averaged over a period of up to four months in terms of a collective agreement. In such a case, an employer may not require or permit a worker to work more than an average of 45 hours of work in a week over the agreed period and an average of five hours overtime in a week over the agreed period.
From 1 April 2025, the annual earnings threshold is raised to R261 748.45. Employees earning above this amount are excluded from BCEA provisions concerning ordinary hours, overtime, compressed week, averaging, meals, daily/weekly rest, night work, and public-holiday compensation. employees who now fall below the higher threshold newly gain these working-time protections.
Source: § 9-12 & 15 of the Basic Conditions of Employment Act, 1997 (last amended in 2020)
Non-Standard Workers' Rights on Working Hours and Overtime - Platform Workers
Working hours are regulated for employees. Since, independent contractors, i.e., platform workers are not considered employees, the working hours' restriction is generally not applicable to them.
In some cases, apps will shut down after 12 hours (eg Uber). In other cases, it is up to platform workers to manage their own hours.
The concept of surge pricing is applicable mostly to Uber. It's an incentive for drivers when there is more demand then supply for drivers. In the event of bad weather as well as rush hours, demand for rides increases. In such cases, fares increase. This is referred to as surge pricing. Fares are updated based on the demand in real-time. Uber drivers or partners are shown this high demand through a changed colour map indicating demand originating from those areas. Surge rates are charged as a multiplier of X. The surge multiplier generally lies between 1 to 2. In the case of surge pricing with a multiplier of 1.5, the normal fare which was earlier 10 Rand rises to 15 Rand. The actual payout to the worker increases in this case.
Night Work Compensation
In accordance with the BCEA, night work is the work done between 06 p.m. and 06 a.m. An employer must inform the worker in writing or orally about the health and safety hazards associated with the night work, if an employer requires a worker to perform work on a regular basis between 11 pm to 06 am. Night workers must also undergo medical examination before commencement of employment and after reasonable time intervals while the worker continues to perform such work. If a worker suffers from a health condition associated with the performance of night work, the employer must transfer him/her to day work if it is practical for the employer to do so.
Workers working during night hours should either get monetary compensation or work a reduced number of hours and have transport available between the workplace and worker's residence. However, the Act does not specify the specific rate for monetary compensation.
Source: §17 of the Basic Conditions of Employment Act 1997 (last amended in 2018)
Night Work Compensation
In accordance with the BCEA, night work is the work done between 06 p.m. and 06 a.m. An employer must inform the worker in writing or orally about the health and safety hazards associated with the night work, if an employer requires a worker to perform work on a regular basis between 11 pm to 06 am. An employee is considered to work on a regular basis if they work more than an hour between 11:00 PM and 6:00 AM at least five times a month or 50 times a year. Night workers must also undergo medical examination before commencement of employment and after reasonable time intervals while the worker continues to perform such work. If a worker suffers from a health condition associated with the performance of night work, the employer must transfer him/her to the day work if it is practical for the employer to do so.
Workers working during night hours should either get monetary compensation or work reduced number of hours and have transport available between the workplace and worker's residence. However, the Act does not specify a specific rate for monetary compensation.
Source: §17 of the Basic Conditions of Employment Act, 1997 (last amended in 2020)
Compensatory Holidays / Rest Days
A worker is entitled to the compensatory rest day when he/she has to perform work on a weekly rest day. Workers get higher wages for working on weekly rest day (sunday).
Instead of getting higher wages for working on a weekly rest day, workers may agree to get paid time-off for working on a weekly rest day, i.e., Sunday.
There is no provision for compensatory holiday for workers working on a public holiday. An employer must grant paid time off within one month of the worker becoming entitled to it. A written agreement may increase this period to 12 months.
Source: §16 of the Basic Conditions of Employment Act, 1997 (last amended in 2020)
Weekend / Public Holiday Work Compensation
Workers may be required to work on weekly rest days and public holidays. In such circumstances when employees have to work on official holidays, they are entitled to receive wages at a premium rate of 200% of the normal hourly wage rate. Workers working on weekly rest days are entitled to premium pay at the following rate:
· 150% of the normal hourly wage for workers usually working on Sundays; · 200% of the normal hourly wage for workers not usually working on Sundays; and · Normal daily wage if a worker works less than usual shift, and he/she is entitled to the compensation less than his usual normal wage rate.
Source: §16 of the Basic Conditions of Employment Act, 1997 (last amended in 2020)
Regulations on Compensation
- Basic Conditions of Employment Act, 1997 (amended in 2002 & 2013)
Overtime Compensation
In accordance with the BCEA, maximum working hours in a week are 45 hours. Normal daily working hours are 9 hours for the workers working less than or equal to 5 days a week and 8 hours for the workers working more than 5 days in a week. An employer must provide an employee with a daily rest period of at least 12 consecutive hours between start and end of the work. Normal working hours may be extended up to 15 minutes a day or 60 minutes a week for the workers serving the public to continue performing those duties after completion of normal hours of work. Workers may agree to work up to 12 hours a day without getting overtime pay, however, the maximum working hours in a week cannot be greater than 45 hours.
A written agreement may require or permit a worker to work up to twelve hours in a day. However, overtime hours must not exceed 10 hours in a week. The compensation for overtime work is at least 150% of the normal hourly wage rate.
A worker may also agree to paid time off or a combination of both pay and time off. A collective agreement may increase the maximum permitted overtime to 15 hours a week, however, such agreement may not be in force for more than two months in any period of 12 months.
Despite restrictions on normal working hours and overtime hours, the ordinary hours of work and overtime of a worker may be averaged over a period of up to four months in terms of a collective agreement. In such a case, an employer may not require or permit a worker to work more than an average of 45 hours of work in a week over the agreed period and an average of five hours overtime in a week over the agreed period.
From 1 April 2025, the annual earnings threshold is raised to R261 748.45. Employees earning above this amount are excluded from BCEA provisions concerning ordinary hours, overtime, compressed week, averaging, meals, daily/weekly rest, night work, and public-holiday compensation. employees who now fall below the higher threshold newly gain these working-time protections.
Source: § 9-12 & 15 of the Basic Conditions of Employment Act, 1997 (last amended in 2020)
Non-Standard Workers' Rights on Working Hours and Overtime - Platform Workers
Working hours are regulated for employees. Since, independent contractors, i.e., platform workers are not considered employees, the working hours' restriction is generally not applicable to them.
In some cases, apps will shut down after 12 hours (eg Uber). In other cases, it is up to platform workers to manage their own hours.
The concept of surge pricing is applicable mostly to Uber. It's an incentive for drivers when there is more demand then supply for drivers. In the event of bad weather as well as rush hours, demand for rides increases. In such cases, fares increase. This is referred to as surge pricing. Fares are updated based on the demand in real-time. Uber drivers or partners are shown this high demand through a changed colour map indicating demand originating from those areas. Surge rates are charged as a multiplier of X. The surge multiplier generally lies between 1 to 2. In the case of surge pricing with a multiplier of 1.5, the normal fare which was earlier 10 Rand rises to 15 Rand. The actual payout to the worker increases in this case.
Night Work Compensation
In accordance with the BCEA, night work is the work done between 06 p.m. and 06 a.m. An employer must inform the worker in writing or orally about the health and safety hazards associated with the night work, if an employer requires a worker to perform work on a regular basis between 11 pm to 06 am. Night workers must also undergo medical examination before commencement of employment and after reasonable time intervals while the worker continues to perform such work. If a worker suffers from a health condition associated with the performance of night work, the employer must transfer him/her to day work if it is practical for the employer to do so.
Workers working during night hours should either get monetary compensation or work a reduced number of hours and have transport available between the workplace and worker's residence. However, the Act does not specify the specific rate for monetary compensation.
Source: §17 of the Basic Conditions of Employment Act 1997 (last amended in 2018)
Night Work Compensation
In accordance with the BCEA, night work is the work done between 06 p.m. and 06 a.m. An employer must inform the worker in writing or orally about the health and safety hazards associated with the night work, if an employer requires a worker to perform work on a regular basis between 11 pm to 06 am. An employee is considered to work on a regular basis if they work more than an hour between 11:00 PM and 6:00 AM at least five times a month or 50 times a year. Night workers must also undergo medical examination before commencement of employment and after reasonable time intervals while the worker continues to perform such work. If a worker suffers from a health condition associated with the performance of night work, the employer must transfer him/her to the day work if it is practical for the employer to do so.
Workers working during night hours should either get monetary compensation or work reduced number of hours and have transport available between the workplace and worker's residence. However, the Act does not specify a specific rate for monetary compensation.
Source: §17 of the Basic Conditions of Employment Act, 1997 (last amended in 2020)
Compensatory Holidays / Rest Days
A worker is entitled to the compensatory rest day when he/she has to perform work on a weekly rest day. Workers get higher wages for working on weekly rest day (sunday).
Instead of getting higher wages for working on a weekly rest day, workers may agree to get paid time-off for working on a weekly rest day, i.e., Sunday.
There is no provision for compensatory holiday for workers working on a public holiday. An employer must grant paid time off within one month of the worker becoming entitled to it. A written agreement may increase this period to 12 months.
Source: §16 of the Basic Conditions of Employment Act, 1997 (last amended in 2020)
Weekend / Public Holiday Work Compensation
Workers may be required to work on weekly rest days and public holidays. In such circumstances when employees have to work on official holidays, they are entitled to receive wages at a premium rate of 200% of the normal hourly wage rate. Workers working on weekly rest days are entitled to premium pay at the following rate:
· 150% of the normal hourly wage for workers usually working on Sundays; · 200% of the normal hourly wage for workers not usually working on Sundays; and · Normal daily wage if a worker works less than usual shift, and he/she is entitled to the compensation less than his usual normal wage rate.
Source: §16 of the Basic Conditions of Employment Act, 1997 (last amended in 2020)
Regulations on Compensation
- Basic Conditions of Employment Act, 1997 (amended in 2002 & 2013)
