PLEASE NOTE: New earnings threshold for 2022 and what it means to earn above or below the threshold: kzitem.info/news/bejne/l6dr3KNvhWWTZKg
@carmenfourie5346
3 жыл бұрын
Apologies - I filmed this after a long day and I appear to have forgotten how to pronounce the word REMUNERATE. Did you pick this up? 😁 I am now doubting if I ever pronounced this correctly. #alwayslearning
@jacquelinematee7733
2 жыл бұрын
In a nutshell the BCEA approves over time for people who are earning below the 211K threshold. For those who are earning above according to the BCEA is not allowed to be paid over unless the company has stated or clause has been drawn like the 1.5 calculation etc.
@carmenfourie5346
2 жыл бұрын
PLEASE NOTE: New earnings threshold for 2022 and what it means to earn above or below the threshold: kzitem.info/news/bejne/l6dr3KNvhWWTZKg
@goldenblawq1364
3 жыл бұрын
thank you so much this was soo helpful
@carmenfourie5346
3 жыл бұрын
Thanks for your feedback and for watching.
@goldenblawq1364
3 жыл бұрын
can an employer require that an employer add an hour to their daily work, not just once a week or so but for the rest of their employment so that company can manage workload. and if so what law provides for this ?
@carmenfourie5346
3 жыл бұрын
This would depend on a number of factors and I wouldn't be able to give a definitive "yes" or "no" without all the information. Factors to consider is: the maximum number of ordinary hours per week, the agreement between the employer and employee, if the employee earns below the earning threshold or not and if the employee is being remunerated fairly (which would depend on when the hour is, the employee's total earning, etc).
@mzimekuto8054
3 жыл бұрын
If the company acquires new business in December and has 30 employees, it then advise its employees that in January they will be working one more hour a day. Can they dismiss employees that refuse to work overtime because it will reduce the time they are spending with their families
@carmenfourie5346
3 жыл бұрын
The dismissal I assume would be for alleged insubordination and the test is whether the request that the employer posed is reasonable & legal. I am not able to answer this without comprehensive information about the situation. Things to consider is: the maximum number of ordinary hours per week, the agreement between the employer and employee, if the employee earns below the earning threshold or not and if the employee is being remunerated fairly (which would depend on when the hour is, the employee's total earning, etc). I hope this information offers some value.
@lucybel3615
2 жыл бұрын
Can an employer force someone over 65 to work overtime??
@carmenfourie5346
2 жыл бұрын
Age wouldn't necessarily be a deciding factor on whether or not an overtime request from an employer is fair. It would depend on whether or not the person is capable of working the overtime in a way that is not detrimental to their health and whether or not the person is contractually obliged to work overtime.
@johnnydynomite6596
8 ай бұрын
Any employment law peeps out there? I’m a chauffeur and my hours vary each day, never a set start/finish time or amount of hours. Is there a limit to how many hours I am legally allowed to drive? I have requested to not work more than 10 hour days, but I was told I have to work whatever they give me. Average driving most of the year is over 11-13 hours. On occasion I have driven 14-17 hours. Thank You
@marcellouis3627
Ай бұрын
Hi there 👋 we dont have an sectorial agreement working under bce , my employer wanna force us to work overtime, they have made a continuous schedule of 2 Saturdays pm , without consulting us , how do we fight that , so that we dont work overtime
@carmenfourie5346
17 күн бұрын
I recommend making sure that the employer is not entitled to require you to work overtime (check your contract, see how the relationship has worked in the past, etc) and if the employer is not entitled to require you to work overtime - then you can simply refuse to do so. I recommend making very sure, because if you refuse a legal and reasonable instruction you can face disciplinary action for insubordination.
@molefemokhine9557
3 жыл бұрын
Great content. Another question, can an employer force an employee to take annual leave? More so if that employee has been served with a notice of retrenchment?
@carmenfourie5346
3 жыл бұрын
Hi Molefe - Annual leave is taken by agreement, but when there is not agreement. The Employer can decide when the Employee must take leave, however, annual leave may not be taken during notice of termination. Meaning if you are busy working your notice due to being informed that services will be ended as a result of retrenchment, then annual leave cannot be taken and must be paid out (pro-rata) on termination. This is on condition that your industry falls under the Basic Conditions of Employment Act and not a Bargaining Council / Sectoral Determination that has different legislation. I hope this information is helpful.
@molefemokhine9557
3 жыл бұрын
@@carmenfourie5346 Very helpful indeed, thank you Carmen.
@yukibuzzybee7424
3 жыл бұрын
Hi, operating theatre nurse here. I'd greatly appreciate any info you have on overtime work during calls. For example, our normal hours amount to 42 hours per week (made up of three 12 hour shifts and one 6 hour shift). Over and above this we are on call every second weekend (Friday to Monday morning) and one night of every week day, sometimes two. We often end up working our 12 hour shift, then staying on to deal with the emergency cases. Sometimes it's 14 hours, or 16, or 20. It can literally be anything. Some employees have even worked over 24 hours when on call. Sometimes you only get a couple of hours rest after working the whole night before having to come in again for a shift. It is exhausting beyond belief. Is this legal? What can I do about it? My basic salary is under the threshold; although if you include the companies contribution to pension and medical aid, the total package night be just over the threshold. Which one is valid with regard to the Act? In my contract, there is no overtime agreement, it just says: "you undertake to work overtime for the company as required". Any advice would be appreciated as we are all so tired.
@carmenfourie5346
3 жыл бұрын
Good afternoon, I would recommend checking to see if you have a collective agreement that governs your terms and conditions (If for example you work for a State organisation there is likely to be a collective agreement). If you do, your T&C will differ from the Basic Conditions of Employment Act and my advise will not apply directly to your job. If there is a collective agreement, they often have a section that discusses being on call, overtime and maximum number of hours allowed to be worked. In the description of my video you will find a link to my blog where I detail what is or is not included in the calculation of the earnings threshold. In short medical aid and pension fund contributions are excluded. Finally, I refer you to Section 7 of the BCEA that states that working time must consider the health and safety of employees. Once you have collected information I would suggest taking it to your employer to attempt to resolve this matter and if you cannot resolve it, to elicit the assistance of the Department of Labour.
@jacquelinematee7733
2 жыл бұрын
Can you please do a recording of a shift worker in terms of the BCEA In conjunction with the company rules Pls simplify “ one weekend (2days falling on Saturday and Sunday)shall be granted per shift cycle. And A minimum of two weekend off in one shift cycle will be guaranteed for an eight shift cycle (not necessarily consecutive) in a year. Does this mean in one month 2 weekends on and 2 weekends off. Or 3 weekends on in a month?
@carmenfourie5346
2 жыл бұрын
Thank you for your request. Those seems to be company specific so I won't be able to address it in a video. I can, however, make a video about employees who work variable hours (working hours that change and working according to a shift roster) and what is allowed and is not allowed. Is that what you are looking for? The BCEA doesn't specifically refer to shift workers (that is a company specific thing).
@jacquelinematee7733
2 жыл бұрын
Yes please
@suefourie
3 жыл бұрын
Very interesting. Can employees ask / demand to work overtime to supplement their income?
@carmenfourie5346
3 жыл бұрын
Glad you think so. Employees can ask / request to work overtime, but it will be up to the Employer to allow authorised (paid) overtime to be worked. Some companies prefer to employ more employees to remove the necessity for overtime.
@Art_G
2 жыл бұрын
If u work 5 days a week. Can you be forced to work on Saturdays If you don’t have no babysitter
@carmenfourie5346
2 жыл бұрын
It depends on the agreement with your employer.
@ebenswanepoel5475
7 ай бұрын
My contract states: "you may be required to work overtime from time-to-time as per the operational requirement" now i am being forced to work overtime every Saturday and sunday for 8 hours a day and no compensation. I am being threatened to be fired if i do not work. What do i do?
@carmenfourie5346
5 ай бұрын
You can refer a matter of non-payment to the CCMA or approach the department of labour. You may be required to work Saturday and Sunday because your contract has that clause in it, however, payment needs to be done in accordance with the BCEA. The fairness of working those hours also depends on how many hours you work the rest of the week and the total number of hours.
@iload1ng505
2 жыл бұрын
full-time college student, work fulltime and forced to work 7 days a week (overtime). is there anyway that i can be exempt for that?
@carmenfourie5346
2 жыл бұрын
You won't be exempt based on your choice to study, but the labour law does make provision for weekly rest periods, which prevents employees from working 7 days a week. I suggest you look up "rest periods" in the Basic Conditions of Employment and with that information discuss more suitable working conditions with your employer.
@joshmomberg2702
2 жыл бұрын
Good evening I've got a question that I need clarity on. Can an employee refuse to work if you haven't been paid?
@carmenfourie5346
2 жыл бұрын
This depends. I think the safer option would be to refer a case to the CCMA, but then to continue to work while waiting for the case.
@joshmomberg2702
2 жыл бұрын
Okay thanks for the advice.
@joshmomberg2702
2 жыл бұрын
I do have another question, which to me is rather worrisome. @Carmen Fourie I've got another question that I'd like to ask. I work for a privately owned company, where I am the only office administrative person and there is no one to relieve me should I need to take leave. I've got a few leave days left remaining from last year's leave cycle, what advice can you give me upon questioning the leave days that I have left over to my employer? As I am currently working on a short time basis and that they might deny me taking and utilising those remaining leave days, let alone paying me out.
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