The Pressure on Employees Is Growing
If you are employed, you may already know what it feels like to be asked to do more with less.
Employers facing rising costs, staff shortages or financial pressure may expect employees to work longer hours, take on additional responsibilities or regularly stay late to finish their work.
While employers have the right to manage their businesses and allocate reasonable duties, they cannot simply ignore South African labour laws.
Being employed does not mean you must accept unlimited working hours, unpaid overtime or unfair treatment.
The important question is: How far can an employer legally go when demanding more from employees?
Your Rights Are Protected by South African Labour Law
Even when jobs are difficult to find, employees do not lose their legal rights.
South African labour legislation provides important protections governing working conditions, working hours, overtime and fair treatment in the workplace.
Three important laws are:
- The Basic Conditions of Employment Act 75 of 1997 (BCEA): Sets minimum employment conditions, including rules about ordinary working hours, overtime, leave and rest periods.
- The Labour Relations Act 66 of 1995 (LRA): Regulates the relationship between employers and employees, including collective bargaining, workplace disputes and protection against unfair labour practices.
- The Employment Equity Act 55 of 1998 (EEA): Protects employees and job applicants against unfair discrimination and promotes equal opportunities in the workplace.
The BCEA is particularly important when it comes to working hours and overtime.
Understanding Your Working Hours Under the BCEA
Section 9 of the BCEA sets the maximum ordinary working hours for employees covered by these provisions.
Generally, an employer may not require or allow an employee to work more than:
- 45 hours per week.
- 9 hours per day if the employee works five days or fewer per week.
- 8 hours per day if the employee works more than five days per week.
There is a limited exception for employees whose duties include serving members of the public. By agreement, their ordinary working hours may be extended by up to 15 minutes per day, but not more than 60 minutes per week, to finish serving customers.
These limits are important because an employer cannot simply decide that employees must work longer ordinary hours without taking the legal requirements into account.
When Can Your Employer Require You to Work Overtime?
Section 10 of the BCEA deals with overtime.
Overtime is generally work performed beyond an employee’s ordinary working hours. However, employers cannot simply demand unlimited overtime whenever they want.
For employees covered by the overtime provisions:
- Overtime must be agreed upon: An employer may not require an employee to work overtime unless there is an agreement to do so.
- There are weekly limits: Overtime is generally limited to 10 hours per week.
- There is a daily limit: An agreement cannot require or permit an employee to work more than 12 hours in a day, including ordinary hours and overtime.
- Overtime must be compensated: Employees must generally receive at least 1.5 times their normal wage for overtime worked.
There is an important exception to the weekly overtime limit. A collective agreement may increase the maximum to 15 hours per week, but this arrangement cannot apply for more than two months in any 12-month period.
An agreement to work overtime also does not give an employer unlimited power to demand additional hours indefinitely.
What About Employees Who Earn More Than the BCEA Earnings Threshold?
This is an important distinction that many employees and employers overlook.
From 1 May 2026, the BCEA earnings threshold is R269,600.90 per year.
Employees earning above this threshold are excluded from certain working-time protections in the BCEA, including the ordinary working-hour and overtime provisions in sections 9 and 10.
This means that the standard statutory limits on ordinary working hours and overtime pay do not automatically apply to employees earning above the threshold.
However, this does not mean employers have unlimited authority to demand unreasonable working hours. Employment contracts, applicable collective agreements, other labour legislation and workplace health and safety requirements may still provide protection.
Employees earning at or below the threshold generally remain covered by these working-time protections, subject to the specific exclusions and exceptions in the Act.
Importantly, the threshold is based on annual earnings before certain deductions, not simply the amount an employee takes home after tax and other deductions.
Are There Exceptions to the Normal Working-Hour Rules?
Yes. The BCEA recognises that certain jobs and circumstances require different arrangements.
Some employees are excluded from the ordinary working-time provisions, including:
- Employees in senior management positions.
- Certain employees who travel to customers and regulate their own working hours.
- Employees who work fewer than 24 hours a month for an employer.
- Employees earning above the applicable BCEA earnings threshold.
Certain emergency situations may also be treated differently under the Act.
In addition, written agreements and collective agreements may allow specific variations to ordinary working-hour arrangements, provided the legal requirements are followed.
These exceptions do not mean that every employer can ignore the law simply because a business is busy or experiencing staff shortages.
Can an Employment Contract Take Away Your Rights?
No employer can simply insert a clause into an employment contract that removes statutory minimum rights where those rights apply.
For example, an agreement stating that an employee must work unlimited unpaid overtime does not automatically make that arrangement lawful.
However, the BCEA does allow certain working-hour arrangements to be changed through agreements or collective agreements where the Act specifically permits this.
The important distinction is between a lawful agreement that complies with the legislation and an unlawful attempt to avoid basic employment protections.
Employees should read their employment contracts carefully and understand what they are agreeing to before signing.
What Should Employees and Employers Remember?
South Africa’s difficult employment environment should never become an excuse for ignoring workers’ legal rights.
Employers are entitled to manage their businesses, set reasonable expectations and ensure that work gets done. However, they must also comply with applicable labour legislation.
Employees, on the other hand, should understand their rights and know when an employer’s demands may cross the line.
If you are unsure whether your working hours, overtime arrangements or employment contract comply with the law, contact us for legal advice.
Having a job should not mean giving up your rights.
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