It is a common occurrence that employers only allow overtime to be paid once an entire week’s hours are completed, regardless if the ordinary hours per day are exceeded. Sectoral Determination 13 (SD13) defines overtime as meaning the time that the farm worker works during a day or in a week in excess of ordinary hours of work. The first and most important factor to take into account, is the contracted hours of the employee. What does the contract state in terms of working hours (for example what days will there be expected to work, and for how long on each day)? If the employee is only contracted to work from Monday to Friday, and the employee sometimes works on Saturdays (on request of the employer), those hours need to be remunerated at an overtime rate of at least 1,5 times the employee’s normal hourly wage. Overtime is calculated on the hours worked which exceed the agreed upon daily or weekly limit. This means that if a worker works less than the agreed upon weekly hours (for example 45 hours) but works nine hours instead of the agreed upon eight hours on a specific day within that week, overtime should be paid to that worker for that hour.
In example, Adam* is contracted to work nine hours per day, five days a week (45hs per week), and on Monday he worked 10 hours. He will need to be compensated for that one extra hour at 1,5 times his usual hourly rate, even if he does not work the rest of that week, for whatever the reason might be. Workers do not need to “fill-up” their weekly hours before overtime is paid.
It is important to remember the following (SD13, Section 13) that agri workers:
- May not work more than 15 hours overtime per week.
- May not work more than 12 hours on any day, including overtime.
- Must agree to work overtime.
- Management must make sure that working hours are monitored effectively.
For more information on overtime, work on Sundays, and Public holidays, feel free to refer to the SIZA Social Standard code requirement 188.8.131.52: https://siza.co.za/standard/social-standard/