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  1. #31
    Join Date
    Oct 2012
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    Cape Town
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    Re: What is "Reasonable" Overtime?

    I say get an opinion from a HR person or Labour Lawyer(which I am not). imho legally they owe you a shitload of money and I think your bosses know that.
    Dulce et decorum est pro patria mori -The Universal Lie.

  2. #32
    Join Date
    Apr 2010
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    Phalaborwa
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    Re: What is "Reasonable" Overtime?

    yes, you are required to work overtime, according to your contract. and should whatever hit the fan, everyone should jump in and get it up and running.

    however - I do not see in your employment contract that you quoted, that it should be done for free. do they provide something like "leave in lieu of overtime"?

    do you dev for your company's own software, or software that they provide to other companies? ethical question - should they make money by planning on you working overtime? (with no work-life balance)

    what is the longest stint you work at a time? working extended hours will make it more likely that you are injured(even if traveling to and from work) . from a safety and health perspective you will fall under the OHSA (occupational health and safety act) I fall under the MHSA(mine health and safety act) - but the two are basically the same - so I have been exposed to some of it - even though I am no legal person. (so get your own legal advisor)

    http://www.labourguide.co.za/conditi...s-and-overtime
    a snips from the above interpretative page, but read it, and refer to the act itself
    No employee may work more than 45 hours per week normal time and the no employee may work more than 10 hours per week overtime. This applies irrespective of what industry you are in, because the act does not differentiate between different types of industry or employment environment.

    btw, the above is not the same as the BCEA, BCEA might say you need not to get paid for it, but OSHA says that you cannot work huge amounts of overtimes, and if you do, you need to be compensated
    Not so long ago, a deranged, ranting person's audience was limited to how many people happened to be on the same street. The Internet, however, has certainly allowed "crazy" to go global...

  3. #33
    Join Date
    Jan 2011
    Location
    BRAKPAN
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    30
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    Re: What is "Reasonable" Overtime?

    ouch those overtime hours...
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  4. #34
    Join Date
    May 2011
    Posts
    157
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    Re: What is "Reasonable" Overtime?

    Makes me angry when I read the op's plight, how can it be legal to obligate someone to work for free and with no limits?

    They pay you a decent base salary, hence your time is valuable but then your time essentially becomes worthless when its used for overtime, makes no sense.
    They are just rodgering the op at will, same as any other illegal/abusive relationship you'd encounter in the world and yet this situation is legal!?

    Would the employer ever agree to the op taking extra paid for leave whenever required, how much leave they ask, op says depends how much I need at the time...
    Ja right!!

    But thanks for the thread op, reminds me to be very aware of this situation and never agree to an open ended overtime clause, I'll perhaps agree to work overtime but the employer must pay for it.

    As many have pointed out and having worked previously for despots similar to this myself, typically the only option is finding another job. No decent person treats an employee like the op has been without fairly compensating them, ie they are scum and won't be open to changing the status quo, though for your own self worth you should at least voice your dissent(in a non confrontational manner), you never know maybe the big boss man will decide the new M3 isn't really necessary and the slaves can be paid their overtime
    Last edited by Skylark; 30-05-2017 at 02:58 PM.
    "What you are will show in what you do." - Thomas Edison

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